NY Priv Hous Fin L § 26-B (2021)
2021 New York Laws PVH - Private Housing Finance Article 2 - Limited-Profit Housing Companies 26-B - Special Provisions With Respect to State Urban Development Corporation Projects.

§  26-b.  Special  provisions  with respect to state urban development corporation projects. 1. No loan shall be made by  the  state,  the  New York  state  housing  finance  agency,  or  the  state urban development corporation   for   the   acquisition,   construction,   reconstruction, rehabilitation  or  improvement of a state urban development corporation project, nor shall any such project be  approved  by  the  commissioner, unless the commissioner finds that:  (a)  the estimated revenues of the project will be sufficient to cover all probable costs of all operations and maintenance, of  fixed  charges and operating reserves and depreciation reserves, if any;  (b) the plans and specifications of the project assure adequate light, air, sanitation and fire protection;  (c)  the  project  is  in  conformity  with  a plan or undertaking for providing low rent housing facilities for persons of low income and  for the   clearance,  replanning,  reconstruction  or  rehabilitation  of  a substandard and insanitary  area  or  areas  and  for  other  facilities incidental   or   appurtenant   thereto   as  may  be  approved  by  the commissioner.   2. Any state urban development corporation project shall  comply  with the   requirements   of  local  laws,  ordinances,  codes,  charters  or regulations   applicable   to    the    construction,    reconstruction, rehabilitation,  alteration or improvement of such project, except where the state urban development corporation, in its discretion,  finds  such compliance  not  feasible  or  practicable,  in which event such project shall comply with the requirements of the  state  building  construction code,  formulated by the state building code council pursuant to article eighteen  of  the  executive  law,  applicable  to  such   construction, reconstruction,  rehabilitation,  alteration  or improvement. No county, city, town or village shall have power to modify or change the drawings, plans  or   specifications   for   the   construction,   reconstruction, rehabilitation,  or improvement of any such project or the construction, plumbing, heating, lighting or other mechanical branch of work necessary to complete the work in question, nor to require that any  person,  firm or  corporation employed on any such work shall perform any such work in any other or different manner than  that  provided  by  such  plans  and specifications, nor to require that any such person, firm or corporation obtain   any   other   or  additional  authority,  approval,  permit  or certificate from such county, city, town or village as  a  condition  of doing such work, nor shall any condition whatever be imposed by any such county,  city,  town  or village in relation to the work being done, and the doing of any such  work  by  any  person,  firm  or  corporation  in accordance  with  the  terms  of such drawings, plans, specifications or contracts shall not subject said person,  firm  or  corporation  to  any liability  or penalty, civil or criminal, other than as may be stated in such contracts or incidental to  the  proper  enforcement  thereof;  nor shall  any  county, city, town or village have power to require that any subsidiary of the New York state urban development corporation,  or  any lessee  therefrom  or successor in interest thereto, obtain any other or additional authority, approval, permit, certificate  or  certificate  of occupancy  from  such  county,  city,  town or village as a condition of owning, using, maintaining, operating or occupying any project acquired, constructed,  reconstructed,  rehabilitated  or  improved  by  any  such subsidiary of the New York state urban development corporation.   3. Notwithstanding any other provision of this article, in the case of a state urban development corporation project financed or to be financed by  a loan from the state urban development corporation, the corporation shall exercise, with respect to such project and  with  respect  to  the company  carrying  out  such  project,  all  of  the  powers  and duties  exercised by the commissioner pursuant to this article with  respect  to projects  financed  by  the  New York state housing finance agency until such project, or any part thereof, is ready  for  initial  occupancy  as determined by the commissioner, and thereafter, upon the issuance by the commissioner of a certificate of assumption of supervision, such project shall  be subject to the supervision and control of the commissioner and the New York state division of  housing  and  community  renewal,  which shall  have  the  same  powers and responsibilities with respect to such project as they would have if such project were aided by a loan from the state or the New York state housing finance agency  under  this  article and  which  shall assume the additional powers and responsibilities with respect to such project theretofore conferred on the corporation by  law or  contract.  The  corporation  and  the  commissioner  of  housing and community renewal shall take such actions and execute such documents  as may be necessary to implement this subdivision.