N.Y. Comp. Codes R. & Regs. tit. 9 § 510.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.2 - Definitions

For purposes of this Part, the following terms will be defined as follows:

(a) Applicant means any resident or small business that may apply for a grant pursuant to the program.

(b) Application means the form developed by SEMO for purposes of this Part and made available to applicants.

(c) Affected areas means those areas of southern Queens County referred to as Arverne, Laurelton, Rosedale and Springfield Gardens and which are identified by New York Postal Zones 11692, 11422 and 11413, as well as other areas of Queens County that SEMO, in its discretion, determines were damaged and are eligible under the provisions of the program.

(d) Certification means that part of the application where an applicant must certify that he or she is not engaging in any fraudulent conduct as well as provide other information deemed necessary by SEMO.

(e) Compensation means an award, grant or insurance reimbursement for any loss suffered by an applicant as a result of the Queens County Rainstorm.

(f) Eligible project costs means one of the following:

(1) For small businesses such costs shall include, but not be limited to, those necessary to replace or mitigate damage to real property, and appurtenances thereto, machinery and equipment, provided however that such costs shall not include direct compensation for revenue or income lost as a result of disruption in the operation of business due to the storm.

(2) For residents such costs shall include, but not be limited to, insurance deductibles or the difference between insurance coverage and actual replacement costs of a residence, personal possessions, temporary or emergency housing costs, demolition, debris removal and disposal, and the costs associated with the cleaning and salvage of personal possessions.

(g) Proof of business operation means one of the following:

(1) a "Doing Business As" (DBA) form duly filed with the office of a county clerk or office of the Secretary of State;

(2) a valid certificate of incorporation filed with the Secretary of State;

(3) a Federal or New York State tax identification number issued by the Internal Revenue Service or the New York State Department of Taxation and Finance; or

(4) any other form or document as may be acceptable to SEMO.

All proof of business operation documentation pursuant to this subdivision must evidence operation of business at the time of the Queens County rainstorm.

(h) Proof of residence means recorded deed, mortgage statement, lease, real property tax bill, or other proof of residence deemed acceptable by SEMO.

(i) Queens County rainstorm means the major natural disaster which began in the affected areas of Queens County on or about January 3, 1999.

(j) Resident means an individual renting, leasing or owning real property within the affected areas at the time of the Queens County rainstorm.

(k) Proof of loss means the documentation that SEMO, in its discretion, determines is necessary as part of an application for a grant and shall include one of the following documents:

(1) a damage report or a damage estimate from a licensed contractor, a licensed engineer, an insurance claim adjuster, a government agency, or other entity, or person deemed acceptable by SEMO for eligible project costs;

(2) an invoice which documents eligible project costs;

(3) a letter of denial of coverage from an applicant's insurer for eligible project costs; or

(4) such other report or document deemed acceptable by SEMO.

All documents or reports pursuant to this subdivision must directly relate to damage or destruction caused by the Queens County rainstorm.

(l) Small business means those with 500 or fewer full-time employees, including sole proprietorships, located with the affected areas.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 510.2