§ 28-08 Miscellaneous Provisions.
RCNY § 28-08
(a)Adverse findings. Notwithstanding any provision to the contrary in these rules or in any document concerning any selection process, any project, or the program, the agency may reject any applicant or terminate any conditional designation of a community group if the agency determines at any time that good and sufficient reasons exist why the city should not do business with such party or should not allow such party to act as community group for the particular project in question. Such reasons shall include, but shall not be limited to, evidence with respect to the applicant or any member of its development team or any contractor retained by such applicant or any of its principals of: (1) Arson conviction or pending cases, (2) Harassment conviction or pending cases, (3) Arrears or default upon any debt, lease, contract, tax, lien, fee, charge, or obligation to the city, (4) City mortgage or tax foreclosure proceedings or arrears, (5) Unsuccessful record with comparable projects, including, but not limited to, poor workmanship, failure to complete a project expeditiously, building violations or litigation history against other properties, or unsuccessful record of managing residential real property, (6) Inability, due to lack of organizational capacity, competing demands from other projects, or any other factor to perform all work required to successfully complete the project, (7) Bankruptcy or insolvency, (8) Violation of the conflict of interest provisions of the Charter or any other applicable laws, or (9) Failure to obtain IG clearance and/or EO clearance.
(b)Agency discretion. All determinations to be made by the agency and/or the commissioner in accordance with these rules shall be in the sole discretion of the agency and/or the commissioner; provided, however, that the agency and/or the commissioner shall comply in all respects with applicable laws.
(c)Statutory authority not limited. Nothing in these rules shall be deemed to prevent the agency from exercising such greater or additional rights, remedies, privileges, powers, and authority as shall be provided by law.
(d)Rights not conferred. These rules are not intended to confer rights or benefits upon the general public or upon any individual, entity, or actual or potential community group. Nothing in these rules shall be deemed to confer any rights or benefits whatsoever upon any party which are in addition to any rights deriving from applicable laws or written contracts with the agency.
(e)No legal obligation. At any time prior to the execution of a legally binding written EDA by the agency and the community group, the agency may withdraw its approval of all or any portion of a project, change the contemplated actions and project, change the community group selection process for a project, terminate the designation of a community group, select a new community group, or take any other action deemed by the agency to be necessary or appropriate. A selection process shall not represent any obligation or agreement whatsoever on the part of the city or the agency, which may only be incurred or entered into by written EDA approved as to form by the law department and duly executed by both parties. The city and the agency shall not be obligated to pay, nor shall they in fact pay, any costs or losses incurred by any applicant at any time, including, but not limited to, the cost of applying for selection as a community group. Conditional designation of a community group shall mean only that the agency intends to negotiate with such community group concerning one or more potential projects until either an EDA is executed or such conditional designation is terminated. Conditional designation of an applicant is not a contract or agreement and shall not create any rights on the applicant'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 an EDA approved as to form by the law department and duly executed by both parties. Approval of a project and/or EDA by any party pursuant to these rules shall not obligate the agency to proceed with the project or with the execution of such EDA.
(f)Technical violations. Technical violations of these rules shall not invalidate the selection of any community group, any EDA, or any other action taken pursuant to these rules, nor shall such technical violations give rise to any rights, claims, or causes of action in favor of members of the general public or potential community groups.
(g)Compliance with laws. All actions by the agency pursuant to these rules shall be made in accordance with applicable laws. Each community group selected and project undertaken pursuant to these rules shall meet the eligibility criteria of the laws which authorize the agency to undertake the actions necessary or incident to the performance of such project.
(h)Amendments. These rules may be amended pursuant only to the procedures and requirements contained in CAPA.
(i)Waivers. The commissioner may at any time waive in writing one or more of the provisions of these rules with respect to any community group or project. Such writing shall state the reasons for such waiver.
(j)Singular and plural. With respect to any of the terms used in these rules, the singular shall be deemed to include the plural and the plural shall be deemed to include the singular, unless the context requires otherwise.
