NY Priv Hous Fin L § 802 (2021)
2021 New York Laws PVH - Private Housing Finance Article 15 - Participation Loans to Owners of Multiple Dwellings by Private Investors and Municipalities Utilizing Federal Grant Funds 802 - Participation Loans to Owners.

§   802.   Participation  loans  to  owners.  1.  Notwithstanding  the provisions of any general, special or local law,  one  or  more  private investors  and a municipality, acting through its agency, shall have the power to participate and  invest  in  making  loans  to  the  owners  of existing multiple dwellings or to the owners of non-residential property or  to  the  owners  of  vacant  land  subject  to  the  limitations  of subdivisions two through seven of this section, in such amounts as shall be required for the rehabilitation of such existing  multiple  dwellings or  for  the  conversion  of  such  non-residential  property or for the construction of a new multiple dwelling on such vacant land, and if  any such   owner   acquires   the   existing   multiple   dwelling   or  the non-residential property or the vacant land  for  the  purpose  of  such rehabilitation, conversion or construction or owns the existing multiple dwelling  or  the non-residential property or the vacant land subject to an outstanding indebtedness, such loans may include such amounts as  may be  required  for the cost of such acquisition or for the refinancing of such  outstanding  indebtedness,  and  such  private  investors  and   a municipality  may  jointly  participate  or  invest  in  the  making  of temporary loans or advances  to  such  owners  in  anticipation  of  the permanent participation loans for such purposes.   2. A municipality may utilize federal grant funds or state grant funds or  any  municipal funds to finance its participation or investment in a loan pursuant to this article. This subdivision shall not apply  to  any participation  in  a  loan  by  the  New  York  city housing development corporation pursuant to section eight hundred five of this article.   3. (a) Each participation loan shall be secured by a bond or note  and single  participating  mortgage  or  by  separate  bonds  or  notes  and mortgages upon the existing multiple  dwelling  or  the  non-residential property  and  the  land upon which it is situated or in the case of the construction of a new multiple dwelling, upon the vacant  land  and  the multiple  dwelling to be constructed, provided that each such loan shall be made upon such terms and conditions as may be approved by the agency, including but not limited to provisions that (i) priority may  be  given to  the  payment of the principal of and interest on that portion of the mortgage indebtedness attributable to participation in the loan  by  one or more private investors, (ii) the interest of the municipality created as  a  result  of making such a mortgage loan may be subordinated to the interest that one or more of such private investors may have  upon  such participation,  (iii)  the interest of each upon such participation need not be of equal priority as to lien nor be equal as  to  interest  rate, time  or  rate  of  amortization  of  principal  or  time  of payment of interest, or otherwise, (iv) the bond or note and mortgage  may  provide that the municipality's portion of a participation loan made to an owner shall  be  reduced  to  zero  commencing in the fifteenth year after the execution of the bond or note and mortgage, provided  that,  as  of  the date  of  any  such  reduction,  such  multiple  dwelling  has  been and continues to be owned  and  operated  in  a  manner  consistent  with  a regulatory   agreement   with  the  municipality.  Notwithstanding  such provision  as  contained  in  the  bond  or  note  and   mortgage,   the municipality's  portion  of  the  loan shall be reduced to zero only if, prior to or simultaneously with  delivery  of  such  bond  or  note  and mortgage,  the  agency  made a written determination that such reduction would be necessary to ensure the  continued  affordability  or  economic viability  of  the  multiple  dwelling. Such written determination shall document the basis upon which the loan was determined to be eligible for evaporation.  (b) The aggregate amount of each such  participation  loan  shall  not exceed  the cost of the rehabilitation, conversion or construction, plus  the costs of  any  or  all  undertakings  necessary  for  the  planning, financing,  acquisition,  satisfaction  of tax liens and other municipal liens and  encumbrances,  construction,  equipment  and  development  in connection therewith, provided that, if any portion of such loan is used for  the  cost  of  acquisition  or  for  refinancing,  the  amount of a municipality's portion of such loan shall not exceed  one  and  one-half times the cost of rehabilitation, conversion or construction.  (c) The amount of any such loan, together with the amount of all prior liens  and  encumbrances, shall not exceed, except in the case of a loan made to a non-profit company, a mutual company, or a housing development fund company, ninety per centum of  value  unless  the  agency  makes  a written  determination  that the owner has insufficient resources to pay for the remaining ten per centum of value, in which case such loan shall not exceed ninety-five per centum of value. The amount of any such loan, together with the amount of all prior liens and encumbrances, made to  a non-profit  company,  a  mutual  company,  or a housing development fund company shall not exceed value, provided that when after  completion  of such  rehabilitation, conversion or construction, such multiple dwelling is, or is to be operated, exclusively for the  benefit  of  persons  and families  who  are entitled to occupancy by reason of ownership of stock in the corporate owners, such loan shall  not  exceed  ninety-eight  per centum of value unless the agency makes a written determination that the owner has insufficient resources to pay for the remaining two per centum of value, in which case such loan shall not exceed value.   4. Each such bond or note and mortgage or bonds or notes and mortgages shall  be  repaid over or within a period of thirty years in such manner as may be provided in such bond or note and mortgage or bonds  or  notes and  mortgages  but  in  no  case shall the term of such loan exceed the probable life of the multiple dwelling which is hereby determined to  be thirty  years.  Such  bond  or  note  and mortgage or bonds or notes and mortgages and  any  contract  in  connection  with  such  permanent  and temporary  loans  may  contain  such  other  terms  and  provisions  not inconsistent  with  the  provisions  of  this  article  as   the   local legislative body or the agency may deem necessary or desirable to secure repayment  of  the  loan,  the  interest  thereon  and  other charges in connection therewith and to carry out the  purposes  and  provisions  of this article.   5.  The bond or note or the bonds or notes issued by the owner and the mortgage or mortgages relating thereto may authorize  such  owner,  with the  consent  of  the  agency  and  the  private investor, to prepay the principal of the loan subject to such terms and  conditions  as  therein provided. Such bond or note and mortgage or bonds or notes and mortgages may  contain  such  other  clauses  and  provisions  as the agency shall require.   6. Where a municipality joins with one or more  private  investors  in making  a  participation loan secured by a single participating mortgage or by separate mortgages, the agency may make provision, either  in  the mortgage  or mortgages or by separate agreement, for the performances of such services as are generally performed by  a  banking  institution  or insurance company which itself owns and holds a mortgage or by a trustee under  a  trust  mortgage  and for the imposition of reasonable fees for financing, regulation, supervision and audit of such multiple  dwelling. The  agency  is hereby authorized to act as trustee or to consent to the appointment of a banking institution or any subsidiary thereof to act in such capacity and to provide such services as are generally performed by any such bank itself  or  its  subsidiary  owning  and  holding  such  a mortgage.    7.  Banking  organizations  and  insurance companies may exercise such power only to the extent and on such conditions as may be authorized  by the state superintendent of financial services.   8. Notwithstanding the provisions of any other law, a savings bank may invest  to an amount not exceeding ninety per centum of the value of any real property when jointly participating or investing in a loan pursuant to the provisions of this  article  or  not  exceeding  ninety-five  per centum  of  the value of any real property when jointly participating or investing in a loan pursuant to the provisions of  article  fourteen  of this chapter.