New York City Publishes Sandy Action Plan

The City of New York published its Action Plan to allocate $1.77 billion in Hurricane Sandy authorized Community Development Block Grants to the City’s most urgent housing, business and infrastructure needs. Under the proposed Action Plan $720 million will be allocated to Housing with $350 million going to rehabilitating single-family houses, $250 million to multi-family houses and $120 million to public housing. $325 million is allocated to assist businesses. $100 million will be available in grants to businesses. Small and mid-sized businesses will be eligible for $100,000 grants and larger businesses in hard-hit areas will be eligible for $1 million grants. In addition $145 million will be disbursed through competitions rewarding innovative investment ideas for neighborhood growth and infrastructure improvements. Under the Action Plan $400 million is allocated to Infrastructure and City Services including public services, emergency demolition, debris removal, code enforcement, and reconstruction of public facilities. Finally the Action Plan references $327 for Resiliency Investments which program will be detailed in a future amendment to the Action Plan.

New York State Publishes Sandy Action Plan

The State of New York has published its action plan in connection with the first $1.7 billion in Federal CDBG-DR aid appropriated by the United States Congress, and allocated to New York State, for Sandy disaster relief. Using this first allocation, the State will focus principally on meeting the immediate needs for housing and business assistance in the communities affected by recent storms; assisting county and local governments to cover both their emergency expenses and the matching fund requirements that must be met to repair and mitigate key infrastructure projects; and, by leveraging private financing, assisting critical facilities that suffered damage to install energy-related mitigation (e.g., combined heat and power systems) to withstand future natural disasters. Continue reading “New York State Publishes Sandy Action Plan”

Notice of Initial Allocation of Sandy Disaster Relief Grants

The Federal Register recently provided notice on the initial $5.4B of HUD CDBG Disaster Recovery Funds allocated to NYC, NY, NJ, MD, CT and RI. These grants were made by HUD based on unmet housing and economic revitalization needs, but not for infrastructure restoration needs because FEMA damage estimates have not been completed. The Notice specifies the eligible counties in each state, the most impacted counties in each state, and the minimum percentage of the grants which must be used in the most impacted counties. The Notice requires each grantee to provide to HUD an initial action plan for disaster recovery within 90 days, and this action plan must describe how the grant will be expended within 2 years. All action plans must be published for a 7 day public comment period. Highlights of the requirements of an action plan include leveraging of CDBG monies with other government funds; green building standards; sustainable rebuilding; economic revitalization which that restores or improves local or regional economies; and 50% of each grant must benefit low and moderate income persons. Standard CDBG procurement regulations apply, althought there is no limit on grant amount per job created. The action plans of the grantees should be available soon for review and comment.

Superstorm Hurricane Sandy’s Impact Upon Business & Retailers – Bankruptcy and Alternatives

In the wake of Hurricane Sandy many businesses have been negatively impacted financially throughout  regions from  Connecticut, New York, New Jersey, Pennsylvania and Delaware.  Hardest hit are businesses located not only along the New Jersey, Staten Island and  Long Island  NY  coasts but in areas  that  have never experienced such a devastating disaster.  Areas  such as  Hoboken NJ, lower Manhattan and the NYC East Side.  Even  businesses  located  in  inland  communities.

Continue reading “Superstorm Hurricane Sandy’s Impact Upon Business & Retailers – Bankruptcy and Alternatives”

Sandy CDBG Grant Recipients Must Comply With HUD Procurement Requirements

As New York, New Jersey and the City of New York begin to administer HUD CDBG monies for Super Storm Sandy recovery efforts, recipients of CDBG grants must comply with the HUD CDBG procurement requirements. When a grantee elects to hire a contractor, whether to administer a program, complete a task or do construction, those contractors must be procured competitively. Both grantees and sub recipients must follow federal procurement rules when purchasing services, supplies, materials, or equipment. Small purchase procedures allow recipients to acquire goods and services totaling no more than $100,000 without publishing a formal request for proposals or invitation for bids. The small purchases method can also be used to acquire eligible types of services, such as professional consulting, environmental review, or planning. However, if the services contract will exceed $100,000 in value, the grantee must issue a RFP under the competitive proposals requirements. The use of CDBG grants will also trigger compliance with the Davis-Bacon Act. In addition to federal regulations, most states and many local governments have laws and regulations regarding procurement.

New Jersey Receives $1.8 Billion of Sandy Recovery Monies

New Jersey has received $1.82 billion allocation of Federal Sandy aid from the U.S. Department for Housing and Urban Development. This initial allocation of Federal Sandy assistance will be distributed as Community Development Block Grants. The grants will be administered by the New Jersey Economic Development Authority in conjunction with the Department of Community Affairs. Governor Christie is required to provide a proposal to HUD for the use of the aid which will explain how New Jersey agencies will meet HUD’s guidelines for allocating federal funds. The $1.82 billion represents New Jersey’s first share of a total $16 billion in anticipated block grants that will be shared among storm-hit areas of New Jersey, New York City and New York State and Connecticut.

CDFI Fund Issues Interim Rules for Bond Guaranty Program

The CDFI Fund recently published Interim Rules in the implementation of the CDFI Bond Guarantee Program authorized under the Small Business Jobs Act of 2010. Under the CDFI Fund Bond Guaranty Program, the CDFI Fund may issue federally guaranteed bonds to eligible Community Development Financial Institutions (CDFIs). These CDFIs will use the bond proceeds to make loans for community development in economically underserved areas. The CDFI Fund plans to issue its first bond guarantee this year. Under the Bond Guaranty Program, the CDFI Fund is authorized to issue up to 10 bonds per year, each at a minimum of $100 million, with a total of up to $1 billion in bonds guaranteed per year. The goal of the CDFI Bond Guarantee Program is to provide low cost capitals to CDFIs which will be used to provide financing to economically underserved areas.

New York City Focuses Hurricane Sandy Funds on Resiliency Efforts

Mayor Bloomberg of New York City has announced that the City plans to spend its initial allocation from HUD of $1.77 billion from the Hurricane Sandy Recovery Act in Community Development Block Grants for housing recovery, business recovery, and infrastructure resiliency. The housing recovery initiatives include rehabilitation grants for housing and grants for resiliency efforts for public housing. The City of New York will provide grants to businesses for resiliency measures including grants for innovations in resiliency technology. The infrastructure grants will be for resiliency innovations for neighborhoods and utilities. The City of New York is working with HUD for an additional $600 million for Hurricane Sandy recovery efforts.

Senate Passes Hurricane Sandy Bill

Yesterday the Senate voted 62-36 to approve the House version of the Hurricane Sandy Bill. The $51 billion aid package for Hurricane Sandy victims is expected to be signed into law by President Barack Obama. The Act will provide $16 billion for Housing and Urban Development Department community development block grants. Of the $16 billion, approximately $12 billion will be shared among Hurricane Sandy victims as well as those from other federally declared disasters in 2011-2013. The remaining $4 billion is solely for Hurricane Sandy-related projects. The Act will also provide $11 billion to the Federal Emergency Management Agency’s disaster relief aid fund for providing shelter, restoring power and other storm-interrupted utility services and meeting other immediate needs arising from Super Storm Sandy and other disasters. The Act will also provide $10 billion to repair the New York and New Jersey transit systems as well as make the systems more resistant to future storms.

Senate Proposes Hurricane Sandy and National Relief Act of 2012

The Senate introduced a summary of the proposed Hurricane Sandy and National Relief Act of 2012. The major provisions of the Act include special allocations of Federal New Markets Tax Credit authority, Federal Low-Income Housing tax credit allocation; and Recovery Zone Bond authority. The proposed Act provides for an allocation of Federal New Markets Tax Credit authority of $500 million a year for three years to be used in federally declared major disaster areas. For the years 2013, 2014, and 2015, the Act permits States affected by Hurricane Sandy to allocate additional amounts of Federal Low-Income Housing tax credits for use in the disaster area of up to $8.00 multiplied by the State’s disaster area population. The Act will also permit affected States to issue tax-exempt Sandy bonds to finance qualified activities including residential rental projects, nonresidential real property and public utility property located in the disaster area.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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