Section 71. Conditions precedent to state loans  


Latest version.
  • 1. No loan shall be made
      unless the commissioner finds that: (a) the  project  is  in  conformity
      with a plan or undertaking for the clearance, replanning, reconstruction
      or  rehabilitation of a substandard and insanitary area or areas and for
      recreational and other facilities incidental or appurtenant thereto;
        (b) The municipality in which  such  project  is  to  be  located  has
      enacted   or  will  enact  zoning  regulations,  or  other  restrictions
      adequately protecting the area or areas in which the project  is  to  be
      undertaken, against future uses likely to depreciate unduly the value of
      such project;
        (c)  The estimated revenues, including any governmental grants, of the
      project or part for which such loan is to be made will be sufficient  to
      cover  all probable costs of operation and maintenance, of fixed charges
      and operating and depreciation reserves;
        (d) The plans and  specifications  conform  or  will  conform  to  the
      requirements  of  this  and  all other laws applicable thereto, assuring
      adequate light, air, sanitation and fire protection;
        (e) Adequate open  spaces  for  recreation  are  provided  within  the
      project  or  provision  therefor  has  been  made  conveniently near the
      project; stating the manner in which such spaces  are  provided  or  are
      proposed to be within the project or near thereto;
        (f)  Adequate  school  facilities  are  near  the project or provision
      therefor has been made, listing such facilities;
        (g) The occupants of the proposed  housing  accommodations  will  have
      convenient access to probable places of employment;
        (h)  That an adequate number of dwelling units especially designed for
      the convenience and safety of aged persons as  may  be  defined  by  the
      commissioner  shall be provided where a survey of the community in which
      the project is located indicates a need  therefor,  and  that  provision
      will be made to insure that such aged persons shall have priority in the
      rental thereof. Where all, or substantially all of the dwelling units in
      a  project  have been especially designed for the convenience and safety
      of aged persons, the  finding  required  under  paragraph  (f)  of  this
      subdivision need not be made.
        (i)  an  adequate number of dwelling units especially designed for the
      convenience and safety of handicapped persons as may be defined  by  the
      commissioner  shall be provided where a survey of the community in which
      the project is located indicates a need therefor, that provision will be
      made to insure that such handicapped persons shall have priority in  the
      rental   thereof,   and   that  a  project  is  designed  to  facilitate
      unobstructed ingress to and egress from a project.
        2. Such findings shall be conclusive evidence  of  the  facts  therein
      contained  except  upon  proof  of  fraud  or  wilful misfeasance by the
      commissioner.