§ 16-05 Application Procedure.
a. An Applicant must apply for a grant by submitting a complete Application to DSBS. The Applicant shall have the burden of proving its eligibility to the satisfaction of the Program Director.
b. The Applicant must file its Application for a grant prior to the earlier of taking occupancy in the Eligible Move-In Site or signing a lease or Contract of Sale for the Eligible Move-In Site. An Applicant may apply for a grant if the Applicant took occupancy of, or signed a lease or Contract of Sale for, the Eligible Move-In Site prior to adoption of this chapter, provided that the Applicant took occupancy of, or signed a lease or Contract of Sale for, the Eligible Move-In Site following March 22, 2018, except as provided in 66 RCNY § 16-03(b)(2).
c. The Applicant shall provide all information required in the Application, including, but not limited to:
1. Applicant's name;
2. Telephone number;
3. Address of the location of Applicant's business in the Jerome Avenue Rezoning Area and the location of Applicant's business at the Eligible Move-In Site;
4. Number of employees to be relocated or located at the Eligible Move-In Site;
5. Length of occupancy at the Eligible Move-Out Site;
6. Names and addresses of the Applicant, including its principals, directors, and officers;
7. Names and addresses of any parent, subsidiary, or affiliated company of the Applicant; and
8. The name and title of the individual authorized to complete the Application on behalf of the Applicant.
d. The Applicant must submit the following documentation with the Application:
1. A complete and correct signed copy of the Applicant's lease for its Eligible Move-Out Site, demonstrating that the Eligible Business continuously operated at the Eligible Move-Out Site for at least twelve (12) months in the twenty-four (24) month period prior to March 22, 2018. If the Applicant does not possess such lease, the Applicant may demonstrate satisfaction of the occupancy requirement described in 66 RCNY § 16-03(a)(2) by submitting any of the following documents:
(a) copies of original canceled rent checks, or other method of payment deemed acceptable by DSBS, payable by the Applicant to the landlord, indicating the purpose of the payment and identifying the premises;
(b) insurance policies naming the Applicant as insured and identifying the premises;
(c) a letter from the landlord of the Eligible Move-Out Site certifying the term of occupancy; or
(d) other documentation, as determined acceptable by DSBS, based on industry standards, evidencing the Applicant's tenancy at the Eligible Move-Out Site.
2. An unexecuted lease for the Eligible Move-In Site with a term of at least one (1) year or an unexecuted Contract of Sale for the Eligible Move-In Site, except that a signed Contract of Sale may be submitted if consistent with the eligibility requirements set forth in 66 RCNY § 16-03(b)(2);
3. Such other information relating to the Applicant, the move-out site, or the move-in site deemed necessary by DSBS.
e. The Applicant must submit a statement, in a manner and form satisfactory to DSBS, that the Applicant is in compliance with, or will comply with, the following eligibility criteria:
1. Meets all eligibility criteria set out in these Rules, including a statement that the Eligible Business continuously operated at the Eligible Move-Out Site at least twelve (12) months in the twenty-four (24) month period prior to March 22, 2018;
2. Has not received funds from DSBS or from any other federal, state or city governmental sources to defray, pay or otherwise reimburse moving expenses incurred in connection with the Eligible Business' relocation from the Eligible Move-Out Site to the Eligible Move-In Site;
3. Will authorize DSBS to obtain any forms or data from governmental agencies, including quarterly unemployment insurance forms from the New York State Department of Labor, that DSBS may require to determine that the Applicant has not violated any agreement between it and DSBS or to conduct research to evaluate the impact of the Jerome Avenue Relocation Grant Program on business activity and employment in the City; and
4. Does not have any outstanding federal, state or city tax liabilities or other obligations, including, but not limited to, unpaid City judgments, liens, loans or funds in connection with other City agreements.
f. DSBS may require a site visit to verify that Applicant's Eligible Business in the Jerome Avenue Rezoning Area is a non-conforming use according to the new zoning and use groups. In order to verify that Applicant's Eligible Business is a non-conforming use, DSBS may require submission of the following documents:
1. Certificate of Occupancy of building, indicating use by floor, floors and/or building;
2. Lease;
3. Municipal, state or federal tax filings;
4. Advertisements or notices in trade journals;
5. Notarized statement(s) by both Applicant and landlord of move-out site attesting to business activity; and
6. Other documentation deemed necessary by the Commissioner of SBS to verify that Applicant's Eligible Business is a non-conforming use.
(Added City Record 9/19/2019, eff. 10/19/2019)
