New York State Consolidated Plan Federal Fiscal Years 2006 - 2010 and the Annual Action Plan for Program Year 2006
As approved by the U.S. Department of Housing and Urban Development December 29, 2005
[ Monitoring | HUD Required Tables | Appendices ]
Appendices
Appendix I
Citizen Participation Plan
and
Public Hearing Notices
New York State
CITIZEN PARTICIPATION PLAN
For the development of the
Consolidated Plan
and the
Annual Action Plan
George E. Pataki, Governor
Judith A. Calogero, Commissioner
Division of Housing and Community Renewal and
Chairperson, NAHA Task Force
to comment or request additional
information contact:
Policy Office
NYS DHCR
38-40 State St.
Albany, NY 12207
1-866-ASK DHCR
DHCRConPln@nyshcr.org
NEW YORK STATE's CITIZEN PARTICIPATION PLAN
In the development of its Consolidated Plan (ConPlan) and amendment(s) thereto, New York State follows its approved Citizen Participation Plan (CPP). New York State's CPP fulfills the general and specific requirements described in Section 91.115 of 24 CFR 91 of the federal rules and regulations for the Consolidated Submissions for Community Planning and Development Programs (the Rules), including citizen participation requirements for units of local government receiving Community Development Block Grants (CDBG), as described at 24 CFR 570.486.
New York's adopted CPP uses existing, on-going citizen participation organizations, and pursues new relationships and organizational structures among various agencies and interested citizens and groups, to implement a participation process that meets and exceeds the requirements of the federal regulations. The CPP has been and will be amended when the State has access to technology that improves the avenues of participation.
This CPP reflects extensive public outreach opportunities, including those afforded by the Housing Trust Fund Corporation (HTFC) and numerous state, county, municipal and private sector entities, that are active or involved in the broad spectrum of housing and non-housing community revitalization activities in the State.
New York State receives advice and comments from its New York State Task Force on the National Affordable Housing Act (NAHA), Partnership Advisory Committee (PAC), regional planning associations, local governments, citizens, non-profit organizations and other interested parties with insights into the housing and community development needs of New York State, to maximize the benefits of collective problem-solving, to coordinate activities, and to increase commitment. Over time, the CPP has expanded NAHA Task Force and PAC membership to further encourage State agency participation and increase input from statewide/regional not-for-profits, local governments, regional planning associations and a variety of economic development and private business associations. Membership in the Task Force or the PAC may change without public notice or comment. Entities seeking membership should contact DHCR.
Applicability of the Citizen Participation Plan
New York's CPP provides citizens and units of general local government with the opportunity to comment on the Consolidated Plan and on substantial amendments. In compliance with Section 91.115 of the Rules, the CPP encourages the participation of low- and moderate-income persons, particularly those living in slum and blighted areas and in areas where CDBG funds are proposed to be used and by residents of predominantly low- and moderate-income neighborhoods, as defined by the State, as well as minority citizens, non-English speaking persons and persons with disabilities. The State has made the CPP part of the Consolidated Plan with wide distribution in draft and final form.
Citizen Participation Outreach
In the development of its 2001 - 2005 Consolidated Plan, New York State implemented an intense outreach program to encourage the participation of citizens, statewide and regional community revitalization organizations and State agencies. Implementation of this program ensures that New York State citizens have ample opportunity to participate in the consolidated planning process. New York State's comprehensive outreach process is a multifaceted program that encourages participation by low- and moderate-income persons, minorities, non-English speaking residents, and persons with disabilities. The CPP process consists of several steps.
To achieve broad participation focused on New York State's housing and rural and small cities= non-housing needs as they relate to people of low- and moderate-income, New York State receives guidance and input on the Consolidated Plan from the NAHA Task Force and the PAC, representing State agencies and statewide/regional organizations, respectively. In addition, the Division of Housing and Community Renewal (DHCR), the Office of Temporary and Disability Assistance (OTDA) and HTFC interact with local governments, community development interests, housing and service providers and economic development interests in many arenas beyond the development and implementation of the consolidated planning process. To the extent possible, these interests are included in the development and implementation process by being kept informed, invited to participate at public hearings and asked to review the Consolidated Plan.
To further meet the local consultation requirements and receive important input on the State's non-housing needs, HTFC and DHCR schedule meetings with local government representatives of the State's non-entitlement communities and a broad range of economic development organizations, not-for-profits, industrial development agencies, local development corporations, and chambers of commerce. In addition, New York State community revitalization officials participate in appropriate conferences and meetings to encourage participation from low- and moderate-income persons from non-entitlement areas.
The Internet is used to disseminate information, making the consolidated planning process easily accessible to local governments, organizations and residents. In addition, public notices are printed in newspapers throughout the State (especially in rural areas and non-entitlement cities) including minority newspapers announcing the dates, times and locations of public hearings. Notices are published in Spanish, as necessary and appropriate.
Finally, as required by 24 CFR 570.486, the CPP includes citizen participation requirements for local governments receiving CDBG funding that will ensure that citizens are provided with reasonable advance notice of, and opportunity to comment on, proposed Small Cities CDBG applications to the State.
Consultation Process
The New York State Task Force on the National Affordable Housing Act is a committee of Commissioners and staff liaisons of various State agencies. Member agencies are listed in Addendum I.
The senior officials of these agencies provide crucial information concerning their agencies= responsibilities and activities in helping to develop all portions of Consolidated Plan documents and Amendments, including the State's housing and non-housing community development needs. These State agencies are asked to encourage all of their clients, providers and non-profit organizations to participate in the consolidated planning process. These agencies, through their extensive network of clients, are urged to seek direct input into the Consolidated Plan. Furthermore, the agencies are asked to disseminate the schedule of Consolidated Plan meetings and public hearing dates. Many of the populations served by these agencies are low- and moderate- income persons.
Input from the NAHA Task Force is provided through a series of meetings and written correspondence. Task Force members submit information to be included in the Consolidated Plan. Members= input is based on their vast amount of work with such groups as low- and moderate-income persons, persons with disabilities, persons with HIV/AIDS and minority groups, as well as industrial development, small business and economic development interests that are essential to the economic vitality of the State.
The Task Force reviews the draft Consolidated Plan document for appropriate revisions. Once the draft is released for the thirty-day public comment period, the Task Force members are again asked to encourage persons and organizations they serve to comment on the Plan.
The PAC provides additional important input to the Consolidated Plan. The PAC consists primarily of representatives of statewide and regional organizations including not-for-profit, local government and private business associations. The PAC also includes additional community revitalization representatives such as the New York State Economic Development Council and the New York State Urban Council, Inc., which together provide a comprehensive view of the State's community revitalization needs. The broad-based membership of each organization in the PAC represents a wide range of communities, including the homeless, minorities, low- and moderate-income persons and persons with disabilities, as well as those who provide employment, housing and revitalization services to these communities. Member organizations are listed in Addendum II.
As in the case of the Task Force, the Partnership Advisory Committee is asked to review the draft Consolidated Plan document prior to the draft's thirty-day comment period. The committee members are asked to make the draft Plan available to their members and encourage participation by their members in the public hearings that will be held during the thirty-day public comment period.
Outreach Process
An important outreach tool that New York State officials use is the various conferences and meetings held by statewide housing and community revitalization groups. To the extent feasible, HTFC, OTDA and DHCR representatives attend available conferences and meetings and distribute information with regard to the Consolidated Plan's development. In addition, HTFC and DHCR hold informational meetings with local government representatives and a broad spectrum of economic development organizations at the local and regional level to obtain input on New York State's rural areas and non-entitlement cities= non-housing needs. The schedule of public hearings is distributed at these meetings (in addition to publishing such schedule as described). Conference and meeting attendees are encouraged to participate in the public hearings.
Accessibility to information is an important component when encouraging citizen input into the consolidated planning process. Consequently, the State distributes information to an appropriately dispersed and readily accessible number of repositories, and makes the information available via the Internet at www.nysdhcr.gov. Types of information that are made available are: a) explanation of what a consolidated plan is and ways to provide input into the Consolidated Plan's development; b) copies of the Consolidated Plan draft; and, c) copies of the final Consolidated Plan.
In addition, DHCR maintains an Electronic Mailing List designed to provide regularly updated agency information such as event notifications, press releases, and progress and accomplishments of agency programs and initiatives. Interested parties who wish to be on the mailing list can access DHCR's web site at www.nysdhcr.gov and select "Mailing List".
Notices are published announcing that New York State is holding public hearings soliciting residents= input on the housing and non-housing community development needs of the State. The notices are printed in newspapers across the State including minority newspapers and also published in Spanish, where necessary and appropriate. The notice provides a toll-free telephone number and postal and e-mail addresses to which citizens can direct their comments.
To provide residents the opportunity to comment on community development and non-housing needs, and to encourage participation from low- and moderate-income persons living in the State's non-entitlement communities, and in fulfillment of the requirements of Rules Section 91.115 (b)(3) regarding public hearings, a minimum of three public hearings are held to solicit public input prior to the development of the Consolidated Plan and Annual Action Plans. At least one public hearing also is held after the Consolidated Plan is published for comment, with citizen participation either in person or by teleconferencing which is available at DHCR's Regional Offices across the State. This hearing is conducted during the thirty day public comment period to provide an opportunity for the public to submit comments on the draft plan in addition to other public comment avenues such as electronic or written comments.
These public hearings are held at different times of day to enhance opportunities for testimony. In addition, the published notices will also include an invitation to comment in writing directly to HTFC and/or DHCR.
CDBG Small Cities Consultations
In addition, as required by 24 CFR 570.486, the CPP requires units of local governments receiving CDBG funding to provide for and encourage citizen participation. This requirement is intended to ensure that all citizens will be given reasonable and timely access to local meetings, information and records relating to local governments= proposed and actual use of CDBG funds, including: the amount of expected available CDBG funding for the current fiscal year (including grant and anticipated program income); listings of eligible activities and estimated funding to be used to meet the national objective of benefiting low- and moderate-income persons; and, descriptions of any activities likely to result in displacement, as well as proposed antidisplacement and relocation plans.
Units of local governments receiving CDBG funding must provide for a minimum of two public hearings per program year, each at a different stage of the program, for the purpose of obtaining citizens= views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance.
The public hearings to cover community development and housing needs must be held before submission of an application to the State. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for people with disabilities. Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English residents can reasonably be expected to participate.
Availability of the Consolidated Plan
New York State prepares a draft Consolidated Plan including information regarding the amount of assistance the State expects to receive and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low-and moderate-income, plans to minimize displacement of persons and to assist any persons displaced, and description of economic development assistance available and amount of targeted job creation and economic benefit for persons of low- and moderate-income.
To announce the availability of the draft Consolidated Plan, New York State uses a combination of newspaper notices, mass mailings to local governments, and dissemination of information through NAHA and PAC membership network and clients, and the Internet. At every opportunity possible, New York State officials attend various community development organization conferences and information workshops to help publicize the proposed Consolidated Plan. This helps ensure that citizens, public agencies and other interested parties will have sufficient opportunity to review the draft Consolidated Plan.
The summary of the draft Consolidated Plan is published in newspapers with a notice announcing that copies of the entire draft plan will be available at libraries, government offices and public locations, and on the internet at www.nysdhcr.gov. In addition, copies of the draft plan can be requested by e-mail or by calling DHCR's toll-free number.
Availability of the Final Consolidated Plan
The final Consolidated Plan and Consolidated Plan documents are available at libraries, county government offices, DHCR and other State Offices and on the Internet at www.nysdhcr.gov under "Publications". Copies of the final Plan are available from DHCR upon electronic, toll-free telephone or written request. The plan will also, upon request, be available in a form accessible to persons with disabilities. Any substantial amendments will also be made available.
Public Hearings
Rules Section 91.115 (b)(3) requires that the CPP must provide for at least one public hearing before the proposed Consolidated Plan is published for comment.
To provide residents the opportunity to comment on housing and non-housing community development needs, to encourage participation from low- and moderate-income persons living in the state's non-entitlement communities, and in fulfillment of the requirements of Rules Section 91.115 (b)(3) regarding public hearings, a minimum of three public hearings are held to solicit public input prior to the development of the Consolidated Plan and Annual Action Plans. The notice for public hearings is placed in newspapers across the State and on DHCR's web site. The notice appears at least 14 days before the hearings begin. In addition, the notice of the public hearings is distributed to the NAHA Task Force and the PAC. Members are asked to distribute the notice to their members and clients to encourage participation by low- and moderate-income people.
At least one public hearing is held after the Consolidated Plan is published for comment, with citizen participation either in person or by teleconferencing which is available at DHCR's Regional Offices across the State. This public hearing is held during the required 30 day public comment period. Copies of the notice are sent to many organizations and local governments in the State. The toll-free number (1-866-ASK DHCR) and e-mail address DHCRConPln@nyshcr.org are used to facilitate the general public's access to information about the hearing and the registering of speakers.
As required by 24 CFR 570.486, the CPP includes citizen participation requirements for local governments receiving CDBG funding. Local governments shall hold a minimum of two public hearings, including one hearing prior to submission of CDBG applications to the State. A second hearing is required to advise citizens of funding proposal approvals and review program performance.
Public hearings must have reasonable notice, held at times and locations convenient to actual and potential beneficiary populations, and accommodate handicapped and non-English speaking populations. In addition to public hearings, local governments must provide citizens with an opportunity to submit written comments, including the address, phone number, and times for submitting comments, and provide timely written responses, within 15 working days where practicable.
Comment Period
New York State meets the requirements of a public comment period, Section 91.115 (b)(4), by making the draft Consolidated Plan available for review and subject to a thirty-day public comment period. Individuals or units of general local government can call 1-866-ASK DHCR to request more information or a copy of the Plan. In addition, the draft Consolidated Plan is available via the Internet at www.nysdhcr.gov.
The State seeks to expand opportunities for interested parties to comment on the document by posting it on DHCR's web site. The document will contain internal links to enable persons to send e-mail comments in specific parts of the document. In addition, written comments can be submitted during the thirty-day comment period to the Policy Office, NYS DHCR, 38-40 State Street, Albany, New York 12207, or DHCRConPln@nyshcr.org. A public hearing will be held in several locations simultaneously by video conferencing in order to receive comments on the draft Plan. Oral comments should be made at this public hearing.
In preparing the final Consolidated Plan, New York State fulfills the requirements of Section 91.115(b)(5) by creating a section of the Consolidated Plan which summarizes the comments of citizens and other interested parties. Also included in this section of the Plan is a summary of any comments not accepted and the reasons for not accepting them.
Amendments
New York State has established primary criteria for determining what changes in the State's planned or actual activities constitute a substantial amendment to the Consolidated Plan. The criteria are:
A substantial change in the State's allocation priorities or a change in the method of distribution of funds;
To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan; or
A substantial change in the purpose, scope, location, or beneficiaries of an activity.
New York State will provide reasonable notice of a proposed amendment to the Consolidated Plan. The opportunity to comment on proposed amendments will be provided prior to submission of any such amendment. A period of not less than 30 days will be provided to citizens and other interested parties to comment on the proposed substantial amendment before it is implemented. A toll free number will be available to request copies of the amendment and, during the thirty-day public comment period, interested parties can mail their written comments to Policy Office, NYS DHCR, 38-40 State Street, Albany, New York 12207, or send them to DHCRConPln@nyshcr.org.
The requirements of Section 91.115 (c)(3) will be fulfilled by creating a section of the final amendment to the Consolidated Plan which summarizes the comments on the substantial amendment and also includes a summary of any comments not accepted and the reason therefore.
Performance Reports
To meet the requirements of Section 91-115 (d)(1), New York State provides a reasonable notice of and an opportunity to comment on Performance Reports. A period of not less than 15 days is provided to citizens and other interested parties to comment on the Performance Report before it is submitted to HUD. Notices are published in newspapers informing the public of the report's availability. A toll-free number (1-866-ASK DHCR) is available for citizens to request copies of the reports and interested parties can mail their comments to NYS DHCR, 38-40 State Street, Albany, New York 12207, or send them to DHCRConPln@nyshcr.org.
The requirements of Section 91.115 (d)(2) are fulfilled by creating a section in the final Consolidated Plan which summarizes the comments on the Performance Report and also includes a summary of any comments not accepted and the reason therefore.
Citizen Complaints
All citizen complaints must be made in writing to NYS DHCR, 38-40 State Street, Albany, New York, 12207. When a citizen complaint is received with regard to the Consolidated Plan, amendments, or Performance Reports, the complaint will be dated and recorded. An acknowledgment of receipt of the complaint will be mailed to complainant within 15 days. Subsequently, the complaint will then be referred to the most appropriate official for a written response within 45 days of receipt of the complaint.
Access to Records
The State's repository of annual Performance Reports is the most comprehensive collection of information and records relating to the New York State's Consolidated Plan and the State's use of assistance under the programs covered by the Plan during the preceding five years. A citizen may, upon request, receive a copy of this report. All records and reports will be maintained at the offices of the New York State Division of Housing and Community Renewal, 38-40 State Street, Albany, New York 12207 and are available upon written or telephonic request. If a report is requested, the report will be provided within a reasonable time period. Upon request, the reports will be made available in a format accessible to persons with disabilities.
Citizen Participation Enhancement
The State of New York has made its CPP more expansive and more inclusive, making the Consolidated Planning Process and related materials more accessible to the general public. Those steps include increasing PAC membership, describing the process by which organizations can apply for membership, and providing additional electronic avenues by which the public can comment on Consolidated Plan documents and the Consolidated Planning process. Further, DHCR will create a link in its web site to enable direct access to the CPP.
Addendum I
Member Agencies of the New York State Task Force on the National Affordable Housing Act*.
Office of the Aging
Office of Alcoholism and Substance Abuse Services
Division of the Budget
Division of Criminal Justice Services
Developmental Disabilities Planning Council
Empire State Development Corporation
Office of Federal Affairs
Governors Office for Small Cities
Department of Health
Housing Finance Agency
Housing Trust Fund Corporation
Division of Housing and Community Renewal
Division of Human Rights
AIDS Institute
Department of Labor
Office of Mental Health
New York State Office For People With Developmental Disabilities
Division of Parole
Department of State
State of New York Mortgage Agency
Office of Temporary and Disability Assistance
Department of Transportation
Office of Veterans' Affairs.
As of May, 2005.
Addendum II
Member Organizations of the Partnership Advisory Committee*
Arch Diocese of New York
ARISE, Center for Independent Living
Association of Community Living
Association of Towns of the State of New York
Community Preservation Corporation
Community Service Society
The Enterprise Foundation
Federation of Protestant Welfare Agencies
Greater Rochester Housing Partnership
Greater Upstate Law Project
Healthcare Association of New York State
Housing Opportunities, Inc.
Legal Services for New York City
Local Initiatives Support Corporation
Long Island Housing Partnership
Mental Health Association of New York State
National Alliance for the Mentally Ill
Neighborhood Housing Services of New York City
Neighborhood Preservation Coalition of New York State
NeighborWorks
New York Association of Homes & Services for the Aging
New York Bankers Association
New York City Housing Partnership
NYS Association of Area Agencies on Aging
NYS Association of Counties
NYS Association Realtors
NYS Association of Regional Planning & Development Organizations
NYS Association of Renewal and Housing Officials
NYS Builders Association
NYS Conference of Mayors and Municipal Officials
NYS Economic Development Council
NYS Independent Living Council
NYS Rural Advocates
NYS Rural Development Council
NYS Rural Housing Coalition
NYS Tenant and Neighborhood Information Services
NYS Urban Council, Inc.
Statewide Emergency Network for Social & Economic Security (SENSES)
UJA Federation of New York
*as of May, 2005
NOTICE OF PUBLIC HEARING
To participate in certain federal community development and housing programs, the State of New York must prepare a Consolidated Plan and an annual Action Plan and provide opportunities for citizens to participate in their development. As part of this process, the State will conduct public hearings to obtain the views of citizens, public agencies, local governments and other interested parties on the housing and non-housing community development needs of the State, before a draft Consolidated Plan and a draft Action Plan are prepared.
The Consolidated Plan and the annual Action Plan cover four federal programs: the Community Development Block Grant Small Cities Program; the HOME Investment Partnerships Program; the Housing Opportunities for Persons with AIDS (HOPWA) Program; and the Emergency Shelter Grants Program.
The Consolidated Plan will be a five-year strategy for addressing the housing and non-housing community development needs of New York State communities. The Plan will set forth long term goals for the development of viable communities by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low- and moderate-income persons. New York State must submit a completed Consolidated Plan to the U.S. Department of Housing and Urban Development by November 15, 2005.
The annual Action Plan will describe the State's planned use of federal Fiscal Year 2006 funds to address the needs identified by its five-year Consolidated Plan and further the Consolidated Plan's objectives, and will also describe the State's methods of distributing these funds to local governments and not-for-profit organizations.
Public Hearings will be held at the DHCR Offices listed below on the following dates and times:
| DATE: | TIME: |
| Tuesday, May 17, 2005 | 10:30 AM - 12:30 PM |
| Thursday, May 19, 2005 | 12:30 PM - 2:30 PM |
| Tuesday, May 24, 2005 | 1:00 PM - 3:00 PM |
LOCATIONS:
| NYS DHCR Hampton Plaza Ballroom 38-40 State Street Albany, NY 12207 | NYS DHCR A&E Conference Room 642 -6th Floor 25 Beaver Street New York, NY 10004 |
| NYS DHCR Statler Towers Suite 600 - 6th Floor 107 Delaware Avenue Buffalo, NY 14202 | NYS DHCR Syracuse Developmental Center 2nd Floor - D Wing 800 South Wilbur Avenue Syracuse, NY 13204 |
If needed, more time will be made available at each public hearing.
Accommodations for persons with disabilities will be made available at the public hearings upon request. Interpreters will also be available upon request to meet the needs of non-English speaking persons. Individuals who seek additional information regarding the hearings may call DHCR's toll-free number, 1-866-ASK-DHCR (275-3427).
Space may be limited in some locations: persons planning to attend a hearing must pre-register by calling 1-866-ASK-DHCR (275-3427) or sending an e-mail to DHCRConPln@nyshcr.org. Speakers will be limited to five (5) minutes of testimony. Attendees must present a driver's license or other government-issued photo ID upon entry.
All speakers are urged to provide a written copy of their testimony. Individuals who are unable to attend may submit comments to NYS DHCR, Attention: Ron Agnese, 25 Beaver Street, New York. NY 10004, or e-mail them to DHCRConPln@nyshcr.org. Written comments must be postmarked no later than May 31, 2005. E-mail comments must also be sent by this date.
NEW YORK STATE DRAFT 2006-2010 CONSOLIDATED PLAN PUBLIC COMMENT PERIOD ANNOUNCEMENT AND PUBLIC HEARING NOTICE
The State of New York will conduct public hearings to obtain citizen comments on New York State's draft Consolidated Plan. The Consolidated Plan covers the following four federal housing programs: the Community Development Block Grant Small Cities Program; the HOME Investment Partnership Program; the Housing Opportunities for Persons with AIDS Program; and the Emergency Shelter Grants Program. A summary of the proposed Consolidated Plan appears below.
Summary
The draft Consolidated Plan is prepared through an extensive consultation period with citizens, local governments, public agencies and other interested parties on the housing and community development needs of the State. The Consolidated Plan is a five-year strategy for addressing the housing and community development needs of New York State communities. The draft Plan sets forth long-term goals to maintain viable communities through the development of decent housing, a suitable living environment and expanding economic opportunities principally for low- and moderate-income persons. The four major section of the Plan contain a wide variety of information. A description of each section follows.
The Needs Assessment: This section consists of a general statement of housing, homeless and special needs populations, and non-housing community development needs statewide. Federal regulations require that the State use housing data based on 2000 U.S. Census information as provided by HUD. This data is supplemented by additional appropriately documented figures collected by New York State.
In the Plan, the number and type of families in need of assistance is estimated for the following categories: 1) Extremely low-income, which are households making less than 30 percent of HUD Adjusted Median Family Income or HAMFI; 2) Low-income, 31 to 50 percent of HAMFI; 3) Moderate-income, 51-80 percent of HAMFI; and 4)Middle-income, 81-95 percent of HAMFI.
Within these incomes categories, the plan addresses the needs of different populations such as the elderly, single persons and large families, persons with HIV/AIDS and persons with disabilities.
The Plan includes needs numbers for any racial or ethnic group that has a disproportionate need, which is defined as a group being at least 10 percentage points higher than that of persons in the category as a whole.
The Needs Assessment Section also estimates how many of the housing units occupied by low-income families have lead-based paint hazards.
Housing Market Analysis: This section describes the different housing markets in the State. Included are descriptions and analysis of the supply, demand, cost and condition of housing in the State. An inventory of facilities and services that help to meet the needs for emergency shelter and transitional housing need of homeless persons is included.
Strategic Plan: The Strategic Plan Section is based upon the needs identified in the Needs Assessment Section. An overall strategy has been developed for the State's use of federal resources to address the problems of: 1) homelessness; 2) the lack of affordable housing opportunities for low- and moderate-income households; 3) community development needs; and 4) the need of supportive housing for special needs populations. The goals proposed are based upon an evaluation of the State's housing market, the severity of housing problems, and the needs of low- and moderate-income persons.
The State also proposes the actions to be taken to evaluate and reduce lead-based paint hazards and how the objectives proposed in the Consolidated Plan will be coordinated with the State's programs for reducing the number of poverty-level families.
Action Plan: The annual Action Plan describes, for one specific Program Year, the State's proposed use of available federal and other resources to address the priority needs and specific objectives in the Consolidated Plan; the State's method for distributing funds to local governments and not-for-profit organizations; and the geographic areas of the State to which it will direct assistance.
The Action Plan will describe New York State's planned use of approximately $98 million in federal fiscal year 2006 funds for: the Community Development Block Grant Small Cities Program (approximately $54 million); the HOME Investment Partnership Program (estimated to be more than $39 million); the Housing Opportunities for Persons with AIDS Program (approximately $1.7 million); and the Emergency Shelter Grants Program (approximately $3.2 million).
The public hearings will be held during a comment period, beginning September 19, 2005 and ending October 18, 2005. The dates, times and locations to the hearings can be found at the end of this notice.
On September 19, 2005, copies of the Draft Consolidated Plan will be available at county government offices and at the additional locations listed below. The Draft Consolidated Plan will also be available on the DHCR website at www.nysdhcr.gov under the Publications tab. In addition, copies can be requested by e-mail (DHCRConPln@nyshcr.org) or by calling 1-866-ASK-DHCR (275-3427).
Locations of the Consolidated Plan
| Long Island | |
| Port Washington Public Library One Library Drive Port Washington, New York 11050 516-883-4400 | Suffolk Cooperative Library System 627 North Sunrise Service Road Bellport, New York 11713 516-286-1600 ext. 325 |
| New York City | |
| New York Public Library, SIBL 188 Madison Avenue - 60L New York, New York 10016 212-930-0586 | State of New York Mortgage Agency 641 Lexington Avenue New York, New York 10022 212-688-4000 |
| NYS Housing Finance Agency 641 Lexington Avenue New York, New York 10022 212-688-4000 | NYS Division of Housing and Community Renewal 25 Beaver Street New York, New York 10004 212-480-6700 |
| Brooklyn College Library Bedford Avenue and Avenue H Brooklyn, New York 11210 718-780-5332 | NYS Division of Housing and Community Renewal 92-31 Union Hall Street Jamaica, New York 11433 718-262-4887 |
| Hudson Valley | |
| NYS Division of Housing and Community Renewal 75 South Broadway White Plains, New York 10601 914-948-4435 | SUNY at Purchase Library Purchase, New York 10577 914-253-5096 |
| Newburgh Free Library 124 Grand Street Newburgh, New York 12550 914-561-2497 ext. 28 | Adriance Memorial Library 93 Market Street Poughkeepsie, New York 12601 914-485-3445 |
| Capital District | |
| NYS Division of Housing and Community Renewal 38-40 State Street, 8th Floor Albany, New York 12207 518-473-2528 | Schenectady County Public Library 99 Clinton Street Schenectady, New York 12305 518-382-3511 |
| Governmental Documents Lucy Scribner Library Skidmore College Saratoga Springs, New York 12866 518-584-5000 ext. 2298 | |
| Central New York | |
| NYS Department of State Senator Hughes Office Building 333 East Washington Street Room 514 Syracuse, New York 13202 315-428-4113 | NYS Division of Housing and Community Renewal 800 South Wilbur Avenue Syracuse, New York 13201-1127 315-473-6930 |
| Onondaga Public Library The Galleries of Syracuse 447 South Salina Street Syracuse, New York 13202 315-448-4700 | SUNY College of Technology at Utica/Rome Marcy Campus Utica, New York 13504-3051 315-792-7308 |
| North Country | |
| Ogdensburg Public Library 312 Washington Street Ogdensburg, New York 13669 315-393-4325 | Frederick W. Crumb Memorial Library State University College of Arts and Sciences Potsdam, New York 13676 315-267-2480 |
| NYS Department of Economic Development 401 West Bay Plaza Plattsburgh, New York 12901 518-561-5642 | |
| Western New York | |
| NYS Division of Housing and Community Renewal Statler Towers - Suite 600 107 Delaware Avenue Buffalo, New York 14202 716-842-2244 | Lockwood Library Government Documents SUNY Buffalo Buffalo, New York 14260 716-636-2821 |
| Friedsam Memorial Library St. Bonaventure College St. Bonaventure, New York 14778 716-375-2342 | SUNY Library - Reference State University College at Fredonia Fredonia, New York 14063 716-673-3183 |
| Rundell Library 115 South Avenue Rochester, New York 14604 716-428-7300 | Government Document and Microtext Center Rush Rhees Library University of Rochester Wilson Blvd. Rochester, New York 14627 716-275-9320 |
| Southern Tier | |
| NYS Department of State Binghamton State Office Building Annex 44 Hawley Street Binghamton, New York 13901 607-773-7788 | James A. Milne Library SUNY at Oneonta Oneonta, New York 13820 607-431-2725 |
| Cornell University Library Serials Department, Documents Section 110-B Olin Library Ithaca, New York 14853-5301 607-255-5118 | |
Public Hearings will be held at all four of the DHCR Offices listed on each of the following dates & times:
|
DATE: |
TIME |
|
Tuesday, September 20, 2005 Thursday, September 22, 2005 Tuesday, September 27, 2005 |
1:30 pm - 3:30 pm 10:00 am - Noon 1:00 pm - 3:00 pm |
|
LOCATIONS | |
|
NYS DHCR |
NYS DHCR |
|
NYS DHCR |
NYS DHCR |
If needed, more time will be made available at each public hearing.
Accommodations for persons with disabilities will be made available at the public hearings upon request. Interpreters will also be available upon request to meet the needs of non-English speaking persons. Individuals who seek additional information regarding the hearings may call DHCR's toll-free number, 1-866-ASK-DHCR (275-3427).
Space may be limited in some locations: persons planning to attend a hearing must pre-register by calling 1-866-ASK-DHCR (275-3427) or sending an e-mail to DHCRConPln@nyshcr.org. Speakers will be limited to five (5) minutes of testimony. Attendees must present a driver's license or other government-issued photo ID upon entry.
All speakers are urged to provide a written copy of their testimony. Individuals who are unable to attend may submit comments to NYS DHCR, Attention: Brian McCarthy, 38-40 State Street, Albany, NY 12207, or e-mail them to DHCRConPln@nyshcr.org. Written comments must be postmarked no later than October 18, 2005. E-mail comments must also be sent by this date.
Appendix II
Summary of Public Comments
COMMENTS
REGARDING NEW YORK STATE'S CONSOLIDATED PLAN FOR PROGRAM YEAR 2006-2010
In accordance with the Citizen Participation Plan, the following comments on New York State's Consolidated Plan for Program Years 2006-2010 were received during the State's Public Comment Period. Since many comments share a broader theme, they have been grouped and responded to accordingly. Included are many comments received on policies and programs not covered by the Consolidated Plan, but of equal importance to the State and the array of other programs it administers. These comments are appreciated and will certainly be taken under advisement in the appropriate context. The summaries of comments are in bold text, followed by the State's response to those comments.
Several commenters noted the existence of a housing crisis for persons with disabilities.
Several commenters urged more cooperation and coordination between DHCR, other State agencies serving people with disabilities, Centers for Independent Living and related organizations.
Several commenters noted that accessibility should be a priority objective in New York State's Consolidated Plan and that the Plan should include language directly related to accessibility.
Response:
The Division of Housing and Community Renewal (DHCR) and the Housing Trust Fund Corporation (HTFC) recognize the need for affordable, accessible and integrated housing. The 2006-2010 Consolidated Plan explicitly substantiates such need in the Housing and Homeless Needs Assessment Section. The growing demand for such housing, particularly given the gap between housing costs and income for people with disabilities, is also stressed. The State extended every effort to engage community-based organizations serving special needs populations to solicit further input on this important issue. As a result, the 2006-2010 Consolidated Plan reflects those discussions, by strongly emphasizing the need to serve people with special needs.
The Consolidated Plan serves eight priority special needs populations, including persons with physical disabilities, as a function of removing barriers to affordable housing for this particular population, accessibility is certainly a priority within this Plan, as well as in the administration of DHCR/HTFC's programs and activities.
Outside of the purview of this Plan, the State continues to engage in planning initiatives that play a significant role in expanding housing for people with disabilities. DHCR continues to serve as an active member of the Most Integrated Setting Coordinated Council (MISCC). MISCC was created by Governor Pataki through Chapter 551 of the Laws of 2002 within the Executive Department to develop and oversee the implementation of a comprehensive statewide plan for providing services to disabled individuals in the most integrated setting possible.
In addition, the Commissioner of DHCR continues to Chair an Interagency Advisory Task Force on Housing for People with Special Needs. The Task Force was created in October of 2003 by Governor Pataki and charged with the responsibility of cooperatively exploring and advising the Governor concerning opportunities for financing, as well as establishing increased availability of housing and support services for individuals to live with independence and dignity in the community of their choice.
On January 19, 2005 DHCR's Commissioner hosted a landmark meeting at which Task Force Members and several New York City Commissioners were brought together to begin an important discussion on how the City and State might collaborate to provide increased opportunities for affordable housing and supportive services for people with special needs.
With the leadership of the Governor's Office, discussions continued over the ensuing nine months and collaboratively an agreement was constructed that will build upon the City and State's efforts. On November 7, 2005 Governor George Pataki and Mayor Michael Bloomberg announced agreement on an historic homeless housing initiative that will provide an additional 9,000 supportive housing units over the next ten years for individuals and families with special needs that are living on the streets or in emergency shelters in New York City.
DHCR/HTFC actively encourages new housing opportunities for persons with disabilities. One significant example is the Unified Funding process; where rating and ranking include a scoring question on special needs. Specifically, the rating and ranking includes a scoring question where applicants proposing a housing project or program which targets persons with special needs are eligible for scoring points. Persons with physical disabilities and persons with developmental disabilities are eligible populations under this system. In the 2005 funding round, approximately 94% of capital projects awarded identified that they are planning to target housing units for persons with special needs.
Further, DHCR/HTFC launched the Access to Home Program, which was noted in the Governor's 2005 State of the State Address, to provide grants for home modifications, which enable persons with physical disabilities and sensory impairments to live independently, in lieu of costly and more intrusive institutional settings. Award announcements under the first $10 million round of funding are imminent. Requests for Proposals under the second round of funding, totaling $5 million, are currently being sought.
Several commenters stated that the Interagency Advisory Task Force on Housing for People with Special Needs, should be expanded to include members of the disability community, advocates and service providers who can provide key insights on the needs of people with disabilities.
Response:
The Interagency Advisory Task Force on Housing for People with Special Needs is comprised of seventeen State agencies. It is a multi-agency effort to work cooperatively to explore and advise the Governor concerning opportunities for financing, as well as establishing increased availability of housing and support services for individuals to live with independence and dignity in the community of their choice. While this is an interagency effort, the Task Force has solicited input and invited presentations from community-based organizations.
Several commenters noted that housing opportunities for persons with disabilities should be integrated into mainstream, affordable housing opportunities.
Several commenters urged the State to create a web-based housing registry that lists all accessible housing units, both public and private for sale and for rent, across the State.
Response:
DHCR/HTFC agrees that there is a significant demand for affordable and accessible housing throughout New York State and continues to partner with other government agencies, the private sector and community based organizations to address that demand. As previously referenced, DHCR/HTFC encourages applications which include housing units for persons with special needs within the rating and ranking system to allocate available Unified Funding dollars.
Again, while not specifically covered by this Plan, creation of the Access to Home Program is an important example of pioneering efforts in this regard. In 2005, DHCR/HTFC announced a $10 million funding round of Access to Home. The Program will provide funding to not-for-profit organizations to administer local programs to make the homes and apartments of low- and moderate-income New Yorkers with disabilities more accessible. Under the program, home adaptations and alterations will be made to enable persons with disabilities to remain or return to their own homes rather than enter or stay in institutional settings. Awards announcements under the first $10 million round of funding are imminent. Requests for Proposals under the second round of funding, totaling $5 million, are currently being sought.
The Center for Independence of the Disabled (CIDNY) was previously under contract with the Developmental Disabilities Planning Council (DDPC) to develop a New York State Accessible Housing Registry, which expired in October of 2005. Success was achieved under that contract and a test site was made available for circulation, however, there was no funding for its continued administration.
DHCR worked closely with DDPC and CIDNY to develop a contract to support ongoing operation of the Registry beyond its October, 2005 completion. Funding in support of the Registry would serve to maintain and enhance procedures and practices related to the timely and accurate entry and review of accessible housing listings, increase private and public sector links, allow the Registry to continue to serve as an information and resource repository for people seeking accessible housing and ensure ongoing relevancy of processes for assessing Registry user satisfaction and evaluating performance. Funding will be used to operate and maintain the site, conduct research, review and implement ongoing marketing strategies and encourage provision of information to the Registry, as well as to ensure quality assurance.
It is intended that the New York State Accessible Housing Registry would be linked to DHCR's Affordable Housing Directory.
As noted in previous Consolidated Planning documents, in 2004 DHCR implemented programmatic changes that would extend the requirements of Section 504 of the Rehabilitation Act of 1973 to certain State financed housing projects. In the 2005 Unified Funding Round for the State funded Low Income Housing Trust Fund (HTF) program it was required that a minimum of 5% of the total units in a new construction multi-family project (five units or more), or one unit whichever is greater, would be made accessible for and marketed to persons with mobility impairments and that an additional 2% of the total project's units or one unit, whichever is greater, would be made accessible for and marketed to persons with visual or hearing impairments. The project owner is responsible for the reasonable costs of any alterations necessary to accommodate an eligible tenant.
Several commenters noted that resources should be allocated differently and suggested creating the following initiatives for persons with disabilities:
Affordable/Accessible Housing Trust Fund to provide funds for access modifications, security deposits and rental subsidies for persons transitioning and at risk of going into an institution.
Incentive to fund projects that will make 15% of all rehabilitated and newly constructed affordable units accessible and targeted to persons with physical disabilities.
Accessibility Tax Credit program comparable to the Federal Low Income Housing Credit program
Response:
While an Accessible Housing Trust Fund Program is a laudable goal, there is not sufficient funding within the confines of DHCR's existing budget to support such an initiative. However, DHCR is committed to exploring new opportunities for financing accessible housing and establishing increased availability for housing support services for individuals to live with independence and dignity in the community their choice.
Again, one significant example of DHCR's commitment in this regard, is creation of the Access to Home Program. Announced first in Governor Pataki's 2005 State of the State Address, Access to Home is a $10 million program to provide Local Program Administrators with grants of up to $200,000 to make environmental modifications to the homes of persons with disabilities. Award announcements for this first funding round are imminent and applications under a second $5 million round are being solicited.
While there is not currently an incentive to fund projects that will make 15% of all rehabilitated and newly constructed affordable units accessible and targeted to persons with physical disabilities, DHCR/HTFC does continue to encourage applicants to include units for persons with disabilities in their proposals. New housing opportunities under Unified Funding, which includes the Low Income Housing Credit Program, are encouraged through scoring in the rating and ranking system.
It is also important for the State to equally consider and prioritize the needs of all special needs populations, including the physically disabled, as well as consider market demand within geographic areas, as it strives to generate new affordable housing opportunities.
DHCR/HTFC recognize the need for accessibility modifications and must note that many developers, on their own accord, provide units with roll-in showers, larger bathrooms, or specially adapted equipment. Developers of affordable senior housing often include roll-in showers and larger bathrooms in their projects because they acknowledge that their tenants might require these accommodations.
Several commenters noted that construction and design should reflect the concepts of universal design and visitability.
Commenters also noted that the State, through its Consolidated Plan, needs to ensure that all housing developed with HUD funds meet basic accessibility requirements.
Several commenters noted that Section 504 of the Rehabilitation Act of 1973 should be incorporated into State law.
Response:
DHCR/HTFC projects developed with HUD funds meet the accessibility requirements of Section 504 of the Rehabilitation Act of 1973, as well as the New York State or New York City Building Code and the federal Fair Housing Act. This means that in new construction of multi-family housing with four or more units have an elevator, and that all units are accessible and visitable. In new construction of multi-family townhouses, DHCR encourages the developers to make those projects visitable, where technically feasible.
All DHCR/HTFC funded projects are required to follow the applicable codes, regulations and laws for accessibility which essentially provide that persons with physical disabilities must be provided safe access through a building and its spaces. These regulations include the current edition of the New York State of New York City Building Code and the Federal Fair Housing Act. Projects funded with federal funds must comply with the requirements of Section 504 of the Rehabilitation Act of 1973.
The objective for incorporating Section 504 into State law is unclear, as projects funded with federal funds must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, regardless of whether it is in State law. If, in fact, the goal is to extend the requirements of Section 504 to certain State financed housing projects, then it has largely been achieved programmatically.
The 2005 Unified Funding Round for the State funded Low Income Housing Trust Fund (HTF) program required that a minimum of 5% of the total units in a new construction multi-family project (five units or more), or one unit whichever is greater, shall be made accessible for and marketed to persons with mobility impairments and that an additional 2% of the total project's units or one unit, whichever is greater, shall be made accessible for and marketed to persons with visual or hearing impairments. The project owner will be responsible for the reasonable costs of any alterations necessary to accommodate an eligible tenant.
Several comments noted that the Plan should require marketing and monitoring procedures related to Section 504 of the Rehabilitation Act of 1974 and the Fair Housing Act to be implemented at the State level.
Several commenters stated that marketing strategies for accessible housing units should include outreach to area Centers for Independent Living and to discharge planners at local hospitals, nursing homes and mental health institutions.
Other commenters stated that, in the context of Fair Housing and Equal Opportunity, projects should be rated in part on how they assure that set-aside units for persons with disabilities will be marketed to and occupied by such persons.
These commenters also suggested that a separate lottery be used for persons with disabilities applying for accessible set-aside units.
Response:
DHCR/HTFC requires compliance with the Fair Housing Act's non-discrimination requirements at the marketing stage of the development it funds. Awardees are required to submit affirmative marketing plans, which must contain a marketing strategy to target minority groups including the disabled community. Each plan must list a community contact such as an Independent Living Center for the disabled community, which will assist with outreach and placement. Advertisements for rentals and sales must contain equal opportunity and accessibility logos, as well as language stating the accessibility of units. Further, all housing funded by DHCR/HTFC which is covered by the provisions of Section 504 of the Rehabilitation Act meet all such requirements on accessibility for persons with mobility and visually/hearing impairments.
Section 504 Regulations require recipients to take reasonable steps to assure that information on available accessible units reaches otherwise qualified individuals with disabilities who need the features of those units. The regulations provide that whenever a unit for a mobility-impaired person, meeting certain requirements, becomes available for occupancy, a recipient shall first offer the unit to a qualified individual with disabilities currently residing in a non-accessible unit in the same project or comparable projects, under common control, who requires the accessible features. If there are no such persons currently residing in the recipient's projects, the recipient shall then offer the unit to the next available qualified individual with disabilities on its waiting list, provided that the person requires the accessibility features of the unit. The recipient shall skip over non-disabled applicants on the waiting list to offer the unit to the next qualified individual who requires the unit's accessibility features.
If no qualified applicant with disabilities requires the accessible features of a unit, and the recipient places a family where none of the family members have disabilities in that unit, the recipient may include language in the lease requiring this family to agree to move to a non-accessible unit, as soon as one becomes available that otherwise meets the family's needs.
In January, 2001, DHCR launched the New York State Affordable Housing Directory (AHD) an online tool designed to assist users with locating affordable rental housing throughout the State. Approximately $400K has been invested in the Affordable Housing Directory to date. In addition to the completed projects contained in the Directory, users may also view a list of new affordable housing projects currently accepting rental applications.
The AHD provides residents of New York State with a simple way to locate affordable rental apartments in all areas of the State by searching for rental developments funded by five of DHCR's largest programs, as well as produce maps pinpointing these apartments. The site also offers proximity of necessary facilities such as schools, hospitals, and stores.
Most recently, the AHD has been updated to include information on buildings that are in a project that contains accessible/adaptable units. As part of its efforts to improve access to units currently available or being developed for persons with disabilities, DHCR has added a Section 504 Search feature. When AHD information for a specific project is accessed by a user, information will be displayed identifying whether the project is subject to Section 504 of the Rehabilitation Act of 1973. If a project receives federal HOME financing it is subject to Section 504, which imposes on project owners the obligation to make their buildings and facilities "readily accessible" to persons with disabilities and, additionally, requires the owner to bear the financial cost of physical modifications until at least 5% of all units in a newly constructed building are accessible to persons with physical disabilities and at least 2% are accessible to the sensory impaired. All project managers impacted by the new feature were notified in writing of the change and reminded of their obligations.
DHCR also recently hosted a series of Fair Housing and Accessibility Training Seminars, provided by Fair Housing Solutions, LLC, for internal staff and owner/managing agents on the requirements of the Fair Housing Act and the provisions of Section 504 of the Rehabilitation Act of 1973.
Several commenters asked that DHCR conduct a statewide needs assessment.
Another commenter suggested that the State legislate that the Office of Mental Health and the State Education Department's Vocational and Educational Services for Individuals with Disabilities create and gather data on the housing needs of the persons they serve and report the results to the Governor and the Legislature.
Response:
Population and housing data collected under Census 2000, particularly as it relates to the disability status of people age five and over, served as a valuable resource in assessing need for the 2006-2010 Consolidated Plan. While information on disability has been gathered as part of the census since 1830, the questions have clearly evolved over the years, with Census 2000, providing the most comprehensive and useful information to date. Census 2000 asked questions about long lasting impairments involving sensory disabilities and physical limitations, as well as about difficulty in performing certain activities due to a physical, mental or emotional condition.
Census 2000 was clearly the most relevant data available at the time this Plan was prepared. It is not within the purview of a government agency to introduce and pass legislation. However, DHCR/HTFC would welcome the opportunity to provide advice and guidance to other public or private entities seeking to engage in efforts to collect qualifying statewide data that may potentially be considered under this, or any future, Consolidated Planning document.
Several commenters noted that public housing is the only source of accessible housing for many people with disabilities and that the high demand for this type of housing results in lengthy waiting lists.
Other commenters suggested that the Section 8 Program should set aside 10% of its Housing Choice Vouchers and the HOME Program should set aside at least 10% of its rental assistance vouchers for people with disabilities who want to transition from nursing homes and other institutions.
Response:
The State is committed to providing housing opportunities for people with disabilities as part of its overall strategy.
In its Statewide administration of the Section 8 Housing Choice Voucher Program, DHCR has always given careful consideration to families with special needs. Currently, 41% of DHCR's 31,000 Section 8 Vouchers are administered to families who's Heads of Households are persons with disabilities. Approximately 50% of DHCR's Voucher assistance is provided on behalf of families with one or more disabled family members.
In previous responses to HUD SuperNOFAs, DHCR regularly applied for Mainstream Housing Opportunity Vouchers for Persons with Disabilities. At the present time, DHCR administers 626 Mainstream Vouchers. If this funding conduit is restored in future SuperNOFAs, DHCR will apply. However, 2001 was the last year that DHCR was provided with an allocation of these special purpose Vouchers.
Currently, DHCR has over 36,000 families on local Section 8 Voucher waiting lists and there has been no general allocation of "Fair Share" Vouchers since 2001. In consideration of the needs of all families on these waiting lists, DHCR is unable to consider set-asides for any special purpose at this time.
The State concurs that the waiting lists for public housing and Section 8 housing assistance are lengthy for persons with disabilities, as well as all other households. The supply and availability of public housing is a function of the availability of federal funding to housing, and for varying reasons the State has seen limited incremental funding in recent years. Unfortunately, these programs may even be subject to potential budget cutbacks. DHCR intends to continue to work with its partners on the federal level to pursue any such funding that may become available to augment State public housing and State-administered Section 8, as well as to support local housing authorities in their applications for funding.
The HOME Program has encouraged programs that will serve people with disabilities, including applications for tenant-based rental assistance, by awarding points for those programs that target at least 15% of the units to special needs populations.
Once again, the State has a responsibility to equally consider and prioritize the needs of all special needs populations, including those transitioning from institutional settings, as well as consider market demand within geographic areas, as it strives to generate new affordable housing opportunities.
Through the collective work of the Most Integrated Setting Coordinating Council and within DHCR, more specifically, it is a goal to continue to transition people with disabilities living in institutional environments into an integrated setting of their choice. The Access to Home Program, assists such individuals by providing assistance with the cost of adapting homes to meet the needs of those with disabilities, enabling them to safely and comfortably continue to live in their residences and avoid institutional care. Transition and diversion is a specified goal within this Program. Successful applicants must include in their Proposal Summary a description of the process through which they will carry out proposed transition and diversion activities, including specific deliverables. This process will be included in the grant agreement and periodic field monitoring by DHCR/HTFC staff will ensure programs are administered in accordance with the Administrative Plan.
Several commenters noted the lack of accessible housing for seniors and urged the State to consider this population when formulating it priorities.
Response:
The State does clearly consider both the physically disabled and senior population when formulating its priorities. As an example, under DHCR/HTFC's 2005 Unified Funding Round $121.5 million in funding was provided to support affordable housing initiatives across New York State which will benefit seniors, persons with disabilities and working families.
The funding comprises approximately $93 million in low interest loans and grants and $27.6 million in Federal and State Low Income Housing (Tax) Credits which, in turn, will generate an estimated $445 million in additional private equity investment in housing.
The 177 awards made will result in the development, rehabilitation and home buyer assistance of some 4,900 housing opportunities across the State. Of that total approximately 1,358 will benefit seniors, 762 the disabled, and close to 2,400 families will receive homeownership assistance.
A few commenters encouraged further coordination between Governor Pataki, DHCR, the disability community, and other stakeholders to advocate for continued funding on the federal level for programs that aim to help people with disabilities obtain affordable, accessible and integrated housing.
Response:
DHCR works closely with the Governor's Office and the New York State Office of Federal Affairs located in Washington, D.C. Together, a federal agenda is developed and advocated for each year. Of particular priority again this year will be addressing the significant unmet need for Section 8 assistance, which is evidenced by the more than 35,000 families currently on waiting lists in DHCR's local program areas. We intend to continue to communicate with our federal delegation to ensure appropriating funds are sufficient to meet demand and actual costs. Clearly, this issue holds much sway over the future of affordable housing, both nationally and locally.
Further, DHCR works closely with the United State Department of Housing and Urban Development, not only in preparing for the submission of this Plan, but in implementing the programs and activities it governs.
DHCR is also a member of the National Council of State Housing Agencies (NCSHA), which is a not-for-profit organization comprised of the nation's State Housing Agencies, as well as not-for-profit organizations, who collectively coordinate federal advocacy efforts for affordable housing. NCSHA works with Congress, the Administration, several federal agencies concerned with housing, including HUD and the Treasury, and with other advocates for affordable housing.
A commenter urged the enactment of legislation to amend the State Residential Building Code to ensure that all State and federally assisted, newly constructed single family homes, townhouses, and ground-floor of duplexes and triplexes meet minimum standards of accessibility of "visitability" for people with disabilities.
Response:
While this comment has been offered under previous Consolidated Planning documents and is clearly outside of DHCR's purview, as well as the scope of the current Plan, we appreciate the value it adds to the overall discussion on serving people with physical disabilities and offer a response accordingly.
On January 1, 2003, the State Fire Prevention and Building Code Council enacted significant revisions to the State's Uniform Fire Prevention and Building Code, which have been mandated statewide since 1984. The revisions included provisions for the design and construction of facilities for accessibility to physically disabled persons, utilizing ICC/ANSI A117.1-98 as the technical standard for determining accessibility.
The Code Council's provisions for accessibility were developed by a technical subcommittee that included representation from the NYS Office of Advocate for Persons with Disabilities and United Spinal Association (formerly Eastern Paralyzed Veterans Association). Also, one of the statutory representatives of the Code Council is charged with representing the interests of persons with disabilities. The code development process included numerous publicly announced technical subcommittee meetings and Code Council meetings. All of these meetings were open to the public. Also, the Code Council conducted several public hearings around the State to maximize public input.
Throughout the course of these meetings and hearings, there was no proposal submitted or discussed to require that one- and two-family dwellings or multiple single-family dwellings (townhouses) be accessible to persons with disabilities. Discussion regarding multiple dwellings established four dwelling units within a building as the threshold for triggering accessibility requirements. As a result, the Code Council enacted requirements for accessibility to residential buildings containing four or more dwelling units with a common means of egress.
This comment was previously forwarded to the State Fire Prevention and Building Code Council at the NYS Department of State for consideration under an update of the provisions of the Uniform Code to reflect the latest in construction technology and practice.
A commenter discussed the need for the dissemination of information of what DHCR/HTFC requires of developers with definitions common to federal, state and local governments concerning what is quality, affordable, accessible, and integrated housing.
Response:
Available on DHCR's website at http://www.nysdhcr.gov under the Publications tab, or in hardcopy by request, are several brochures, bulletins and manuals that contain the requested information. Of particular interest to the commenter may be the Capital Programs Manual, which is designed to provide program participants and DHCR's Office of Community Development staff with a comprehensive handbook which explains the processes, procedures and requirements of its capital programs.
A few commenters urged DHCR to simplify the process of applying for and receiving funds.
Response:
Several years ago, DHCR/HTFC adopted the Unified Funding Process as a means to efficiently administer capital programs supporting affordable housing. Unified Funding is the method by which applicants may request with one streamlined application full or partial funding and/or seed money from DHCR/HTFC to undertake housing projects, and by which staff evaluates, recommends and processes projects for funding. Prior to the adoption of Unified Funding, applicants were required to submit numerous applications, with varying deadlines.
Through the Unified Funding process applicants may apply for funding from a number of DHCR/HTFC administered programs, including the HOME Program covered by this Consolidated Plan. However, application content, submission timeframes, and specific review steps will vary, depending upon the program(s) from which funds are being requested.
A commenter requested that DHCR formulate an effective plan to deal with the displacement of people with disabilities from Project-Based Section 8 and Mitchell-Lama buildings that are opting out of these programs.
Response:
The nature of the Mitchell Lama issue is as complicated as any that embraces 400 developments and 165,000 apartments, over a period of 50 years, where approximately half a million people, families and seniors live.
Most of these Mitchell-Lama developments were constructed more than 25 years ago and are in need of major rehabilitation of critical building systems like heating, windows, roofs, elevators and facades. Some are sited on what is now prime real estate where values have risen geometrically; others exist in soft markets where they compete with low cost private housing. The buyout issue is one in a myriad of issues the portfolio is facing.
Mitchell-Lama housing companies currently provide housing for many low and moderate income New Yorkers. For decades, these companies have received real property tax exemptions that have allowed them to keep their rents affordable. These tax exemptions will expire when the housing companies pay off their mortgages, or after a specified period of time. Without these exemptions, the housing companies could be forced to convert to private ownership and raise rents in order to cover tax increases. As a result, an important source of low and moderate housing would be lost.
However, in effort to address this issue, in 2003 Governor Pataki signed into law legislation that would extend the period of tax exemption up to fifty years, at local option, as long as the housing company continues to provide affordable and regulated housing under the Mitchell-Lama program.
Several commenters recommended that DHCR encourage the State Legislature to expand the Senior Citizen Rent Increase Exemption (SCRIE) Program to include people with disabilities.
Response:
On July 12, 2005, Governor Pataki signed Chapter 188 of the Laws of 2005, which authorizes local governments to grant exemptions from rent increases for people with disabilities of limited income who reside in rent-controlled, rent-subsidized, or Mitchell-Lama housing. Its provisions grant people with disabilities the same protection from rent increases that are now provided for low-income senior citizens under the Senior Citizen Rent Increase Exemption (SCRIE) Program. This new law, which DHCR proudly supported, became effective on October 10, 2005.
Several commenters suggested that it should be required that all programs that apply for funding are accessible to persons with disabilities, which means that all materials must be available in alternative format, such as large print or Braille and American Sign Language interpreters must be available upon request.
Response:
Within the context of the Citizen Participation Plan for the 2006-2010 Consolidated Plan, it was stated in all Public Hearing Notices that accommodations for persons with disabilities would be made available upon request. Interpreters would also be available upon request to meet the needs of non-English speaking persons. Individuals who required other accommodations regarding the hearings were asked to call DHCR's toll-free number, 1-866-ASK-DHCR (275-3427).
With respect to other publications, outside of the purview of this Plan, DHCR/HTFC has, and will continue to consider and facilitate any reasonable request to accommodate persons with both physical disabilities and sensory impairments.
A commenter requested that the Consolidated Plan identify the need to support the rebuilding of the network of Rural and Neighborhood Preservation Programs.
While not specifically covered under this Plan, DHCR and the Preservation Companies have enjoyed a long and rich history of partnership that goes back many years. DHCR is committed to working with both Rural and Neighborhood Preservation Companies to make improvements and efficiencies to the Program. DHCR has always encouraged its N/RPC's to propose innovative ideas which assist them in their efforts to provided services to people in their service area.
DHCR commits that it will to continue to work collaboratively with the entire housing network of New York State to expand and preserve the availability of affordable and accessible housing opportunities. Our work requires collaboration between the rural and the urban sides of the Network, as increasingly decisions made in urban communities have a direct impact on neighboring rural ones. Maintaining a dialogue on matters of common interest is critical.
Several commenters stated that the objectives for the CDBG Small Cities program should include the goal of increasing the supply of accessible, affordable, and integrated housing options.
Response:
The goals of the Governor's Office for Small Cities are pursuant to the national goals set forth in Title I of the Housing and Community Development Act. The primary goal of the CDBG Small Cities Program is "the development of viable communities, by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate incomes." GOSC also incorporates the goal to ensure flexibility to address community priorities. The Small Cities program feels that these goals encompass increasing independence, accessibility, affordability, and integrated housing options within the national goals stated in the Action Plan. The Small Cities program goals are designed to be flexible in order to meet local government needs and the needs of their residents, including disabled persons.
Several commenters stated that applicants for funding to construct new housing units must be required to assure compliance with Section 504 of the Rehabilitation Act of 1973 which mandates that 5% of the units be fully accessible for people with mobility impairments and 2% of the units be fully accessible for people with sensory impairments. According to these commenters, applicants for this funding should receive additional points for increasing these set aside units to 10% and 4%, respectively and even more points for making 100% accessible.
These commenters also stated that direct homeownership assistance funding should be ear-marked for home modifications to make a house accessible for a person with a disability.
Several commenters stated that applicants for direct homeownership assistance should be required to demonstrate that they have reached out to persons with disabilities as potential homeowners.
Several commenters stated that any rehabilitation project should ensure that the completed units meet basic accessibility requirements.
Response:
The CDBG program does require that all recipients comply with Section 504 of the Rehabilitation Act as stated in our Grant Administration Manual distributed to all grantees. For the funding category "Construction of New Affordable Housing" the GOSC states that the construction of accessible new housing units intended to serve a non-senior population of disabled persons, or the modification of existing buildings into fully-accessible apartments, are eligible activities. Such purposes are eligible as last resort housing, when no or insufficient units are available locally. GOSC will also take extra steps to remind potential applicants that such activities are eligible. Advocates for the disabled can request their municipalities to apply for CDBG funds to construct such units. The Small Cities program would certainly consider a request from a municipality working with a non-profit organization such as an Independent Living Center to construct several fully accessible units for low- and moderate-income, non-senior, persons with disabilities; or to set up a homeownership program targeting persons with disabilities, that dedicates a portion of program funds for the purpose of incorporating modifications needed by the purchaser households.
Housing Rehabilitation and Homeownership grantees may use CDBG funds to provide handicapped accessible retrofits to existing eligible units. Grant recipient staff typically make home visits to persons with disabilities who wish to apply for assistance in either category. However, grant applicants and recipients are encouraged to perform additional, proactive outreach to local disability centers, advocates and individuals to encourage their participation in funded projects. Applications are welcome from eligible municipalities that incorporate program design elements with a special focus on serving the housing needs of their physically disabled residents. As noted previously, however, the CDBG program does not concur with the view that all units rehabilitated with CDBG funds should meet basic accessibility guidelines, as the additional expense is not justifiable when the current owners/tenants of such units are not handicapped, and the stated use of funds is to address housing deficiencies and hazards.
Several commenters stated that public transportation projects funded through the public facilities options should be guaranteed to be 100% accessible for people with disabilities and if the provider operates a para-transit system, no funding should be granted unless the para-transit is providing next day service to all its riders.
Response:
In regard to public transportation projects, though these projects are eligible under the Small Cities program, to date we have not received any applications requesting funds for public transportation. Applications of this sort would typically not be very competitive due to the high demand in other areas such as housing and public facilities.
Several commenters stated that applicants for public facilities should be required to demonstrate that their facilities are physically accessible to people with disabilities. According to these commenters, all projects that apply for funding under the public facilities category should be required to assure that the structure and/or program is usable by individuals with all types of disabilities.
Several commenters stated that applicants for the CDBG funding should receive additional points for projects that improve accessibility or employment for persons with disabilities unless these are included in the "Program Impact" criteria.
Response:
In regard to public facility projects funded by the Small Cities program, Recipients are required to take affirmative steps to ensure that qualified persons with disabilities are informed of the availability of program services or activities, and the Recipient's activities or services are readily accessible to, and usable by, individuals with disabilities. Recipients must ensure that CDBG programs and activities are accessible, both structurally and administratively, to handicapped and disabled persons.
The Action Plan was amended to clarify that such projects will be more competitive when their design includes modules accommodating mobility, visual and auditory disabilities where relevant.
Several commenters stated that DHCR should require that all shelters that apply for funding are physically accessible for persons with disabilities. According to these commenters, DHCR should require that all programs that apply for funding are accessible to persons with disabilities. This means that all materials must be available in alternative formats (such as large print or Braille) and American Sign Language Interpreters must be available upon request.
Response:
The Emergency Shelter Grant Program is funded by the U.S. Department of Housing and Urban Development (HUD). All Applicants that apply for funding through the Emergency Shelter Grant Program (ESGP) must certify that they comply with the requirements of building standards as per 24 CFR 576.75. Additionally, shelters constructed must meet local building code. In response to the comments, OTDA will award priority to proposals that demonstrate accessibility for persons with disabilities. Priority will also be awarded for those agencies that can provide materials in alternative formats.
Appendix III
Appendix IV
Appendix V
Last updated on 03/09/06