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What is NYC RCNY § 1-06?

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Applicants who receive approval after review of the preliminary site submission may obtain application forms from the Department of Housing Preservation and Development, Office of Rehabilitation Financing, 100 Gold Street, New York, N.Y. 10033.

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§ 1-06 Application Submission.

RCNY § 1-06

Applicants who receive approval after review of the preliminary site submission may obtain application forms from the Department of Housing Preservation and Development, Office of Rehabilitation Financing, 100 Gold Street, New York, N.Y. 10033. Application forms may also be obtained from the Department of Housing Preservation and Development, Office of Special Improvements, 2 Lafayette Street, New York, N.Y. 10007, when a loan is sought for less than $4,200 per unit. Submission must include the following: (a) An original and four (4) copies of the application (typewritten or legibly printed) shall be submitted. If the applicant is a corporation, the corporate seal must be affixed to the application. The application shall set forth the name, address and telephone number of the owner of record of the property, the holders of existing liens and of the proposed architect, contractor and attorney.

(b)Three (3) copies of preliminary plans shall be submitted. Such plans are to show existing and proposed room or apartment layouts of all the floors; also a plot plan showing the land and building with dimensions and an apartment distribution schedule. Preliminary drawings must be prepared by a registered architect or professional engineer. (Information on rehabilitation design standards promulgated by the Agency may be obtained from the Agency). Where because of the nature of the rehabilitation, plans are not required by the Department of Buildings, this requirement for three copies of preliminary plans may be waived in the discretion of the Deputy Commissioner.

(c)For all types of rehabilitation work, the applicant must file an original and three (3) copies of an outline specification and cost estimate for all work to be performed, giving a description of the work and an estimate of the cost and trade cost breakdown of each item. Quality of workmanship and materials shall conform to the rehabilitation design standards promulgated by the Agency.

(d)A copy of the document through which the applicant claims title or option.

(e)Where applicant is a corporation, a copy of the following additional documents will be required: New York State Certificate of Incorporation or authorization to do business in the state with proof of payment of current franchise taxes and New York City General Corporation Tax.

(f)Where applicant is a partnership, copies of its partnership agreement and certificate, a list of all its partners and the information specified in subdivision (g) of this section with regard to each.

(g)A list of the assets of the applicant with particular reference to any real estate holdings within the City of New York and where applicant is a corporation, a list of such assets of all officers, directors and of all stockholders having more than ten percent interest; and a statement of the direct or indirect interest of any such parties in other government programs providing loans or other public assistance.

(h)Applicant must file on the form provided by the Agency a sworn Certificate of Interest disclosing the identity of all parties involved or to be involved in the purchase, ownership and rehabilitation of the premises in question, and where applicable, the details of the transaction by which one or more of the parties acquired title and full particulars regarding all mortgages and other liens on the premises and all payments made or to be made in connection therewith. If any portion of the loan is to be used to satisfy a mortgage, the applicant will be required to certify as to the origin of each mortgage; if a purchase money mortgage to state the total purchase price of the property, the amount secured by the mortgage and the balance due thereon; if not a purchase money mortgage, to state the actual cash advanced to the mortgagor and the balance due thereon; to state the amount to be paid to the mortgage holder at the date of loan closing to satisfy the mortgage; to certify that payment made to the holder of the mortgage is and will be a bona fide arms length transaction, and disclose whether there is any relationship by family ties or otherwise among any of the parties, their officers or principals; and finally, to certify that the mortgagee of the satisfied mortgage neither has nor will have any financial relationship to the rehabilitation project. Applicant is also required to disclose promptly during the processing of the application, by an amended certificate, any changes which occur during such processing and to verify the continued accuracy of the certificate at the loan closing.

(i)Applicant must file a detailed plan for the management of the building during the period of alteration, improvement or rehabilitation when tenants remain in occupancy and after such work is completed. The plan should detail his experience in management of residential property, plans for tenant involvement in the upkeep and maintenance of the building and for community group involvement, if any.

(j)A filing fee shall be paid as provided in 28 RCNY § 1-09.

(k)Investigatory reports required by the Agency shall be charged to the applicant.

(l)Such additional information in such form as the Agency may require. Upon receipt of such application, the Agency will determine whether the loan shall be made based on a recommendation by a Municipal Loan Committee, consisting of the Commissioner of Development, the Deputy Commissioner of the Office of Rehabilitation Financing, the Assistant Administrator for Programs and Policies, the Comptroller, and the General Counsel; and in the case of loans processed by the Office of Special Improvements consisting also of the Office of Rent and Housing Maintenance and the Deputy Commissioner of such Office.

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