N.Y. Private Housing Finance Law § 1004 – Payments pursuant to contracts

1. Each contract entered into pursuant to this article shall provide for payment to the corporation for the housing preservation and community renewal activities to be performed by it.
2. Payments pursuant to this section shall be restricted to sums required for the compensation of persons employed by, and consultants retained by, the corporation for the performance of the activities covered by the contract and other costs and expenses directly related to such employees and consultants.
3. No part of any such payment shall be used to defray in whole or in part the cost of acquisition, improvement, rehabilitation, operation or demolition of any building or other structure, but this provision shall not prohibit the use of such funds for planning any such activity or for the expenses of providing office and related facilities for the corporation for use in carrying out its activities pursuant to the contract. Payments shall be made by the division to the corporation at such periods, not less frequently than semi-annually, as shall be provided in the contract. Such payments shall be made at or prior to the commencement of each such time period, to compensate the corporation for the activities which are to be carried out during such time period provided, that with respect to contracts entered into on or after June thirtieth, nineteen hundred ninety-seven the first such payment shall be made by the division beginning on or after July first of the fiscal year for which an appropriation in support of such payment was made and provided further that the final such payment to the corporation shall be made no later than March thirty-first of such fiscal year, unless such payment has been withheld pursuant to subdivision eight of section one thousand three of this article.
4. In negotiating each contract, the division shall consider and take into account any and all other sums available or anticipated to be made available to the corporation from any and all sources which may be used to defray the costs of the housing preservation and community renewal activities set forth in the contract, including, without limitation, fees generated by the management of housing accommodations, contributions from private foundations, corporations, firms and individuals and funds received under grants and contracts pursuant to any program or programs operated or administered by any governmental agency or instrumentality and shall make a determination that the sums available or anticipated to be made available for the corporation from such other sources, together with the value of services to be rendered for the benefit of the corporation for which payment is not required to be made by such corporation, amount to at least thirty-three and one-third percent of the amount of such contract.
5. When disbursing funds for contracts with not-for-profit corporations, pursuant to section one thousand three of this article, the division shall use the following criteria, formulas and tables to determine the distribution of funds:
1. (a)
  1. (i) The total unmerged corporation funding shall equal the current number of unmerged corporation contracts multiplied by the per group award.
  2. (ii) The unmerged corporation funding shall equal the per group award.
  3. (iii) The merged corporation funding shall equal the funding modification multiplied by the per group award.
2. (b) Merged corporation funding shall be determined on an individual basis for each not-for-profit corporation. The following tables show the funding modification to be used:
  1. (i) In the case of two not-for-profit corporations merging, the following table shall be used: Years since Funding merger modification 1 200% 2 190% 3 180% 4 170% 5 160% 6 150%
  2. (ii) In the case of three not-for-profit corporations merging, the following table shall be used: Years since Funding merger modification 1 300% 2 290% 3 280% 4 270% 5 260% 6 250% 7 240% 8 230% 9 220% 10 210% 11 200%
  3. (iii) In the case of four or more not-for-profit corporations merging, the following table shall be used: Years since Funding merger modification 1 400% 2 390% 3 380% 4 370% 5 360% 6 350% 7 340% 8 330% 9 320% 10 310% 11 300% 12 290% 13 280% 14 270% 15 260% 16 250%
3. (c) If a not-for-profit corporation that has undergone a merger continues to renew their contract beyond the timeframes listed in the above tables, it shall have its funding determined using the last funding modification listed.
4. (d) The merged corporation savings shall be determined on an individual basis for each merged corporation. It shall be calculated by subtracting the amount of such corporation's merged corporation funding from the amount the merged corporations would have received if they had maintained separate contracts.
5. (e) The per group award shall equal the total funding available minus the amount for the contract with the rural preservation coalition which shall equal the total unmerged company funding plus the sum of the merged company funding.