1. (1) These rules and regulations are being promulgated by the New York State Housing Finance Agency (the agency) to implement article 21 of the Private Housing Finance Law, (the act), pursuant to section 1133(1) of the act.
2. (2) The purpose of the Infrastructure Development Demonstration Program is to provide infrastructure development grants to eligible applicants in conjunction with existing Federal, State and local housing programs to enable, aid and facilitate the development of affordable housing. By reducing the cost of infrastructure and site improvements, such housing can be built or rehabilitated at a lower cost than would otherwise be feasible, thereby alleviating the serious shortage of affordable housing that exists in New York State.

3. (3) The agency may grant a waiver with respect to any requirement of these regulations upon a showing by an applicant, grantee or other interested party that to do so would further the aims of the program as set forth in the act.

   (b) Definitions.

   As used in this Part:

4. (1) Act shall mean article 21 of the Private Housing Finance Law (section 1130, et seq.).
5. (2) Affordable housing shall mean a residential housing unit, rental or ownership, that is affordable to persons or families who would not be able to own or rent such housing if produced solely through the unaided efforts of private enterprise.
6. (3) Affordable housing project shall mean residential housing rehabilitated or constructed in conjunction with a Federal, State or local program that provides funds which in turn will provide affordable housing.
7. (4) Agency shall mean the New York State Housing Finance Agency.
8. (5) Eligible applicant shall mean a public benefit corporation, a not-for-profit corporation or charitable organization whose purpose includes the construction or rehabilitation of affordable housing, or a municipality, which shall have submitted a completed application for funds to the agency in the required form.
9. (6) Eligible costs shall mean the costs of making infrastructure improvements, including but not limited to necessary and directly related expenses of legal, architectural, inspection and engineering services. Eligible costs do not include administrative costs of the grantee.
10. (7) Funds when used in connection with funds made available pursuant to the IDDP shall mean the funds for program grants. When used in conjunction with an affordable housing program to which an application has been made, funds shall mean loans, grants or land donation.
11. (8) Grantee shall mean an eligible applicant which has been awarded a grant with which to implement the Infrastructure Development Demonstration Program.
12. (9) Infrastructure improvements shall mean the installation or upgrading of water and sewer lines to a public connection, the installation or upgrading of private wells and sanitary systems, storm sewers and the installation of gas and electric lines as approved by the agency, other site improvements or site preparation necessary for the creation of affordable housing and where required by local zoning ordinances, road and sidewalk construction.
13. (10) Municipality shall mean a county, city, town or village, except that where a city consists of more than one county, then the term municipality shall refer to such city.
14. (11) Program or IDDP shall mean the Infrastructure Development Demonstration Program authorized by the act.

15. (12) Regulatory agreement shall mean an agreement which:

    1. (i) supplements a grant agreement;
    2. (ii) governs the activities of a grantee with respect to certain matters such as rentals, annual income levels, franchises and family size; and
    3. (iii) is to be recorded in the same manner as a deed.
16. (13) SEQRA shall mean the State Environmental Quality Review Act in article 8 of the Environmental Protection Law.
17. (14) SHPA shall mean the State Historic Preservation Act.

(a) Overview and applicability.