§ 28-04 Conditional Designation of Community Groups.
RCNY § 28-04
(a)Rejection letters. The agency shall notify all unsuccessful applicants in writing. Such letter shall state the reasons for the rejection of such applicant's proposal or other submission.
(b)Conditional designation. The agency shall notify all successful applicants of their conditional designation as community groups. Such notification may be, but shall not be required to be, in writing and may be in any form which the agency deems to be appropriate, including, but not limited to, a conditional designation letter. Such letter, if any, shall be signed by the commissioner and shall constitute the selection and conditional designation of the applicant, subject to satisfaction of all conditions stated in the letter or in these rules or imposed by the agency or by applicable law. The letter may include, but shall not be limited to, the following matters: (1) Acceptance deadline. The letter may require the applicant to unconditionally accept the designation within a time period for acceptance established therein.
(2)Program requirements. The letter may set forth program requirements and conditions upon which the designation was made and may state that any non-conformance or change in any of such requirements may be deemed by the agency to constitute a default.
(3)Schedule. The letter may contain a schedule of activities which must be completed as pre-conditions for the actions to be taken in connection with the disbursement of syndication funds.
(c)No liability. Conditional designation shall mean only that the agency intends to negotiate with the community group concerning a project and EDA until such conditional designation is terminated, a requirement of the agency or the city is not satisfied, or an EDA is executed. Conditional designation is not a contract or agreement and shall not create any rights on the community group's part, including, without limitation, rights of enforcement, equity, or reimbursement. No such contract or agreement shall exist, and no such rights shall be created, until the city and the community group enter into a written EDA approved as to form by the law department and duly executed by both parties.
(d)Termination of conditional designation.
(1)Causes for termination. After conditional designation of a community group, the agency may terminate such conditional designation at any time if the agency determines that the city should not enter into an EDA with the community group for any reason, including, but not limited to, the following: (i) Failure to comply with terms of designation. The community group has failed to comply with any term or condition of the conditional designation letter.
(ii)Failure to meet city requirements. The community group has either (A) failed to clear one or more of the required city reviews, including, but not limited to, IG clearance and EO clearance, or (B) failed to satisfy other requirements established by the agency or the city.
(iii)Lack of resources. The community group lacks the necessary expertise, administrative or other resources, or legal capacity to perform the project.
(iv)Lack of funding. Adequate funding for the entire project, whether from syndication funds, other city funds, or any other public or private source, is not available or is not provided in a timely manner.
(v)Best interests of city. The agency or the city has not approved the required actions for any reason determined by the agency or the city to be in the best interests of the city.
