2023 New York Laws › PVH - Private Housing Finance › Article 3 - New York State Housing Finance Agency › 47-B - Mental Hygiene Improvement Bonds and Notes.

§  47-b.  Mental  hygiene improvement bonds and notes. 1. Definitions.
  For the purposes of section forty-seven and of this section:
a. "Community mental health and developmental  disabilities  facility"
  shall  mean  a  building,  a  unit  within  a  building, a laboratory, a
  classroom, a housing unit,  a  dining  hall,  an  activities  center,  a
  library, or any structure on or improvement to real property of any kind
  or  description,  including fixtures and equipment which are an integral
  part of such building, unit or structure or improvement,  a  walkway,  a
  roadway  or  a  parking  lot and improvements and connections for water,
  sewer, gas, electrical, telephone, heating, air conditioning  and  other
  utility  services, or a combination of any of the foregoing, whether for
  patient care and treatment  or  staff,  staff  family  or  service  use,
  located  in  a  city,  or in a county not wholly included within a city,
  authorized to provide community mental  health  services  in  accordance
  with  the  provisions  of  article  forty-one  of  title E of the mental
  hygiene law, which is utilized or to be utilized for the  administration
  and  conduct of programs for people living with either mental illness or
  developmental disabilities, or both, and for the provision  of  services
  therefor.  A  community  mental  health  and  developmental disabilities
  facility shall also mean  and  include  a  residential  facility  to  be
  operated  as  a  community  residence  for  the mentally disabled, and a
  treatment facility for use in the conduct  of  an  alcoholism  treatment
  program  or  of  a  substance  abuse treatment program as defined in the
  mental hygiene law.
b. "Mental hygiene facility" shall mean a building, a  unit  within  a
  building,  a  laboratory, a classroom, a housing unit, a dining hall, an
  activities center, a library, or any structure on or improvement to real
  property of any kind or description, including  fixtures  and  equipment
  which  are  an  integral  part  of any such building, unit, structure or
  improvement, a walkway, a roadway or a parking lot, and improvements and
  connections for water, sewer, gas, electrical, telephone,  heating,  air
  conditioning  and other utility services, or a combination of any of the
  foregoing, whether for patient care and treatment or staff, staff family
  or service use, located at or related to any state hospital,  any  state
  school,  or any state psychiatric or research institute now or hereafter
  established under the professional jurisdiction, supervision and control
  of the state department of mental hygiene.  A  mental  hygiene  facility
  shall  mean  and  include  a  "community mental health and developmental
  disabilities facility", unless such facility is  expressly  excepted  or
  the  context clearly requires otherwise, and shall also mean and include
  a treatment facility  for  use  in  the  conduct  of  an  alcoholism  or
  substance  abuse treatment program as defined in the mental hygiene law,
  unless such facility  is  expressly  excepted  or  the  context  clearly
  requires  otherwise.  The definition contained in this subdivision shall
  not be construed to exclude therefrom a facility to  be  made  available
  under  license  or  permit from the health and mental hygiene facilities
  improvement corporation to a voluntary agency  at  the  request  of  the
  commissioners  of the offices of the department of mental hygiene having
  jurisdiction thereof for use in providing community  mental  health  and
  developmental  disabilities  services,  or  for use in the conduct of an
  alcoholism or substance abuse treatment program.
c. "Mental hygiene improvement bonds" and "mental hygiene  improvement
  notes"  shall  mean  bonds and notes, respectively, issued by the agency
  pursuant to subdivision two of this section.
d. "Mental  hygiene  facilities  improvement  program"  shall  mean  a
  program  undertaken  by  the  agency  and  the health and mental hygiene
  facilities improvement corporation  for  the  purpose  of  constructing,
  acquiring,  reconstructing,  rehabilitating  or improving mental hygiene

  facilities or causing  such  facilities  to  be  constructed,  acquired,
  reconstructed,  rehabilitated  or  improved  pursuant  to the health and
  mental hygiene facilities improvement act and this article.
2. Additional powers of the agency.
a.  The  agency  shall have power to lease one or more existing mental
  hygiene facilities from the trustees of the health  and  mental  hygiene
  facilities   improvement   corporation   and   to   construct,  acquire,
  reconstruct, rehabilitate and improve new mental hygiene  facilities  at
  such   facilities,  or  on  any  real  property  leased  from  the  said
  corporation, and  to  cause  such  new  facilities  to  be  constructed,
  acquired,  reconstructed,  rehabilitated  or improved by the trustees of
  the said corporation as its agent,  all  in  accordance  with  a  lease,
  sublease  or  other  agreement  entered  into between the agency and the
  trustees of the said corporation pursuant to subdivision four of section
  nine of the health and mental hygiene facilities improvement act.
b. The agency shall have power and is hereby authorized from  time  to
  time  to  issue negotiable bonds and notes in conformity with applicable
  provisions of the uniform commercial code in such principal  amount  as,
  in  the  opinion  of  the  agency, shall be necessary, after taking into
  account other monies which may be available for the purpose, to  provide
  sufficient  funds  for  the  construction,  acquisition, reconstruction,
  rehabilitation or improvement of mental hygiene facilities  pursuant  to
  the  preceding paragraph of this subdivision, the payment of interest on
  mental hygiene improvement bonds and mental  hygiene  improvement  notes
  issued  for  such purposes, the establishment of reserves to secure such
  bonds and notes, and all other expenditures of the  agency  incident  to
  and  necessary  or  convenient  for  any such construction, acquisition,
  reconstruction, rehabilitation or improvement; provided,  however,  that
  the  agency  shall not issue mental hygiene improvement bonds and mental
  hygiene improvement notes in an  aggregate  principal  amount  exceeding
  seven hundred five million dollars, excluding mental hygiene improvement
  bonds  and mental hygiene improvement notes issued to refund outstanding
  mental hygiene improvement bonds or mental hygiene improvement notes.
3. Application of other provisions of article.  Except  as  stated  in
  section forty-seven, the other provisions of this article shall apply to
  mental  hygiene  improvement  bonds and mental hygiene improvement notes
  issued by the agency pursuant to this section, provided,  however,  that
  such  bonds  and  notes,  subject  to any agreements with the holders of
  particular bonds or notes pledging any specified portions thereof, shall
  be secured by a pledge to the payment thereof of (i) rentals paid to the
  agency with respect to  mental  hygiene  facilities  financed  with  the
  proceeds  of  such bonds and notes, and (ii) any other assets, monies or
  accounts pledged or assigned to the agency as security for  the  payment
  of  such rentals, and provided further that no resolution or resolutions
  authorizing  mental  hygiene  improvement  bonds  and   mental   hygiene
  improvement  notes  shall  (i)  pledge  all  or any part of the fees and
  charges made or received by the agency pursuant to subdivision eleven of
  section forty-four in connection with the making of  mortgage  loans  or
  commitments  therefor,  or  all  or  any  part of the monies received in
  payment of such mortgage loans and interest thereon, or (ii) pledge  all
  or  any  part of the mortgages of the agency or obligations securing the
  same, or (iii) provide as to the use and disposition of the gross income
  from mortgages owned by the agency or as to the payment of principal  of
  mortgages  owned  by  the  agency, or (iv) pledge all or any part of the
  rentals paid to the agency under leases, subleases or  other  agreements
  for state university facilities or health facilities entered into by the
  agency  in  accordance with this article, or (v) pledge or assign all or
  any part of any other assets, monies or accounts pledged or assigned  to

  the  agency  as  security  for  the  payment  of  rentals for such state
  university facilities or health facilities.
4.  Mental  hygiene  facilities  fund.  The  agency  shall  create and
  establish  a  special  fund  (herein  referred  to  as  mental   hygiene
  facilities  fund)  and  shall  pay  into  such fund any monies which the
  agency shall receive in payment of rentals due under one or more leases,
  subleases or other agreements entered into pursuant to subdivision  four
  of  section nine of the health and mental hygiene facilities improvement
  act and any other monies which the agency shall receive from the  health
  and mental hygiene facilities improvement corporation as security for or
  in  payment  of such rentals. Such monies and any other monies paid into
  the mental hygiene facilities fund may, in the discretion of the agency,
  but subject to agreements with the holders of mental hygiene improvement
  bonds and mental hygiene improvement notes, be used by  the  agency  (a)
  for  the  repayment of advances, if any, from the state to the agency in
  connection  with  mental  hygiene  facilities,  and  any  real  property
  required  therefor,  in  accordance  with  the  provisions  of repayment
  agreements related  thereto  which  have  been  entered  into  with  the
  director  of  the  budget, (b) to pay all costs, expenses and charges of
  financing mental hygiene  facilities  including  fees  and  expenses  of
  trustees  and  paying  agents,  (c)  to pay the administrative and other
  expenses of the agency allocable to the services performed by the agency
  in the  financing  of  the  construction,  acquisition,  reconstruction,
  rehabilitation  or  improvement of mental hygiene facilities and matters
  relating thereto, (d) for the payment of the principal of  and  interest
  on  mental hygiene improvement bonds or mental hygiene improvement notes
  issued by the agency when the same shall become due whether at  maturity
  or  by call for redemption and for the payment of any redemption premium
  required to be paid where such bonds or  notes  are  redeemed  prior  to
  their  stated  maturities,  and  to  purchase mental hygiene improvement
  bonds or mental hygiene improvement notes issued by the agency,  or  (e)
  for such other corporate purposes of the agency relating to the carrying
  out of its functions, powers and duties with respect to the financing of
  the   construction,   acquisition,   reconstruction,  rehabilitation  or
  improvement of mental hygiene facilities as the agency in its discretion
  shall determine and provide.