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This entry was published on 2022-04-22
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SECTION 16-N
Restore New York's Communities Initiative
Urban Development Corporation Act 174/68 (UDA) CHAPTER INTRO
* § 16-n. Restore New York's Communities Initiative. 1. Definitions.
(a) For the purposes of this section "deconstruction" shall mean the
careful disassembly of buildings of architectural or historic
significance with the intent to rehabilitate, reconstruct the building
or salvage the material disassembled from the building.

(b) For the purposes of this section "reconstruction" shall mean the
construction of a new building which is similar in architecture and size
to a previously existing building at such location.

(c) For the purposes of this section "rehabilitation" shall mean
structural repairs, mechanical systems repair or replacement, repairs
related to deferred maintenance, emergency repairs, energy efficiency
upgrades, accessibility improvements, mitigation of lead based paint
hazards, and other repairs which result in a significant improvement to
the property.

(d) For the purposes of this section "municipality" shall mean any
county, city, town or village within the state of New York, except a
city having a population of one million or more, unless such area is in
a distressed community as defined in paragraph (c) of subdivision six of
this section.

(e) For the purposes of this section "residential apartment unit"
shall mean a multiple dwelling consisting of one or more rooms
containing at least one bathroom, which room or rooms are separated and
set apart from all other rooms within a multiple dwelling.

(f) For the purposes of this section "affordable housing units" shall
mean permanent housing that is affordable to low- and moderate-income
households, such that the new housing achieves income averaging at or
below fifty percent of the area median income, with residents'
eligibility capped at a maximum of eighty percent of the area median
income at the start of their lease.

2. The Restore New York's Communities Initiative is hereby created.
The corporation is authorized, within available appropriations, to issue
request for proposals at least once per fiscal year to provide grants
for the purposes established in subdivisions four and five of this
section, to municipalities that have completed a property assessment
list, as established in subdivision three of this section.

3. Property assessment list. To be eligible for the demolition and
deconstruction program or rehabilitation and reconstruction program
assistance, as established in subdivisions four and five of this
section, municipalities shall conduct an assessment of vacant,
abandoned, surplus or condemned buildings in communities within their
jurisdiction. Such real property may include residential real property,
residential apartment units and commercial real properties. Such
properties shall be selected for the purpose of revitalizing urban
centers or rural areas, encouraging commercial investment, adding value
to the municipal housing stock, and increasing the amount of affordable
housing units available to low- and moderate-income households. The
property assessment list shall be organized to indicate the location,
size, whether the building is residential or commercial and whether the
building will be demolished, deconstructed, rehabilitated or
reconstructed. Such properties shall be published in a local daily
newspaper for no less than three consecutive days. Additionally, the
municipality shall conduct public hearings in the communities where the
buildings are identified.

4. Demolition and deconstruction program. Real property in need of
demolition or deconstruction on the property assessment list may receive
grants of up to thirty thousand dollars per residential real property.
The corporation shall determine the cost of demolition and
deconstruction of commercial properties on a per-square foot basis and
establish maximum grant awards accordingly. The corporation shall also
consider geographic differences in the cost of demolition and
deconstruction in the establishment of maximum grant awards.

5. Rehabilitation and reconstruction program. (a) Real property in
need of rehabilitation or reconstruction on the property assessment list
may receive grants of up to one hundred fifty thousand dollars per
residential real property. Exclusive of such grant of up to one hundred
fifty thousand dollars for residential real property, individual
residential apartment units on the property assessment list may receive
grants of up to seventy thousand dollars per unit. Nothing contained in
this paragraph shall be construed to authorize grants for real property
and residential apartment units to be combined.

(b) Provided, further, that a project for the rehabilitation or
reconstruction of real property pursuant to this subdivision for the
purpose of creating affordable housing units shall be eligible to
receive a grant of up to one hundred fifty thousand dollars plus up to
seventy thousand dollars per residential apartment unit.

(c) The corporation shall determine the cost of rehabilitation and
reconstruction of commercial properties on a per-square foot basis and
establish maximum grant awards accordingly. The corporation shall also
consider geographic differences in the cost of rehabilitation and
reconstruction in the establishment of maximum grant awards. Provided,
however, to the extent possible, all such rehabilitation and
reconstruction program real property shall be architecturally consistent
with nearby and adjacent properties or in a manner consistent with a
local revitalization or urban development plan. Provided, further, such
grant may be used for site development needs including but not limited
to water, sewer and parking.

6. Granting of assistance. (a) The corporation shall review all
property assessment lists and may make awards pursuant to subdivisions
four and five of this section. The corporation shall, to the fullest
extent possible, provide such assistance in a geographically
proportionate manner throughout the state based on the qualified
applications received pursuant to this section.

(b) Priority in granting such assistance shall be given to properties
eligible under this section that have approved applications or are
receiving grants pursuant to other state or federal redevelopment,
remediation or planning programs including, but not limited to, to the
brownfield opportunity areas program adopted pursuant to section 970-r
of the general municipal law or an investment zone designated pursuant
to paragraph (i) of subdivision (a) or subdivision (d) of section 958 of
the general municipal law.

(c) Priority shall also be given to properties in economically
distressed communities which are defined as cities and other communities
determined by the commissioner of the department of economic development
on the basis of criteria indicative of economic distress, including
poverty rates, numbers of persons receiving public assistance,
unemployment rates, rate of employment decline, population loss, rate of
per capita income change, decline in economic activity and private
investment, and such other indicators as the commissioner deems
appropriate to be in need of economic assistance.

(d) A municipality that is granted an award or awards under this
section shall provide a matching contribution of no less than ten
percent of the aggregated award or awards amount. Such matching
contribution may be in the form of a financial and/or in kind
contribution. Financial contributions may include grants from federal,
state and local entities. In kind contributions may include but shall
not be limited to the efforts of municipalities to conduct an inventory
and assessment of vacant, abandoned, surplus, condemned, and
deteriorated properties and to manage and administer grants pursuant to
subdivisions four and five of this section. A municipality that is
granted an award or awards under this section shall make best efforts to
ensure that minority-owned and women-owned business enterprises
certified pursuant to article fifteen-A of the executive law are given
the opportunity for maximum feasible participation in any municipal
contracting opportunities.

* NB There are 2 § 16-n's