Section 82. Limitations  


Latest version.
  • No housing company shall:
        1. Acquire any real property or interest therein unless it shall first
      have  obtained  approval  of  the  project  from the commissioner, and a
      certificate that such acquisition is necessary  or  convenient  for  the
      public  purpose  defined  in this article, and unless any deed, lease or
      other instrument by which such real  property  or  interest  therein  is
      acquired  contains  a  statement  that  the  conveyance  is to a housing
      company organized pursuant  to  article  four  of  the  private  housing
      finance law.
        2.  Sell, exchange, transfer or assign any real property except (a) to
      a municipality wherein a project is to be located, for  public  purposes
      only  and  upon such terms and conditions, with or without compensation,
      as the commissioner may approve, or with  the  written  consent  of  the
      commissioner  to  another housing company formed under this chapter, and
      (b) for a price not in excess of the cost of the said property less  any
      amounts  paid  in  amortization  of  the  mortgage  indebtedness and the
      retirement of capital, plus so much of the distribution  on  capital  of
      the said housing company as shall have been unpaid, and accrued interest
      on  the  mortgage  indebtedness  and income debenture certificates. Real
      property surplus to the needs  of  the  housing  company  may  be  sold,
      exchanged,  transferred  or  assigned to any person, partnership, trust,
      firm or corporation upon such terms and conditions as  the  commissioner
      may approve.
        3. Encumber or lease all or any part of its real property to any other
      person,  partnership,  trust,  firm,  or  public or private corporation,
      without the written consent of the commissioner, provided, however, that
      leases conforming to the regulations and rules of the  commissioner  and
      for  actual  occupancy by the lessees may be made without the consent of
      the commissioner. Any conveyance, encumbrance, lease or  sub-lease  made
      in  violation  of  the  provisions  of  this section and any transfer or
      assignment thereof shall be void.
        4. Pay interest returns on its mortgage indebtedness at a higher  rate
      than  six per centum per annum, or at the rates of interest of mortgages
      or mortgage bonds insured by the federal housing administration  or  any
      other  instrumentality  of the federal government applicable at the time
      the housing company incurs the mortgage indebtedness, or at such  higher
      rates  as  may be approved by the commissioner, or pay interest upon its
      income debenture certificates at a rate higher than six per  centum  per
      annum.
        5.  Issue  its  shares,  in  the  case of a housing company which is a
      corporation, credit sums to partners on capital account, in the case  of
      a  housing company which is a partnership, subject amounts to the trust,
      in the case of a housing company  which  is  a  trust,  and  no  housing
      company shall issue debentures and bonds covering any project undertaken
      by  it in an amount greater in the aggregate than the total actual final
      cost of such project, including the  lands,  improvements,  charges  for
      financing  and supervision approved by the commissioner and interest and
      other carrying charges during construction, and an allowance for working
      capital to be approved by the commissioner but not exceeding  three  per
      centum  of  the  estimated cost or of the total actual final cost of the
      project if that shall be greater than the estimated cost.
        6. Mortgage any  real  property  without  first  having  obtained  the
      consent of the commissioner.
        7.  Issue  any  securities  or evidences of indebtedness without first
      having obtained the approval of the commissioner.
        8. Use any building erected or acquired by it for other  than  housing
      purposes,  except  that  when permitted by law the story of the building
      above the cellar or basement and the space below such story may be  used
    
      for  stores,  co-operative  or community purposes, and when permitted by
      law the roof may be used for co-operative or community purposes.
        9.  Charge  or  accept  any  rental  for housing accommodations in any
      project constructed, acquired, operated or managed by it  in  excess  of
      the prices approved by the commissioner.
        10.  Enter  into  contracts  for  the payment of salaries to officers,
      employees, directors, partners, trustees or beneficiaries except subject
      to the approval of the commissioner and under such  regulations  as  the
      commissioner may from time to time prescribe.
        11.  Enter  into contracts for the construction or for the substantial
      repair, improvement or operation  of  projects  except  subject  to  the
      approval   of  the  commissioner  and  under  such  regulations  as  the
      commissioner may from time to time prescribe.
        12. Voluntarily dissolve, or  in  the  case  of  a  trust,  terminate,
      without first having obtained the consent of the commissioner.
        13. Make any guaranty without the approval of the commissioner.
        14. Without the prior approval of the commissioner as to the terms and
      conditions  thereof, sell, lease, or otherwise convey all or any part of
      a project to an authority.
        The commissioner may declare that any of the limitations set forth  in
      this  section  shall  be  inapplicable,  in  whole or in part, to mutual
      housing companies after the period of municipal tax exemption granted to
      such mutual housing  company  projects  pursuant  to  this  article  has
      expired.