Section 84. Regulation of housing companies  


Latest version.
  • The commissioner may:
        1.  Order  such  repairs as will preserve the health and safety of the
      occupants of such buildings and structures owned or operated by  housing
      companies, and the maintenance thereof in proper condition and repair.
        2.  Order all housing companies to do such acts as may be necessary to
      comply with the provisions of the law, the rules and regulations adopted
      by the commissioner, or  the  terms  of  any  project  approved  by  the
      commissioner, or to refrain from doing any acts in violation thereof.
        3. Examine all housing companies and keep informed as to their general
      condition,  their  capitalization and the manner in which their property
      is constructed, leased,  operated  or  managed  with  respect  to  their
      compliance with all provisions of law and orders of the commissioner.
        4.  Either  himself  or  through  his  inspectors  or  employees  duly
      authorized by him, enter in or upon and inspect the property, equipment,
      buildings,  plants,  offices,  apparatus  and  devices  of  any  housing
      companies;  examine  all books, contracts, records, documents and papers
      of any  housing  companies  and  by  subpoena  duces  tecum  compel  the
      production thereof.
        5.  In  his discretion, prescribe uniform methods and forms of keeping
      accounts, records and books to be observed  by  housing  companies,  and
      after  a  hearing  to  prescribe  by  order accounts in which particular
      outlays and receipts shall be entered, charged or credited.
        6. Require every housing company to  file  with  the  commissioner  an
      annual  report  setting  forth  such information as the commissioner may
      require,  verified  by  the  oath  of  the  president,   vice-president,
      treasurer,  secretary,  general manager or receiver, if any, thereof, or
      by the person required to file the same. Such report  shall  be  in  the
      form,  cover  the  period  and  be  filed  at the time prescribed by the
      commissioner. The commissioner may further require specific  answers  to
      questions  upon  which  the  commissioner may desire information and may
      also require such housing company to file periodic reports in the  form,
      covering the period, and at the time prescribed by the commissioner.
        7.  (a)  Administer  oaths,  take  affidavits, hear testimony and take
      proof under oath at public or private hearings; (b) subpoena and require
      the attendance of witnesses and  the  production  of  books  and  papers
      pertaining to any investigation and inquiries authorized by this article
      and examine them in relation to any matter concerning which the power to
      investigate  is  granted;  (c)  issue commissions for the examination of
      witnesses who are out of the state or unable to attend before him or are
      excused from attendance; (d) investigate into the affairs of  a  housing
      company  and  into  the  dealings, transactions or relationships of such
      company with third persons; (e) intervene, as a matter of right, in  any
      action  or  proceeding  of  which  notice  shall be given, affecting the
      project of a housing company; (f) take such  steps  in  such  action  or
      proceeding as may be necessary to protect the public interest.
        With  regard to duties or liabilities arising out of this article, the
      state or the commissioner may be sued in the same manner  as  a  private
      person.  No costs shall be awarded against the commissioner or the state
      in any such litigation.
        8. Waive, in whole or in part,  any  of  the  regulatory  powers  over
      mutual  housing companies vested in him by this article after the period
      of municipal tax  exemption  granted  to  such  mutual  housing  company
      projects pursuant to this article has expired.
        8-a.  Notwithstanding  any  other  provision  of  law, with respect to
      projects completed prior to July first, nineteen hundred eighty-five, no
      limited  dividend  housing  company  shall  be  required  to   pay   the
      commissioner any fees for the audit or other regulation of the company.
    
        9.  From time to time make, amend and repeal rules and regulations for
      carrying into effect the provisions of this article.
        10.  Modify  supervision  of  a  housing  company  upon  finding  that
      duplicative supervisory functions may impose an undue regulatory  burden
      or  unnecessary  expenditure of agency resources, by taking such actions
      as are deemed appropriate, including consolidating supervisory functions
      associated with different  programs,  and  entering  into  memoranda  of
      understanding  with  other  agencies  for  the allocation of supervisory
      functions.