State Codes and Statutes

Statutes > New-york > Pvh > Article-16 > 903

§  903.  Contracts  with  neighborhood  preservation companies. 1. The  commissioner may enter into  contracts  with  neighborhood  preservation  companies  for  the performance of neighborhood preservation activities.  Such contracts shall be entered into, however,  only  after  appropriate  findings  by  the  commissioner  and shall be subject to the limitations  hereinafter set forth.    2. Prior to entering into a contract with a neighborhood  preservation  company,   the   commissioner   shall  have  made  a  finding  that  the  neighborhood in which  the  activities  are  proposed  to  be  conducted  contains  a  significant  amount of deteriorating or substandard housing  which is not being adequately repaired, renovated, upgraded,  modernized  or  rehabilitated under existing programs so as to provide sound housing  at costs which the residents of such neighborhoods can afford; that  the  neighborhood  preservation  company  which proposes to contract with the  commissioner is a bona  fide  organization  which  shall  have  been  in  existence  either  as  a  corporation or as an unincorporated, organized  group and performing significant  neighborhood  preservation  activities  for  at least one full year prior to entering into any contract with the  commissioner and which shall have demonstrated by its immediate past and  current  activities  that  it  has  the  ability  to  preserve,  repair,  maintain,    renovate,   rehabilitate,   manage   or   operate   housing  accommodations  or  to  engage  in   other   neighborhood   preservation  activities  in  such  neighborhood;  that  the neighborhood preservation  activities which are to be performed pursuant to the  proposed  contract  are  needed  by the neighborhood; and that the neighborhood preservation  company possesses or will acquire or gain access to the requisite staff,  office facilities within such neighborhood, equipment and  expertise  to  enable  it  to  perform  the  activities  which it proposes to undertake  pursuant to such contract; provided, however, that it shall not be a bar  to the  commissioner's  contracting  with  a  neighborhood  preservation  company  that  one  or  more organizations, whether pursuant to contract  with the commissioner or not, are conducting  neighborhood  preservation  activities wholly or partially within the same neighborhood.    3.  In  determining  to  enter  into  a  contract  with a neighborhood  preservation company pursuant to this article,  the  commissioner  shall  investigate, to the extent which he shall deem necessary or appropriate,  and determine;    (a)  that the geographic boundaries proposed by the applicant for such  a contract define a  recognized  or  established  neighborhood  or  area  within the municipality;    (b)  that  the  demographic and other relevant data pertaining to such  neighborhood indicate  that  the  neighborhood  has  sustained  physical  deterioration,  decay,  neglect  or  disinvestment,  that  a substantial  proportion  of  the  residential  population   that   the   neighborhood  preservation company proposes to assist through its activities is of low  income  and  that such neighborhood is in need of active intervention to  effect its preservation, stabilization or improvement;    (c) that the activities proposed to be conducted by  the  neighborhood  preservation company are reasonably calculated to have a positive effect  on the preservation, stabilization or improvement of the neighborhood;    (d)  that  the neighborhood preservation company's officers, directors  and members  are  fairly  representative  of  the  residents  and  other  legitimate  interests of the neighborhood, that they will carry out such  a contract in a responsible manner and that a majority of the  directors  of   the   neighborhood   preservation  company  are  residents  of  the  neighborhood;(f) that  the  fees  received  or  proposed  to  be  received  by  the  neighborhood   preservation  company  from  the  management  of  housing  accommodations are fair and reasonable;    (g)  that  the plan submitted by the neighborhood preservation company  demonstrates that such  company  will,  to  the  extent  possible,  give  priority  when hiring new employees to residents of the neighborhood who  are either unemployed or not fully employed;    (h)  that  the  neighborhood  preservation  company  has  a  plan   to  facilitate,  to  the  maximum  extent  feasible,  the disposition of any  buildings containing housing accommodations  owned  by  the  company  to  individual  occupants  thereof  or  to  cooperative groups whose members  shall be occupants thereof; and    (i) that the  interests  of  occupants  of  any  buildings  containing  housing  accommodations  owned  by the neighborhood preservation company  are adequately represented.    4. Contracts entered into  hereunder  with  neighborhood  preservation  companies  shall  be limited in duration to periods of one year, but may  thereafter be renewed, extended or succeeded by new contracts from  year  to  year in the discretion of the commissioner; they shall be limited in  amount to the sum of one hundred thousand  dollars  in  a  single  year,  provided  that  in  any year in which the aggregate sum of three hundred  thousand dollars shall have been reached and all succeeding  years,  the  annual  contract  amount  shall  be  subject  to a limit of ninety-seven  thousand  five  hundred  dollars  per  year;  they  shall  define   with  particularity  the  neighborhood  or  portion  thereof  within which the  neighborhood preservation activities  shall  be  performed;  they  shall  specify  the  nature  of  the neighborhood preservation activities which  shall be  performed  including  the  approximate  number  of  buildings,  residential  dwelling  units and local retail and service establishments  which shall be affected; they shall locate and describe,  with  as  much  particularity  as  is reasonably possible, the buildings with respect to  which such activities shall be performed during the contract  term;  and  they  shall  specify  the  number  of  persons,  salaries  or  rates  of  compensation and a description of duties of those who shall  be  engaged  by  the  neighborhood  preservation  company  to  perform the activities  embraced by the contract together with a schedule of  other  anticipated  expenses.    5.  Prior to renewing or extending a contract or entering a succeeding  contract with a neighborhood preservation  company  the  division  shall  determine that:    (a)  the  company  shall have substantially completed the neighborhood  preservation  activities  specified  in  the  contract  to  be  renewed,  extended, or succeeded;    (b)  the  company  shall  have  received the sums, services, and funds  specified in subdivision four of  section  nine  hundred  four  of  this  article; and    (c) the activities carried out by the company pursuant to its contract  shall  have  had  a  significant  impact  on  the  community's  needs as  specified in the contract.    6. Prior to terminating, not renewing or not extending a contract  the  division shall:    (a)  determine  that  the  company  is  in  violation of the terms and  conditions of the contract  or  that  funds  provided  pursuant  to  the  contract are being expended in a manner not consistent with the terms of  the contract or the provisions of this article; or    (b)  determine that necessary and appropriate technical assistance has  been provided without significant improvement in the activities  of  the  company; and(c)  provide the company with written notice, at least forty-five days  in advance, of its intent to terminate, not  renew  or  not  extend  the  contract  and  provide  the company with an opportunity to appear and be  heard before the division with respect to the reasons for such  proposed  termination,  non-renewal  or  non-extension.  At  the  same time that a  company is notified of the division's intent to terminate, not renew  or  not  extend  the contract, the division shall likewise inform the senate  and  assembly  members  who  represent  areas  within   such   company's  geographic boundaries.    7. The division shall establish, for renewal of contracts, a procedure  which  provides  the company with at least forty-five days notice of the  company's obligations and rights in that process, informs the company of  the amount of the renewal contract, and facilitates the timely execution  of the contract and disbursement of funds.    8. The division may temporarily withhold payments and may elect not to  renew or extend a contract or  enter  a  succeeding  contract  with  any  neighborhood  preservation  company  if the company is not in compliance  with its contract, has without good cause failed to submit documentation  required under its contract or requested by the  division  to  make  the  determinations  required  under  subdivision five of this section or has  not satisfied any other conditions  consistent  with  this  article  for  renewing or extending a contract or entering a succeeding contract.

State Codes and Statutes

Statutes > New-york > Pvh > Article-16 > 903

§  903.  Contracts  with  neighborhood  preservation companies. 1. The  commissioner may enter into  contracts  with  neighborhood  preservation  companies  for  the performance of neighborhood preservation activities.  Such contracts shall be entered into, however,  only  after  appropriate  findings  by  the  commissioner  and shall be subject to the limitations  hereinafter set forth.    2. Prior to entering into a contract with a neighborhood  preservation  company,   the   commissioner   shall  have  made  a  finding  that  the  neighborhood in which  the  activities  are  proposed  to  be  conducted  contains  a  significant  amount of deteriorating or substandard housing  which is not being adequately repaired, renovated, upgraded,  modernized  or  rehabilitated under existing programs so as to provide sound housing  at costs which the residents of such neighborhoods can afford; that  the  neighborhood  preservation  company  which proposes to contract with the  commissioner is a bona  fide  organization  which  shall  have  been  in  existence  either  as  a  corporation or as an unincorporated, organized  group and performing significant  neighborhood  preservation  activities  for  at least one full year prior to entering into any contract with the  commissioner and which shall have demonstrated by its immediate past and  current  activities  that  it  has  the  ability  to  preserve,  repair,  maintain,    renovate,   rehabilitate,   manage   or   operate   housing  accommodations  or  to  engage  in   other   neighborhood   preservation  activities  in  such  neighborhood;  that  the neighborhood preservation  activities which are to be performed pursuant to the  proposed  contract  are  needed  by the neighborhood; and that the neighborhood preservation  company possesses or will acquire or gain access to the requisite staff,  office facilities within such neighborhood, equipment and  expertise  to  enable  it  to  perform  the  activities  which it proposes to undertake  pursuant to such contract; provided, however, that it shall not be a bar  to the  commissioner's  contracting  with  a  neighborhood  preservation  company  that  one  or  more organizations, whether pursuant to contract  with the commissioner or not, are conducting  neighborhood  preservation  activities wholly or partially within the same neighborhood.    3.  In  determining  to  enter  into  a  contract  with a neighborhood  preservation company pursuant to this article,  the  commissioner  shall  investigate, to the extent which he shall deem necessary or appropriate,  and determine;    (a)  that the geographic boundaries proposed by the applicant for such  a contract define a  recognized  or  established  neighborhood  or  area  within the municipality;    (b)  that  the  demographic and other relevant data pertaining to such  neighborhood indicate  that  the  neighborhood  has  sustained  physical  deterioration,  decay,  neglect  or  disinvestment,  that  a substantial  proportion  of  the  residential  population   that   the   neighborhood  preservation company proposes to assist through its activities is of low  income  and  that such neighborhood is in need of active intervention to  effect its preservation, stabilization or improvement;    (c) that the activities proposed to be conducted by  the  neighborhood  preservation company are reasonably calculated to have a positive effect  on the preservation, stabilization or improvement of the neighborhood;    (d)  that  the neighborhood preservation company's officers, directors  and members  are  fairly  representative  of  the  residents  and  other  legitimate  interests of the neighborhood, that they will carry out such  a contract in a responsible manner and that a majority of the  directors  of   the   neighborhood   preservation  company  are  residents  of  the  neighborhood;(f) that  the  fees  received  or  proposed  to  be  received  by  the  neighborhood   preservation  company  from  the  management  of  housing  accommodations are fair and reasonable;    (g)  that  the plan submitted by the neighborhood preservation company  demonstrates that such  company  will,  to  the  extent  possible,  give  priority  when hiring new employees to residents of the neighborhood who  are either unemployed or not fully employed;    (h)  that  the  neighborhood  preservation  company  has  a  plan   to  facilitate,  to  the  maximum  extent  feasible,  the disposition of any  buildings containing housing accommodations  owned  by  the  company  to  individual  occupants  thereof  or  to  cooperative groups whose members  shall be occupants thereof; and    (i) that the  interests  of  occupants  of  any  buildings  containing  housing  accommodations  owned  by the neighborhood preservation company  are adequately represented.    4. Contracts entered into  hereunder  with  neighborhood  preservation  companies  shall  be limited in duration to periods of one year, but may  thereafter be renewed, extended or succeeded by new contracts from  year  to  year in the discretion of the commissioner; they shall be limited in  amount to the sum of one hundred thousand  dollars  in  a  single  year,  provided  that  in  any year in which the aggregate sum of three hundred  thousand dollars shall have been reached and all succeeding  years,  the  annual  contract  amount  shall  be  subject  to a limit of ninety-seven  thousand  five  hundred  dollars  per  year;  they  shall  define   with  particularity  the  neighborhood  or  portion  thereof  within which the  neighborhood preservation activities  shall  be  performed;  they  shall  specify  the  nature  of  the neighborhood preservation activities which  shall be  performed  including  the  approximate  number  of  buildings,  residential  dwelling  units and local retail and service establishments  which shall be affected; they shall locate and describe,  with  as  much  particularity  as  is reasonably possible, the buildings with respect to  which such activities shall be performed during the contract  term;  and  they  shall  specify  the  number  of  persons,  salaries  or  rates  of  compensation and a description of duties of those who shall  be  engaged  by  the  neighborhood  preservation  company  to  perform the activities  embraced by the contract together with a schedule of  other  anticipated  expenses.    5.  Prior to renewing or extending a contract or entering a succeeding  contract with a neighborhood preservation  company  the  division  shall  determine that:    (a)  the  company  shall have substantially completed the neighborhood  preservation  activities  specified  in  the  contract  to  be  renewed,  extended, or succeeded;    (b)  the  company  shall  have  received the sums, services, and funds  specified in subdivision four of  section  nine  hundred  four  of  this  article; and    (c) the activities carried out by the company pursuant to its contract  shall  have  had  a  significant  impact  on  the  community's  needs as  specified in the contract.    6. Prior to terminating, not renewing or not extending a contract  the  division shall:    (a)  determine  that  the  company  is  in  violation of the terms and  conditions of the contract  or  that  funds  provided  pursuant  to  the  contract are being expended in a manner not consistent with the terms of  the contract or the provisions of this article; or    (b)  determine that necessary and appropriate technical assistance has  been provided without significant improvement in the activities  of  the  company; and(c)  provide the company with written notice, at least forty-five days  in advance, of its intent to terminate, not  renew  or  not  extend  the  contract  and  provide  the company with an opportunity to appear and be  heard before the division with respect to the reasons for such  proposed  termination,  non-renewal  or  non-extension.  At  the  same time that a  company is notified of the division's intent to terminate, not renew  or  not  extend  the contract, the division shall likewise inform the senate  and  assembly  members  who  represent  areas  within   such   company's  geographic boundaries.    7. The division shall establish, for renewal of contracts, a procedure  which  provides  the company with at least forty-five days notice of the  company's obligations and rights in that process, informs the company of  the amount of the renewal contract, and facilitates the timely execution  of the contract and disbursement of funds.    8. The division may temporarily withhold payments and may elect not to  renew or extend a contract or  enter  a  succeeding  contract  with  any  neighborhood  preservation  company  if the company is not in compliance  with its contract, has without good cause failed to submit documentation  required under its contract or requested by the  division  to  make  the  determinations  required  under  subdivision five of this section or has  not satisfied any other conditions  consistent  with  this  article  for  renewing or extending a contract or entering a succeeding contract.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pvh > Article-16 > 903

§  903.  Contracts  with  neighborhood  preservation companies. 1. The  commissioner may enter into  contracts  with  neighborhood  preservation  companies  for  the performance of neighborhood preservation activities.  Such contracts shall be entered into, however,  only  after  appropriate  findings  by  the  commissioner  and shall be subject to the limitations  hereinafter set forth.    2. Prior to entering into a contract with a neighborhood  preservation  company,   the   commissioner   shall  have  made  a  finding  that  the  neighborhood in which  the  activities  are  proposed  to  be  conducted  contains  a  significant  amount of deteriorating or substandard housing  which is not being adequately repaired, renovated, upgraded,  modernized  or  rehabilitated under existing programs so as to provide sound housing  at costs which the residents of such neighborhoods can afford; that  the  neighborhood  preservation  company  which proposes to contract with the  commissioner is a bona  fide  organization  which  shall  have  been  in  existence  either  as  a  corporation or as an unincorporated, organized  group and performing significant  neighborhood  preservation  activities  for  at least one full year prior to entering into any contract with the  commissioner and which shall have demonstrated by its immediate past and  current  activities  that  it  has  the  ability  to  preserve,  repair,  maintain,    renovate,   rehabilitate,   manage   or   operate   housing  accommodations  or  to  engage  in   other   neighborhood   preservation  activities  in  such  neighborhood;  that  the neighborhood preservation  activities which are to be performed pursuant to the  proposed  contract  are  needed  by the neighborhood; and that the neighborhood preservation  company possesses or will acquire or gain access to the requisite staff,  office facilities within such neighborhood, equipment and  expertise  to  enable  it  to  perform  the  activities  which it proposes to undertake  pursuant to such contract; provided, however, that it shall not be a bar  to the  commissioner's  contracting  with  a  neighborhood  preservation  company  that  one  or  more organizations, whether pursuant to contract  with the commissioner or not, are conducting  neighborhood  preservation  activities wholly or partially within the same neighborhood.    3.  In  determining  to  enter  into  a  contract  with a neighborhood  preservation company pursuant to this article,  the  commissioner  shall  investigate, to the extent which he shall deem necessary or appropriate,  and determine;    (a)  that the geographic boundaries proposed by the applicant for such  a contract define a  recognized  or  established  neighborhood  or  area  within the municipality;    (b)  that  the  demographic and other relevant data pertaining to such  neighborhood indicate  that  the  neighborhood  has  sustained  physical  deterioration,  decay,  neglect  or  disinvestment,  that  a substantial  proportion  of  the  residential  population   that   the   neighborhood  preservation company proposes to assist through its activities is of low  income  and  that such neighborhood is in need of active intervention to  effect its preservation, stabilization or improvement;    (c) that the activities proposed to be conducted by  the  neighborhood  preservation company are reasonably calculated to have a positive effect  on the preservation, stabilization or improvement of the neighborhood;    (d)  that  the neighborhood preservation company's officers, directors  and members  are  fairly  representative  of  the  residents  and  other  legitimate  interests of the neighborhood, that they will carry out such  a contract in a responsible manner and that a majority of the  directors  of   the   neighborhood   preservation  company  are  residents  of  the  neighborhood;(f) that  the  fees  received  or  proposed  to  be  received  by  the  neighborhood   preservation  company  from  the  management  of  housing  accommodations are fair and reasonable;    (g)  that  the plan submitted by the neighborhood preservation company  demonstrates that such  company  will,  to  the  extent  possible,  give  priority  when hiring new employees to residents of the neighborhood who  are either unemployed or not fully employed;    (h)  that  the  neighborhood  preservation  company  has  a  plan   to  facilitate,  to  the  maximum  extent  feasible,  the disposition of any  buildings containing housing accommodations  owned  by  the  company  to  individual  occupants  thereof  or  to  cooperative groups whose members  shall be occupants thereof; and    (i) that the  interests  of  occupants  of  any  buildings  containing  housing  accommodations  owned  by the neighborhood preservation company  are adequately represented.    4. Contracts entered into  hereunder  with  neighborhood  preservation  companies  shall  be limited in duration to periods of one year, but may  thereafter be renewed, extended or succeeded by new contracts from  year  to  year in the discretion of the commissioner; they shall be limited in  amount to the sum of one hundred thousand  dollars  in  a  single  year,  provided  that  in  any year in which the aggregate sum of three hundred  thousand dollars shall have been reached and all succeeding  years,  the  annual  contract  amount  shall  be  subject  to a limit of ninety-seven  thousand  five  hundred  dollars  per  year;  they  shall  define   with  particularity  the  neighborhood  or  portion  thereof  within which the  neighborhood preservation activities  shall  be  performed;  they  shall  specify  the  nature  of  the neighborhood preservation activities which  shall be  performed  including  the  approximate  number  of  buildings,  residential  dwelling  units and local retail and service establishments  which shall be affected; they shall locate and describe,  with  as  much  particularity  as  is reasonably possible, the buildings with respect to  which such activities shall be performed during the contract  term;  and  they  shall  specify  the  number  of  persons,  salaries  or  rates  of  compensation and a description of duties of those who shall  be  engaged  by  the  neighborhood  preservation  company  to  perform the activities  embraced by the contract together with a schedule of  other  anticipated  expenses.    5.  Prior to renewing or extending a contract or entering a succeeding  contract with a neighborhood preservation  company  the  division  shall  determine that:    (a)  the  company  shall have substantially completed the neighborhood  preservation  activities  specified  in  the  contract  to  be  renewed,  extended, or succeeded;    (b)  the  company  shall  have  received the sums, services, and funds  specified in subdivision four of  section  nine  hundred  four  of  this  article; and    (c) the activities carried out by the company pursuant to its contract  shall  have  had  a  significant  impact  on  the  community's  needs as  specified in the contract.    6. Prior to terminating, not renewing or not extending a contract  the  division shall:    (a)  determine  that  the  company  is  in  violation of the terms and  conditions of the contract  or  that  funds  provided  pursuant  to  the  contract are being expended in a manner not consistent with the terms of  the contract or the provisions of this article; or    (b)  determine that necessary and appropriate technical assistance has  been provided without significant improvement in the activities  of  the  company; and(c)  provide the company with written notice, at least forty-five days  in advance, of its intent to terminate, not  renew  or  not  extend  the  contract  and  provide  the company with an opportunity to appear and be  heard before the division with respect to the reasons for such  proposed  termination,  non-renewal  or  non-extension.  At  the  same time that a  company is notified of the division's intent to terminate, not renew  or  not  extend  the contract, the division shall likewise inform the senate  and  assembly  members  who  represent  areas  within   such   company's  geographic boundaries.    7. The division shall establish, for renewal of contracts, a procedure  which  provides  the company with at least forty-five days notice of the  company's obligations and rights in that process, informs the company of  the amount of the renewal contract, and facilitates the timely execution  of the contract and disbursement of funds.    8. The division may temporarily withhold payments and may elect not to  renew or extend a contract or  enter  a  succeeding  contract  with  any  neighborhood  preservation  company  if the company is not in compliance  with its contract, has without good cause failed to submit documentation  required under its contract or requested by the  division  to  make  the  determinations  required  under  subdivision five of this section or has  not satisfied any other conditions  consistent  with  this  article  for  renewing or extending a contract or entering a succeeding contract.

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