Section 696-A*2. Loans  


Latest version.
  • Notwithstanding  the  provisions  of any general,
      special or local law, an agency is hereby authorized to make or contract
      to make grants or loans: (i) to the owner of any property that  is  part
      of  an  urban  development  action  area  project  for  the  purpose  of
      rehabilitation of an existing private or multiple dwelling, (ii) for the
      purpose of providing site improvements, including, but not  limited  to,
      water  and  sewer  facilities,  sidewalks,  landscaping,  the  curing of
      problems caused by abnormal site conditions, excavation and construction
      of footings and foundations and other improvements associated  with  the
      provision  of  infrastructure, or (iii) for the purpose of providing for
      other costs of construction for the development of private and  multiple
      dwelling  housing accommodations. In the case of a grant made under this
      section for the rehabilitation of an existing multiple dwelling intended
      to be converted to a condominium or cooperative form of ownership or for
      the development  of  one  to  four  unit  housing  accommodations  or  a
      condominium or cooperative housing corporation, such grant shall require
      a  regulatory  agreement with the agency limiting profits. Any loan made
      in accordance with this section shall be secured by a note and  mortgage
    
      upon  the property improved or, in the case of a condominium, a note and
      mortgage upon each of the housing accommodations aided by such loan,  or
      in  the  case  of a cooperative housing corporation, a note and mortgage
      upon    the    economic   interest   in   such   corporation   of   each
      tenant-shareholder aided by such loan, or upon the property improved, or
      upon both such economic interest or property. Such loan shall be  repaid
      over  such  period  as the agency shall determine. In the case of a loan
      for rehabilitation of an  existing  multiple  dwelling  intended  to  be
      converted  to  a  condominium or cooperative form of ownership or a loan
      for the provision of infrastructure or for the provision of other  costs
      of  construction  for  the  development  of  one  to  four  unit housing
      accommodations or a condominium or cooperative housing corporation, such
      note and mortgage may provide  that  the  loan  shall  automatically  be
      reduced  to  zero  over  a  period  of  owner-occupancy  of  the housing
      accommodations assisted by such loan. In the case of  a  grant  or  loan
      made  under this section for the purpose of providing rental housing for
      persons of low income as defined in section two of the  private  housing
      finance  law,  such  loan  or grant shall require a regulatory agreement
      with the agency limiting profits and rentals charged. In the case  of  a
      loan made under this section for the purpose of providing rental housing
      for  persons  of  low  income  as  defined in section two of the private
      housing finance law, such note and mortgage may provide  that  the  loan
      shall  automatically  be  reduced  to zero over a period of up to thirty
      years of compliance by the owner with a regulatory  agreement  with  the
      agency  limiting  profits and rentals charged. The repayment of any loan
      made in accordance with this section shall be made in such manner as may
      be provided in such note and mortgage in connection with such loan,  and
      may  authorize  the owner, with the consent of the agency, to prepay the
      principal of the loan subject to such terms and  conditions  as  therein
      provided.  Such  note  and  mortgage  may  contain  such other terms and
      conditions not inconsistent with the provisions of this article  as  the
      agency  may deem necessary or desirable to carrying out the purposes and
      provisions of this article including, but  not  limited  to,  provisions
      concerning the repayment of the loan, the interest, if any, thereon, and
      other charges in connection therewith. For purposes of this section, the
      term  "mortgage"  shall  include  any  pledge or assignment of shares or
      assignment of a proprietary lease in a cooperative  housing  corporation
      where  such  pledge  or  assignment  is  intended  as  security  for the
      performance of an obligation and which imposes  a  lien  on  or  affects
      title to such shares or such proprietary lease.
        * NB Effective June 30, 2010