§ 6276 — Agreements with dormitory authority

§ 6276. Agreements with dormitory authority. (a) To fulfill the\npurposes contained in subdivision a of section sixty-two hundred\nseventy-three of this article, the fund may enter into leases, subleases\nor other agreements with the dormitory authority to which the board of\nhigher education may be a party under which the authority may provide\nfacilities for the use of the city university. The fund may enter into\nan agreement with the dormitory authority to which the board of higher\neducation and the city of New York shall be parties under which the\nauthority may acquire, design, construct or otherwise provide and\nfurnish and equip facilities for the use of Hunter College which may\ninclude therein a police and fire station upon a site set forth in and\nin accordance with the terms of such agreement, as authorized in\nparagraph f of subdivision two of section sixteen hundred eighty of the\npublic authorities law. The provisions of the dormitory authority act\nshall govern the relationships of the dormitory authority, the fund, and\nthe board of higher education in the city of New York with respect to\nall such leases, subleases or other agreements and actions thereunder,\nand the fund may apply to the payment of rentals and other payments\nrequired from the fund by any such leases, subleases or other agreements\nand may pledge as security for such payments to the dormitory authority\nwith respect to such leases, subleases or other agreements all or part\nof the resources of the fund. The dormitory authority shall not issue\nobligations for the provision of a senior or community college facility\nunless a certificate of availability of funds has been approved by the\ndirector of the budget and an appropriation for such facility has been\nenacted.\n (b) Neither the state, nor the city or the city university of New\nYork, shall be liable for any rentals payable by the fund pursuant to\nthe terms of any lease, sublease or other agreement entered into by the\nfund under this article. Any such lease, sublease or other agreement\nshall contain among its terms a statement to that effect.\n (c) Housing units provided under this article for faculty, staff and\nmarried students and the families thereof shall be used and occupied\npursuant to leases or other agreements between the faculty, staff and\nmarried students and the city university, the provisions of which have\nbeen approved by the dormitory authority and the city university\nconstruction fund. There shall be paid to the city university, pursuant\nto such leases or other agreements by such faculty, staff and married\nstudents, except the chancellor of the city university and the\npresidents of any of the senior colleges or graduate institutions\nthereof and their families, rentals, the total amount of receipts from\nwhich rentals in each city fiscal year is to be at least equal to (i)\nthe portion of the rentals to be paid to the dormitory authority by the\nfund in that city fiscal year which is allocable to such housing units\nand (ii) the expense of all direct and indirect costs of operation of\nsuch housing units. From such receipts the city university shall account\nfor and pay to the fund an amount equal to the portion of the rentals to\nbe paid to the dormitory authority by the fund in that city fiscal year\nwhich is allocable to such housing units, and the fund shall pay such\namount to the dormitory authority in accordance with its agreements\ntherewith. The estimated amount of rentals allocable to such housing\nunits shall be separately stated from the amount required to be included\nin the city university construction fund's report submitted pursuant to\nclause three of subdivision seven of section sixty-two hundred\nseventy-four of this article and shall not be included in the amount\nequal to the aggregate of all rentals and such other payments due to the\ndormitory authority from the fund of which the state and city are each\nobligated to pay to the fund one-half pursuant to section sixty-two\nhundred seventy-nine of this article.\n (d) Any pledge of or other security interest in moneys, earnings,\nincome, revenues, accounts, contract rights, general intangibles or\nother personal property, or any other resources held, made or created by\nthe fund or on its behalf by any duly authorized officer, employee or\nagent thereof including the comptroller of the city of New York when\nacting as agent pursuant to this article or by any other person to\nsecure such person's obligations to the fund, shall be valid, binding\nand perfected from the time when such pledge or other security interest\nattaches, without any physical delivery of the collateral or further\nact. The lien of any such pledge or other security interest shall be\nvalid, binding and perfected as against all parties having claims of any\nkind in tort, contract or otherwise against the fund irrespective of\nwhether or not such parties have notice thereof. No instrument by which\nsuch a pledge or other security interest is created nor any financing\nstatement need be recorded or filed. This subdivision shall apply\nnotwithstanding the provisions of the uniform commercial code.\n