§ 26-B — Special provisions with respect to state urban development corporation projects

New York § 26-B

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 2: Limited-profit Housing Companies

Text

§ 26-b. Special provisions with respect to state urban development\ncorporation projects. 1. No loan shall be made by the state, the New\nYork state housing finance agency, or the state urban development\ncorporation for the acquisition, construction, reconstruction,\nrehabilitation or improvement of a state urban development corporation\nproject, nor shall any such project be approved by the commissioner,\nunless the commissioner finds that:\n (a) the estimated revenues of the project will be sufficient to cover\nall probable costs of all operations and maintenance, of fixed charges\nand operating reserves and depreciation reserves, if any;\n (b) the plans and specifications of the project assure adequate light,\nair, sanitation and fire protection;\n (c) the project is in conformity with a plan or undertaking for\nproviding low rent housing facilities for persons of low income and for\nthe clearance, replanning, reconstruction or rehabilitation of a\nsubstandard and insanitary area or areas and for other facilities\nincidental or appurtenant thereto as may be approved by the\ncommissioner.\n 2. Any state urban development corporation project shall comply with\nthe requirements of local laws, ordinances, codes, charters or\nregulations applicable to the construction, reconstruction,\nrehabilitation, alteration or improvement of such project, except where\nthe state urban development corporation, in its discretion, finds such\ncompliance not feasible or practicable, in which event such project\nshall comply with the requirements of the state building construction\ncode, formulated by the state building code council pursuant to article\neighteen of the executive law, applicable to such construction,\nreconstruction, rehabilitation, alteration or improvement. No county,\ncity, town or village shall have power to modify or change the drawings,\nplans or specifications for the construction, reconstruction,\nrehabilitation, or improvement of any such project or the construction,\nplumbing, heating, lighting or other mechanical branch of work necessary\nto complete the work in question, nor to require that any person, firm\nor corporation employed on any such work shall perform any such work in\nany other or different manner than that provided by such plans and\nspecifications, nor to require that any such person, firm or corporation\nobtain any other or additional authority, approval, permit or\ncertificate from such county, city, town or village as a condition of\ndoing such work, nor shall any condition whatever be imposed by any such\ncounty, city, town or village in relation to the work being done, and\nthe doing of any such work by any person, firm or corporation in\naccordance with the terms of such drawings, plans, specifications or\ncontracts shall not subject said person, firm or corporation to any\nliability or penalty, civil or criminal, other than as may be stated in\nsuch contracts or incidental to the proper enforcement thereof; nor\nshall any county, city, town or village have power to require that any\nsubsidiary of the New York state urban development corporation, or any\nlessee therefrom or successor in interest thereto, obtain any other or\nadditional authority, approval, permit, certificate or certificate of\noccupancy from such county, city, town or village as a condition of\nowning, using, maintaining, operating or occupying any project acquired,\nconstructed, reconstructed, rehabilitated or improved by any such\nsubsidiary of the New York state urban development corporation.\n 3. Notwithstanding any other provision of this article, in the case of\na state urban development corporation project financed or to be financed\nby a loan from the state urban development corporation, the corporation\nshall exercise, with respect to such project and with respect to the\ncompany carrying out such project, all of the powers and duties\nexercised by the commissioner pursuant to this article with respect to\nprojects financed by the New York state housing finance agency until\nsuch project, or any part thereof, is ready for initial occupancy as\ndetermined by the commissioner, and thereafter, upon the issuance by the\ncommissioner of a certificate of assumption of supervision, such project\nshall be subject to the supervision and control of the commissioner and\nthe New York state division of housing and community renewal, which\nshall have the same powers and responsibilities with respect to such\nproject as they would have if such project were aided by a loan from the\nstate or the New York state housing finance agency under this article\nand which shall assume the additional powers and responsibilities with\nrespect to such project theretofore conferred on the corporation by law\nor contract. The corporation and the commissioner of housing and\ncommunity renewal shall take such actions and execute such documents as\nmay be necessary to implement this subdivision.\n