Section 2. Definitions


Latest version.
  • The following terms, whenever used or referred to in
      this  chapter,  shall  have  the  following  meaning, unless a different
      meaning clearly appears from the context, or unless specifically defined
      in any of the articles of this chapter:
        1. "Area". A  section  of  a  municipality  which  is  substandard  or
      insanitary.  The term "substandard or insanitary area" shall mean and be
      interchangeable with a slum,  blighted,  deteriorated  or  deteriorating
      area,  whether  residential, non-residential, commercial, industrial, or
      vacant, or any combination thereof and may include land and buildings or
      improvements not in themselves insanitary or substandard, the  inclusion
      of which is necessary to effectuate a plan.
        2. "Assessed valuation." The value of any parcel of real property with
      respect  to  any  local  tax  thereon,  including  therein buildings and
      improvements as well as land, as assessed by  the  respective  official,
      bureau,  board, commission or agency charged with assessing the same for
      such local tax.
        3. "Authority." A public corporation as defined in subdivision two  of
      section three of the public housing law.
        4. "Banking institution." Any corporation, association or organization
      organized  under the banking laws of New York state or the United States
      which is authorized to transact business in this state.
        5. "City." A city in the state.
        6. "Commissioner." The commissioner of housing of  the  state  of  New
      York.
        7. "Comptroller." The comptroller of the state of New York.
        8.  "Condemnation."  The  acquisition  of  real property in the manner
      provided by any general, special or local law or city  charter  for  the
      acquisition  of real property by the municipality in which such property
      is to be taken.
        8-a. "Federal government." The government  of  the  United  States  of
      America or any agency or instrumentality thereof.
        9.   "Foundation."   Any   organization,  association  or  corporation
      organized for charitable purposes which shall  have  received  exemption
      from  federal  taxation  by  virtue  of  its  eleemosynary, religious or
      educational functions.
        9-a. "Home owners purchase note." A  promissory  note  accepted  by  a
      mutual company, mutual housing company, mutual redevelopment company, or
      housing  development  fund  company  which  is organized pursuant to the
      business  corporation  law  and  article  eleven  of  this  chapter,  as
      consideration for the issuance of shares entitling a person or family to
      occupancy  of  an  apartment in a project of such mutual company, mutual
      housing company, mutual redevelopment company,  or  housing  development
      fund company, as the case may be, payable over or within a period of ten
      years.
        10.  "Insurance company." Any insurance company authorized to transact
      business in this state.
        11. "Labor union." Any organization organized under the  laws  of  the
      state  of  New York and which exists and is constituted for the purpose,
      in whole or in part,  of  collective  bargaining,  or  of  dealing  with
      employers concerning grievances, terms or conditions of employment or of
      other mutual aid or protection for its members.
        12. "Local legislative body". In a city, the board of aldermen, common
      council, commission, or other board or body now or hereafter vested with
      jurisdiction  to enact ordinances or local laws, except that if there be
      in a city of one million population or more, a board  of  estimate,  the
      term  shall mean only such board of estimate; in a town, the town board;
      in a village,  the  board  of  trustees;  in  a  county,  the  board  of
      supervisors.
    
        13.  "Mortgage."  A mortgage, trust indenture, deed of trust, building
      and loan contract or other instrument creating a lien on real  property,
      and the indebtedness secured by each of them.
        14.  "Multiple dwelling." An existing building, accommodating three or
      more families living independently of each other.
        14-a.  "Mutual  company,"  "mutual   housing   company"   or   "mutual
      redevelopment  company".  A  limited  profit or limited dividend housing
      company incorporated pursuant to the provisions of  this  chapter  or  a
      redevelopment  company  incorporated  pursuant to the provisions of this
      chapter, and operated exclusively for the  benefit  of  the  persons  or
      families  who  are  entitled  to occupancy in a project of such company,
      housing company or redevelopment company, as the case may be, by  reason
      of ownership of shares therein.
        15.  "Supervising  agency." The comptroller in a municipality having a
      comptroller; in a municipality having no comptroller, the  chief  fiscal
      officer  of  such  municipality;  except that in the city of New York it
      shall be the department of housing preservation and development.
        16. "Municipal corporation,"  and  "municipality".  A  city,  town  or
      village,  or  a county having a county department of assessment with the
      power to assess real property; the term "municipal" shall be  deemed  to
      relate  to  a  city,  town  or  village,  or to a county having a county
      department of assessment with the power to assess real property.
        17. "Municipally-aided project."  A  limited  profit  housing  company
      project, other than a state urban development corporation project, which
      is  aided  by  a  municipal  mortgage  loan, a loan by the New York city
      housing development corporation or tax exemption  or  both  and  is  not
      aided  by  any  state mortgage loan or any mortgage loan made by the New
      York state housing finance agency or  any  mortgage  loan  made  by  the
      Battery  Park city authority or any mortgage loan insured by the federal
      government made for the purpose of refinancing  a  mortgage  loan  other
      than  a  municipal mortgage loan or a mortgage loan made by the New York
      city housing development corporation.
        18. "Neighborhood unit." A primarily residential district  having  the
      facilities  necessary  for  well-rounded family living, such as schools,
      parks, playgrounds, parking areas and local shopping districts.
        19. "Persons of low income" and "families of low income."  Persons  or
      families  who  are in the low income groups and who cannot afford to pay
      enough to cause private enterprise in  their  municipality  to  build  a
      sufficient supply of adequate, safe and sanitary dwellings.
        20.  "Plan."  A  plan or undertaking for the clearance, replanning and
      reconstruction or rehabilitation of a substandard and insanitary area or
      areas  and  for  recreational  and  other   facilities   incidental   or
      appurtenant  thereto  to  effectuate the purposes of article eighteen of
      the constitution.
        21. "Planning commission." Any agency of a municipality authorized  to
      prepare,  adopt  or  amend  the  map of the municipality or empowered to
      prepare, adopt and from time to time modify a  comprehensive  or  master
      plan  of  the  municipality,  if  there be one, or if there be none, the
      local legislative body of the municipality.
        22. "Project." A specific work or improvement to effectuate all or any
      part of a  plan.  The  term  shall  include  the  lands,  buildings  and
      improvements   acquired,   owned,   constructed,   managed  or  operated
      hereunder, to provide dwelling accommodations for persons of low income,
      and such stores, offices and other non-housing  facilities  as  well  as
      social,  recreational  or  communal  facilities, as may be deemed by the
      authority or municipality to be incidental or appurtenant to a  project.
      Subject  to  the provisions of article eighteen of the constitution with
      respect to state projects, such dwelling accommodations may be  provided
    
      in  any  section  of  the  municipality, whether or not such section has
      insanitary or substandard housing conditions.
        22-a.   "State  urban  development  corporation  project".  A  project
      acquired, owned, constructed, managed or operated by a company organized
      pursuant to articles two, four or eleven of  this  chapter  which  is  a
      subsidiary  of  the New York state urban development corporation, as the
      term "subsidiary" is defined in the New  York  state  urban  development
      corporation act.
        22-b.   "Battery  Park  city  project."  A  project  acquired,  owned,
      constructed, managed or operated by  a  company  organized  pursuant  to
      article  two, article four or article eleven of this chapter and located
      within the Battery Park project area, as defined  in  the  battery  park
      city authority act.
        23.  "Project cost." The cost of any or all undertakings necessary for
      planning,  financing  (including  payment  of  carrying  charges),  land
      acquisition,  demolition,  construction, equipment, and site development
      of new buildings,  reconstruction,  repair  or  remodeling  of  existing
      buildings, but not beyond the point of physical completion; and the cost
      of tenant placement service in connection with a project.
        24.  "Real  property"  or  "property."  Lands and improvements and any
      fixtures, equipment and article of personal property affixed to or  used
      in  connection  therewith,  lands  under water, waterfront property, the
      water of any lake, pond or stream, and any and all easements, franchises
      and hereditaments, corporeal or incorporeal, and every estate,  interest
      and  right  therein,  legal and equitable, in lands or water, and right,
      interest, privilege,  easement  and  franchise  relating  to  the  same,
      including  terms  for  years  and  liens by way of judgment, mortgage or
      otherwise.
        25. "State." The state of New York.
        26. "State-aided project". Any project other than a  municipally-aided
      limited  profit housing company project, a redevelopment company project
      or a redevelopment corporation project.
        27. "Total carrying charges". All charges paid to the housing  company
      by  a person or family living in a project under a lease for ninety-nine
      years renewal, or in perpetuity, or by reason of ownership of  stock  in
      such  company.  The word "rental" shall mean and be interchangeable with
      "total carrying charges" when used in connection with a mutual company.
        28. "Veterans' organization." Any organization  of  persons  who  have
      served in the armed forces of the United States during time of war which
      has  been  duly  chartered as a veterans' organization under the laws of
      the United States or of the state of New York.
        29. "Annual income" or "income". The total income as reported  in  the
      New  York  state  income  tax  return, less such personal exemptions and
      deductions for medical expenses as are actually taken by  the  taxpayer.
      Provided,  however,  that  federal  old  age,  survivors, and disability
      insurance benefits shall not be deemed income in articles two, four  and
      eleven  of  this  chapter. This definition shall be employed in articles
      two, four, eight and eleven  of  this  chapter  in  the  computation  of
      "probable aggregate annual income" as therein defined.