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