Mohawk Valley and 2013 Upstate Flood Recovery Program
Background:
On June 28, 2013, Governor Andrew M. Cuomo issued a Disaster Declaration in
response to the devastating floods that occurred between June 26th and July 3rd in the
Mohawk Valley and Niagara County. On July 17, 2013, the Governor created the
Mohawk Valley and 2013 Upstate Flood Recovery Program to provide assistance to
those homeowners, business owners, and farmers who were victims of the floods. The
Program is intended to provide immediate recovery assistance to victims and to address
gaps in coverage for impacted homeowners, business owners and farmers. This program
will also designate these impacted communities as Community Reconstruction Zones,
providing additional funds for assistance with long-term recovery and planning to address
future events.
Purpose:
While full damage assessments and impacts have yet to be completed, this program
constitutes a $16 million commitment of state dollars to provide much needed assistance
in as timely a fashion as possible in order to get help where it is needed most, as quickly
as possible.
Fund Administration:
The Mohawk Valley and 2013 Upstate Flood Recovery Program (the Program) is a
coordinated effort led by NYS Homes and Community Renewal (NYSHCR). Under the
Program, homeowners, small business owners and farmers or farm operations located in
the following counties may be eligible to receive funding assistance; subject to the
documentation of flood-related damage, documentation of uninsured losses and the
availability of funds:
County
Herkimer
Madison
Montgomery
Niagara
Oneida
Total Funding
Available Funding
$ 4,000,000
$ 3,000,000
$ 4,000,000
$ 2,000,000
$ 3,000,000
$16 million
An additional $16 million was allocated to the Program to ensure all eligible applicants
received necessary assistance. The available funds will offset costs associated with the
floods that are not covered by other sources.
1
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Eligible Activities
Housing - Homeowners
Objective: To help address the immediate needs of homeowners areas impacted by the
June and July 2013 floods, including the rehabilitation, repair, reconstruction or buyout
of flood-damaged 1-2 unit residential owner-occupied properties in eligible counties.
Maximum Individual Award: $31,900; maximum; award for buyouts to be based on
pre-storm fair market value of storm-damaged properties. More information on buyouts is
available below.
Applicant Eligibility: Residential property owners in the eligible counties of Herkimer,
Madison, Montgomery, Oneida and Niagara. The types of units that may be assisted
include single-family homes, semi-detached units, row houses/townhouses,
condominiums, cooperatives, manufactured housing, and mobile homes. Property owners
must have occupied the property as their primary residence at the time of the storm.
Property owners should maintain the property as their primary residence after receipt of
assistance for three years; and obtain flood insurance if the residence is located within the
100 year flood plain. Property owners may sell the property upon completion of the
repairs only if the award recipient will continue to reside in New York State for the
regulatory period of three years. Award recipients that sell within the three year period
should make a good faith effort to sell the home to purchasers interested in owning the
home as a primary residence. Receipts and documentation of repairs must be retained for
up to three years.
Activity Eligibility: Funds for the reimbursement of interior and/or exterior repairs to
structural damage caused by the floods, and other related costs, as well as for the repair
and/or replacement of permanent fixtures. Applicants whose homes were destroyed by
the floods may also be eligible for buyout of their property.
Manufactured housing and mobile homes are generally not considered real property but
fall under the “homeowners” category for this flood program. Because it is not real
property owners of manufactured housing or mobile homes may use funds for demolition
or removal of units condemned by a government agency. If the manufactured or mobile
home is condemned as a result of the flood event covered by this program, funds may be
used towards the purchase of a new manufactured or mobile home. However, the owner
is required to maintain the new unit as their primary residence for three years. The
individual must also retain any receipts or documentation related to the
demolition/removal of the flood-damaged unit and the purchase of the new unit.
Eligible Costs: Eligible Housing Activities may include the repair/replacement of
damage to real property, including, but not limited to:
2
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
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Roof repair/replacement
Window/door repair/replacement
Siding repair/replacement
Flooring repair/replacement
Drywall/finishing to pre-event condition
Insulation
Bathroom repair/rehabilitation
Foundation repairs
Kitchen cabinet replacement
Well/septic replacement or connection to municipal system
Electrical system repair/replacement from the weatherhead
Attached or detached garage repair/rehabilitation
Replacement of disaster-impacted non-luxury residential appliances,
including, but not limited to:
 Stoves
 Refrigerators
 Water heaters
 Heating Systems
 Fuel tanks (oil/propane but not actual fuel replacement)
 Water filtration systems
 Washing machines and/or dryers
Environmental Health Hazard Mitigation costs related to the repair or
rehabilitation of disaster-impacted property (i.e. lead based paint
abatement, asbestos removal, mold remediation, or other health hazards)
including testing and clearance requirements.
Limited personal property such as clothing, household goods, furniture
from the interior of the home, and equipment related to small businesses
operating out of the home or that allowed the homeowners to telecommute
(unless equipment was purchased/leased by the employer).
Temporary storage unit rental
Manufactured housing/mobile homes only: 1) Removal and disposal of
unit that is condemned or otherwise determined to be uninhabitable by a
municipal, state, or federal government agency; and/or 2) if unit is
condemned funds may be used towards purchase of a new unit.
Ineligible Costs:
 Second homes or vacation homes are ineligible for assistance.
 Non-residential buildings that are not attached to the primary residence.
This includes, but is not limited to:
 Pools
 Pool houses
 Hot tubs
 Sheds
3
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
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Swing sets/playground equipment
Personal Property such as vehicles, lawn or patio furniture
Most smaller appliances including, but not limited to:
 Microwaves
 Portable Heaters
 Window Unit Air Conditioners
 Any small countertop appliances, including, but not limited to,
coffee pots, toasters, toaster ovens, blenders, etc.
Landscaping.
Heating or cooking fuel replacement.
4
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Housing - Renters
Objective: To help address the immediate needs of renters impacted by the June and July
2013 floods, including the repair or replacement of personal property within the rental
unit.
Maximum Individual Award: $31,900; maximum.
Applicant Eligibility: Individuals or families renting units as their primary residence in
the eligible counties of Herkimer, Madison, Montgomery, Oneida and Niagara. Renters
living in single-family homes, semi-detached units, row houses/townhouses,
condominiums, cooperatives, manufactured housing, and mobile homes may be eligible
for assistance. Renters must have occupied the property as their primary residence at the
time of the storm.
Activity Eligibility: Funds for the reimbursement of repairs to real property, and other
related costs, as well as for the replacement of permanently damaged property.
Eligible Costs: Eligible Rental Housing Activities may include the repair/replacement of
damage to personal property, including, but not limited to:
 Replacement of damaged or destroyed clothing for family residing in the rental
unit
 Replacement or repair of furniture including, but not limited to:
o Sofa up to 8 feet in length
o Tables, buffets, credenzas
o Kitchen table and chairs
o Bedroom furniture such as beds and dressers
o Desks, computers, and home office equipment
 Personal cell phone (up to one per resident of the rental unit)
 Temporary storage unit rental
 Security deposit to rent new unit if existing unit is not available due to damage
caused by or related to the flooding
Ineligible Costs:
 Table lamps
 Carpets such as throw rugs or other temporary carpeting
 Most smaller appliances including but not limited to
o Microwaves
o Portable Heaters
o Window Unit Air Conditioners
o Any small countertop appliances, including, but not limited to, coffee pots,
toasters, toaster ovens, blenders, etc.
 Personal electronics such as tablets and MP3 players
 Food
 Personal tools such as drills, saws, screwdrivers, or hammers
5
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
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Landscaping equipment such as lawn mowers
Lawn or other exterior furniture including patio furniture and swing sets
Vehicles
Heating or cooking oil replacement
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Small Business
Objective: To help address the immediate needs of local small businesses impacted by
the June and July 2013 floods, including the rehabilitation, rebuilding, and/or
reconstruction of flood-damaged commercial buildings in eligible counties.
Maximum Individual Award: $50,000
Applicant Eligibility: Small businesses and commercial property owners in eligible
counties of Herkimer, Madison, Montgomery, Niagara and Oneida Counties. Small
businesses that are run from the home apply under the Housing category.
Activity Eligibility: Funds for the reimbursement of interior and/or exterior repairs to
structural damage caused by the floods, and other related costs, as well as for the repair
and/or replacement of permanent fixtures and equipment, as well as for inventory and
working capital losses caused by the floods, and other related costs.
Eligible Costs: Eligible Small Business Activities include, but are not limited to:
 Purchase of equipment, materials, inventory, furniture, fixtures
 Construction, rehabilitation, reconstruction of flood damaged buildings
 Engineering, architectural, and/or design costs
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Farms and Farm Operations
Objective: To help the agricultural industry and farming areas impacted by the June and
July 2013 floods recover uninsured losses by providing emergency funding to help with
on farm capital needs.
Maximum Individual Award: $50,000
Applicant Eligibility: Farm operations as defined in Article 25AA of the Agriculture and
Markets Law and/or those that raise or grow the following are eligible to apply for
funding: Livestock, including dairy – and/or – Fruits, vegetables, bedding plants, nursery
and flowers.
Activity Eligibility: Funds for the reimbursement of damaged or destroyed capital
equipment, structural supports for farm products, and storage equipment.
Eligible Costs:
On-Farm Capital Projects – Up to a maximum of $50,000 in funding to provide
assistance to capital projects which include, but are not limited to, the following:
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Bulk tanks and storage bins
Hoop houses, high tunnels
Permanent Equipment and fixtures
Structural supports for orchards and vineyards
Root stock for orchards and vineyards
Certain farm product inventory including but not limited to lost or
destroyed seed, fertilizer, pesticides, etc.
Ineligible Costs:
Ineligible on-farm capital projects including, but not limited, to the following:
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Repair or replacement of tractor, farm implement or other rolling stock.
Repairs to non-farm structures or equipment (i.e. farmhouses or personal
property)
Crop loss or damage including prevented planting or harvesting
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Eligible Time Period:
Eligible loss must have occurred as a result of flooding events caused by heavy and
persistent rainfall and flooding in eligible counties. Eligible damage and related costs
must be incurred within the following time frames:
June 26, 2013 – July 3, 2013
Application Requirements:
Program details are still being finalized; complete application instructions and
requirements are not yet available. Affected homeowners, small businesses and farms are
encouraged to visit http://www.nyshcr.org/Programs/NYS-Flood to register today or to
call Homes & Community Renewal at (518) 474-2057 for information on how to receive
assistance. All registrants will be contacted as soon as final application information is
made available.
Applications must be RECEIVED by 4:00 p.m. Friday, August 23, 2013.
NYS Homes & Community Renewal
Mohawk Valley and 2013 Upstate Flood Recovery Program
Hampton Plaza
38-40 State Street
Albany, NY 12207
Appeals:
Applicants denied funds from the Program or dissatisfied with the award amount may file
an appeal with the state in writing. Those interested in appealing the funding award may
still cash the check and continue with the appeal. Cashing the check (or depositing the
funds) does not preclude the recipient from participating in the appeal process. However,
Once the check is cashed the award recipient otherwise agrees to adhere to program rules.
Applicants have 30 days from the date of the award notification letter to file the appeal
request. The appeal request should include copies of any and all documentation the
applicant feels is appropriate to justify overturning the initial determination by the state.
Appeals should be sent to:
NYS Homes & Community Renewal
Office of Community Renewal
The Hampton Plaza
38-40 State Street
Albany, NY 12207
ATTN: Mohawk Valley and 2013 Upstate Flood Recovery Program
Return of Funds:
If you are approved for or receive any other assistance for the repair or rebuilding of your
home or business that results in duplicative funds for the same expense you must notify
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
NYS HCR in writing, sent to the MV Flood Recovery Program. In such case, you may be
required to return all or a portion of this award; checks for returned funds should be
made out to the Housing Trust Fund Corporation. Further, if you unable or unwilling
to adhere to the program requirements checks can be sent to the same address mentioned.
Buyouts:
Applicants interested in the buyout program will be contacted by the state at a later date.
There will be a separate application process and program requirements for those
participating in the buyout. At a minimum, applicants interested in the buyout must 1)
have substantial damage to their home; 2) the home is located in the 100 year flood plan;
and 3) funds awarded to homeowners is the maximum allowed by the program ($31,900).
Substantial damage means damages amounting to 51 percent or more of the homes value
prior to the flood event. The buyout program is available only to program participants in
the homeowner category; renters, farms, and small businesses are not eligible.
Award recipients may use the $31,900 to make repairs to the home so that it is livable
and still participate in the buyout program. If repairs are made to the home with these
funds and the home is ultimately purchased by NYS HCR the funds will not be counted
against the purchase price.
More information on the buyout program will be made available on the NYS HCR Flood
Program web site at http://www.nyshcr.org/Programs/NYS-Flood.
Ineligible Letters
Applicants that do not receive an award will be notified in writing by NYS HCR. The
notification will include the reason an applicant is not eligible for participation in the
program and the process for requesting that the agency reconsider the determination.
Applicants may be found ineligible for one of the following reasons:
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Ineligible Losses: Certain items, types of facilities, and categories of loss are not
covered within this program. Further details on what types of loss are eligible and
ineligible can be found online at www.nysfloodrecovery.com.
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Non-Primary Residence/Rental Properties: Applicants seeking assistance for
property that was not their primary residence at the time of the storm, such as
non-owner occupied rental properties, are not eligible for assistance through the
program. Assistance for this type of property may be available through the Small
Business Administration Disaster Loan Program. Details on that program can be
found online at: http://www.sba.gov/category/navigation-structure/loansgrants/small-business-loans/disaster-loans.
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Property Located Outside of the Program Boundaries: The program exclusively
covered eligible homeowners, renters, small businesses, and farmers/farm
operations in Montgomery, Oneida, Herkimer, Madison, and Niagara counties.
10
NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Those applicants with damaged property which is not located within one of these
counties are deemed ineligible for assistance
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Losses Covered by Insurance: Applicants who had a total verified damage amount
that was matched by, or exceeded by, their insurance award(s) are ineligible for
assistance from the program.
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Damage Occurred Outside of Eligible Program Dates: The program exclusively
covers eligible losses that occurred between June 26th and July 3rd, 2013. Those
who applied for damage that was incurred outside of this time period are
ineligible for assistance.
Those seeking a reconsideration should explain, in writing, why the applicant
disagrees with the determination within 30 days of the date of the ineligible letter.
Further, the reconsideration should include copies of any new or additional
documents supporting the request. Examples of such documentation may include,
but is not limited to, the following: Receipts, bills, and estimates related to home
repairs and expenses incurred since the disaster; documentation of eligibility, such
as proof of ownership, verification of occupation, or tax statements; and
supporting cost estimates and insurance awards. NOTE: Keep all original
documents for your records; only send copies of the documents with your request
for reconsideration and review.
Reconsideration requests should be sent to:
NYS Homes & Community Renewal
Office of Community Renewal
The Hampton Plaza
38-40 State Street
Albany, NY 12207
ATTN: Mohawk Valley and 2013 Upstate Flood Recovery Program
Definitions:
For the purpose of the Program, the following terms will be defined as follows:
Applicant: any resident, small business, farm, or farm operation that may apply for a
grant pursuant to the Program.
Affected Areas: counties identified by the Governor or his designee that were damaged
and are eligible under the provisions of the Program. Those counties are: Herkimer,
Madison, Montgomery, Niagara, and Oneida.
Amount of Loss: the total estimated loss suffered by the Applicant.
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood
Application: the form developed by NYSHCR for purposes of this program and made
available to Applicants.
Compensation: an award, grant or insurance reimbursement per household or business for
any loss suffered by an Applicant as a result of the flooding that occurred between June
26 and July 3, 2013.
Proof of Business or Farm Operation is 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 NYSHCR.
All Proof of Business Operation documentation pursuant to the application must
evidence operation of business at the time of the flooding.
Proof of Loss: the documentation that NYSHCR, 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 of a damage estimate from a contractor, or engineer, an
insurance claim adjuster, a government agency, or other entity, or person deemed
acceptable by NYSHCR for Eligible Project Costs;
(2) An invoice which documents Nature of Loss and Eligible Project Costs;
(3) Such other report or document deemed acceptable by NYSHCR.
All documents or reports must directly relate to damage or destruction caused by
the flooding.
Proof of Residence: recorded deed, mortgage statement, real property tax bill, or other
proof of residence deemed acceptable by NYSHCR.
Small Business: those with 100 or fewer full-time employees (or FTE equivalents),
including sole proprietorships, located within the eligible counties
Substantial Damage: damage to the home in a dollar amount that is 51 percent or more
than the value of the home prior to the flood event.
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NYS Flood Recovery Program
Program Guidelines; Version 5.0
Current as of Tuesday, February 09, 2016
http://www.nyshcr.org/Programs/NYS-Flood