NY Ment Hygiene L § 75.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.05 - Definitions.

§ 75.05 Definitions.As used in this article the following words and phrases shall have the   following meanings unless a different meaning is plainly required by the   context:1. "Company", "community mental health services company" or "community   mental  retardation  services  company".  A  company,  duly incorporated   pursuant to the provisions of the  not-for-profit  corporation  law  and   this  article,  for  the  purpose  of providing for the care, treatment,   training, education, and residence of the mentally  disabled,  and  such   facilities as may be incidental or appurtenant thereto.2. "Project", "community mental health services project" or "community   mental  retardation  services  project". A specific work or improvement,   including lands, buildings,  improvements,  fixtures,  and  articles  of   personal  property, constructed, acquired, reconstructed, rehabilitated,   managed, owned, or operated by a company pursuant to  this  article,  to   provide  community  residential  facilities for operation as hostels for   the mentally disabled or for the care, treatment, training, education of   the mentally disabled, or both, including  such  facilities  as  may  be   incidental or appurtenant thereto.3. "Local  governmental  unit."  A local governmental unit established   pursuant to the provisions of article eleven of this chapter.4. "Project cost", "community mental health services project cost"  or   "community  mental  retardation services project cost". The sum total of   all costs incurred by a company  as  approved  by  the  commissioner  as   reasonable and necessary for carrying out all works and undertakings and   providing  all necessary equipment for the development of a project less   any portion of any state, federal or municipal assistance grant, as  the   commissioner  shall,  prior  to the making of a mortgage loan by the New   York state  housing  finance  agency  to  a  company,  determine  to  be   available to reimburse the company for the payment of such project costs   prior to the initial occupancy of the project, and all costs relating to   the refinancing of existing indebtedness associated with the development   of  the  project  which constitutes a lien or other encumbrance upon the   real property or assets of  a  company  to  be  mortgaged  or  otherwise   pledged  to  the  agency.  These  shall  include but are not necessarily   limited to the carrying charges during construction up to and  including   the  occupancy  date,  working capital not exceeding three per centum of   the estimated total cost or three percentum of the  actual  total  final   cost,  whichever  is larger, the cost of all necessary studies, surveys,   plans and specifications, architectural, engineering,  legal,  or  other   special  services,  the cost of acquisition of land and any improvements   thereon, site preparation and development, construction, reconstruction,   rehabilitation,   improvement   and   equipment,   including   fixtures,   equipment,  and articles of personal property required for the operation   of care, treatment, training, educational, and  residential  facilities,   the  reasonable  cost of financing incurred by the company in the course   of the development of the project, up to  and  including  the  occupancy   date,  the  fees  imposed  by the commissioner and by the New York state   housing finance agency;  other  fees  charged,  and  necessary  expenses   incurred  in  connection  with the initial occupancy of the project, and   the cost of such other items as the commissioner  may  determine  to  be   reasonable  and necessary for the development of a project, less any and   all rents and  other  net  revenues  from  the  operation  of  the  real   property,  improvements or personal property on the project site, or any   part thereof, by the company on and after the date on which the contract   between the company and the New York state housing  finance  agency  was   entered into and prior to the occupancy date. 5. "Occupancy  date". The date defined in the document providing for a   mortgage loan between a company and the New York state  housing  finance   agency.6. "Lending  Institution"  means  the  original  lender under the loan   agreement or participants therein and its successors  and  assigns,  and   may  include a banking institution, insurance company, foundation, labor   union, employers association, trustees, fiduciaries or  any  combination   of the foregoing.