reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1730 - Insurance › Subpart 1730-2 - Insurance Requirements › Section 1730-2.1 - Insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Automobile insurance.
(1) Any vehicle owned
						by housing company shall be covered by automobile liability insurance with a
						combined single limit (each accident) of at least $1,000,000.
(2) For automobiles owned by employees and
						officers of housing company and used by them on housing company business, an
						automobile non-ownership liability policy shall be obtained, with combined
						single limit (each accident) of at least $1,000,000.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1730 - Insurance › Subpart 1730-2 - Insurance Requirements › Section 1730-2.2 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1731 - Fire Prevention And Safety › Subpart 1731-1 - Scope › Section 1731-1.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
All building and grounds shall be maintained in full
						  compliance with all applicable State, city and local building, fire, health and
						  safety laws. Housing companies should work closely with their local fire
						  departments on fire prevention matters. The services of the fire department's
						  inspection unit should be utilized at periodic intervals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1732 - Energy Conservation › Section 1732.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part governs the performance of energy audits by
						housing companies, and the implementation of certain energy audit
						recommendations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1732 - Energy Conservation › Section 1732.2 - Filing of energy audit report and implementation of measures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each housing
					 company shall file an energy audit report with the division. A copy of such
					 energy audit report, shall also be given to any duly constituted tenant's
					 association or cooperator's advisory council and be available for inspection
					 and copying by any individual tenant who requests it. The housing company shall
					 review and update this energy audit report on a tri-annual basis and assure
					 that, at minimum, all low- and no-cost energy-efficiency measures have been
					 implemented and maintained.
(b) The
					 energy audit shall be conducted by an architect or engineer licensed and
					 registered by the State of New York. Alternatively, the housing company may
					 conduct an energy audit using the New York State Division of Housing and
					 Community Renewal Multi-Family Energy Efficiency Workbook.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1732 - Energy Conservation › Section 1732.3 - Nature of audit

Current through Register Vol. 46, No. 28, July 10, 2024
At a minimum, the energy audit shall include an analysis
						of the following building features and systems, to identify operational and
						maintenance practices and building modifications that will provide energy and
						cost savings:
(a)
					 infiltration;
(b)
					 ventilation;
(c) domestic hot
					 water;
(d) heating plant and
					 distribution;
(e) lighting and
					 electric;
(f) insulation;
(g) cooling; and
(h) laundry.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter C - Housing Company Management › Part 1732 - Energy Conservation › Section 1732.4 - Report contents

Current through Register Vol. 46, No. 28, July 10, 2024
The energy audit report shall include the following
						information:
(a) an analysis of which
					 measures are appropriate to the audited building(s);
(b) estimated cost of implementing those
					 measures; energy and costs savings which would result from action; and
					 estimates of the simple payback periods; and
(c) an executive summary of recommendations
					 and related estimates contained in the report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to assure full
						disclosure to all residents and the public of plans proposed by the housing
						company to leave the jurisdiction of the division pursuant to either article 2
						or article 4 of the Private Housing Finance Law, to effect a smooth transition
						of the management of a housing development and to assure that all actions
						required to be taken by the housing company have been performed prior to the
						dissolution thereof and to ensure that projects are in sound physical condition
						to protect the residents thereof and their long term
						viability.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply to State-assisted limited
						profit rental or mutual housing companies formed pursuant to article 2 of the
						Private Housing Finance Law, and to limited-dividend rental or mutual housing
						companies formed pursuant to article 4 of the Private Housing Finance Law,
						which elect under section
						35
						(2) or
						96
						(1) of the Private Housing Finance Law,
						respectively, of such law, to voluntarily dissolve. As used in this Part, the
						term dissolution shall include reconstitution where the housing company elects
						to reconstitute upon dissolution of the housing company.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.4 - Public information notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon receipt of the commissioner's order as provided in section
					 1750.3(e) of this
					 Part, but in no event earlier than 90 days prior to the anticipated date of
					 dissolution, the housing company shall serve a notice of a public meeting by
					 door delivery to each tenant, and by certified or registered mail to each of
					 the following:
(1) the New York State
					 Commissioner of Housing and Community Renewal and the Deputy Commissioner for
					 Housing Operations, together with proof of service upon all parties listed
					 herein;
(2) the State Senator and
					 Member of the Assembly for the district in which the project is
					 located;
(3) the mayor and local
					 legislative member for the project, if any; and
(4) the president or chairperson of the
					 tenants' association or council, if any.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.5 - Public information meeting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Pursuant to the Notice as specified in section
					 1750.4 of this Part, the housing
					 company shall conduct at least one public informational meeting with the
					 residents and their representatives.
(b) Such public meeting shall be scheduled to
					 commence not earlier than 6 p.m. nor later than 8 p.m., Monday through Friday,
					 exclusive of legal holidays, unless the residents by written petition
					 representing not less than 50 percent of the apartments, agree to another day
					 or time. The site of the public meeting shall be on the premises of the housing
					 development unless, for good cause shown, the owner shall designate another
					 location near or adjacent to the premises, subject to the approval of the
					 division.
(c) The public
					 informational meeting shall be conducted by the housing company and shall be
					 attended by the commissioner or the commissioner's designee. After presentation
					 of the information specified in section
					 1750.4(d) of this
					 Part, the housing company shall permit comments and questions to be heard from
					 any persons in attendance.
(d) Upon
					 conclusion of the public informational meeting, the housing company shall
					 submit an affidavit certifying to the division to the effect that the meeting
					 has been held pursuant to the requirements set forth in this section.
(e) Such public meeting shall be continued by
					 the housing company or upon the direction of the division until reasonable
					 responses to valid questions of the tenants have been provided by the housing
					 company.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.6 - Mortgage payments; requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon satisfactory completion of the requirements in
						sections 1750.3 through
						1750.5 of this Part, the housing
						company shall submit to the division a list of the requirements of the
						mortgagee(s) to prepay the mortgage(s), to be obtained by the housing company
						from the mortgagee(s). Such list shall contain the anticipated date of
						compliance with each of the mortgagee's requirements for the prepayment of the
						mortgage(s), including any fees, charges or special assessments required to be
						made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.7 - Mutual companies; special requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the other requirements set forth in this
						Part, each mutual company shall also submit to the division, upon completion of
						the public informational meeting required under section
						1750.5 of this Part, satisfactory
						evidence of (a) acceptance by the office of the Attorney General of the State
						of New York of the filing of the offering plan pertaining to the proposed
						transfer from the mutual company to a private cooperative or condominium
						corporation; and (b) approval by two thirds of the shareholders of record of
						the counted on the basis of one vote per dwelling unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.8 - Rent stabilization requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon submission to the Deputy Commissioner of Housing
						Operations of the material as specified in section
						1750.3(a)(14) of
						this Part, the division shall compare the housing company's draft initial
						registrations with the information on file with the division. Upon approval of
						the information by the division and return of the draft registration forms, the
						housing company shall comply with the initial rent registration requirements as
						set forth in the rent stabilization code, Part 2520 et seq. of this Title or
						the tenant protection regulations, Part 2500 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.9 - Payment of outstanding operating expenses, taxes and indebtedness

Current through Register Vol. 46, No. 28, July 10, 2024
The housing company must submit its detailed payment
						schedule and arrangement for the payment of any and all outstanding operating
						expenses, taxes and indebtedness. Such schedule shall list each item of
						indebtedness, the amount thereof, the source of payment thereof, and the
						anticipated date of payment. For each item of indebtedness, the housing company
						must also submit an invoice or other evidence of the current amount
						due.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.10 - Physical condition survey

Current through Register Vol. 46, No. 28, July 10, 2024
Upon review of the physical condition survey submitted by
						the housing company pursuant to section
						1750.3(a)(15) of
						this Part, the division shall determine if the survey is sufficient and
						properly addresses the needs of the property which must be resolved prior to
						the dissolution, and if the plans submitted by the housing company are
						sufficient to meet the needs of the housing project. The housing company shall
						specify its plans to correct any defective conditions and to replace any and
						all items and equipment which are obsolete or have reached the end of their
						useful life or are projected to end their useful life within the next five
						years, and the amounts to be expended therefor. Upon the approval by the
						division of the corrective work plan and costs thereof, appropriate funds shall
						be released upon dissolution from the operating and replacement reserve escrow
						accounts and deposited into a special escrow account under the exclusive
						jurisdiction of a fiduciary agent, to be used exclusively to effectuate the
						corrective work plan. Additionally, the division may order that work be
						performed and that monies be escrowed therefor. None of the corrective work
						performed pursuant hereto shall qualify for an increase in rent pursuant to
						section 2502.4 of the Emergency Tenant
						Protection Regulations or section
						2522.4 of the Rent Stabilization
						Code.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.11 - Waiting lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At least 60
					 days prior to the effective date of dissolution, the housing company shall
					 submit an affidavit to the division certifying that each person on the waiting
					 list for apartments in the housing development has been advised in writing of
					 the proposed dissolution and whether or not the waiting list will continue to
					 be utilized.
(b) The housing
					 company shall simultaneously certify to the division whether a processing
					 charge had been levied against each applicant for such waiting list and, if so,
					 when such processing charge was returned to the waiting list
					 applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.12 - Additional requirements within the City of New York

Current through Register Vol. 46, No. 28, July 10, 2024
The housing company must submit evidence of specific
						arrangements that have been made with the appropriate municipal agencies and
						compliance with all filing procedures with respect to senior citizens' rent
						increase exemptions or similar programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.13 - Fees and application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A company organized under article 2 of
					 the Private Housing Finance Law shall:
(1)
					 submit a nonrefundable processing fee, payable to the State of New York, in the
					 amount of $1,000 with the notice of intent required under section
					 1750.3 of this Part; and
(2) upon submission of the affidavit required
					 under section
					 1750.5(d) of this
					 Part, an additional fee of $1,500 plus a fee of $100 per unit in the project.
					 In no event, however, shall the fee required under this paragraph exceed the
					 sum of $5,000.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.14 - Commissioner's certification

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of the documentation required hereunder and
						the payment of the fees as set forth in section
						1750.13 of this Part, and upon
						receipt of a conformed copy of the proposed certificate of dissolution, the
						division shall issue a certification to the Secretary of State stating that the
						requirements of the Private Housing Finance Law have been complied with and
						that the division has no objection to the filing by the housing company of the
						certificate of dissolution.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.15 - Tax exemption

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of the division certification as provided in
						section 1750.14 of this Part, the housing
						company shall thereupon notify the municipality in which the housing
						development is located, by written document, of the impending dissolution of
						the housing company and the attendant ineligibility for tax exemption under the
						Private Housing Finance Law. A copy of such notification shall thereupon be
						sent to the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.16 - Final notification

Current through Register Vol. 46, No. 28, July 10, 2024
At least 7 but not more than 10 days before the effective
						date of the dissolution of the housing company, or closing date, the housing
						company shall send a notice, to the parties specified in section
						1750.4(a) of this
						Part, of the anticipated date of such dissolution and the name and address of
						the transferee, if any.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.17 - Application of amended provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part, as amended, shall apply top
						any pending or future dissolution proceeding; provided, however, that where a
						housing company has taken certain acts prior to the effective date of the
						amended provisions, the provisions of this Part in effect at the time the acts
						were taken shall apply with respect to those acts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.18 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1750 - Voluntary Dissolution › Section 1750.19 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
With the consent of the division, a housing company may
						satisfy its existing mortgage and enter into a new State-aided or private
						mortgage, and thereafter continue under the Mitchell-Lama program. Such
						refinance may be in connection with a redevelopment plan under which the
						housing company enters into multiple regulatory agreements with the division
						and other agencies under a variety of subsidy programs to raise capital for
						rehabilitation work and to help maintain the premises as safe, decent, and
						affordable housing. When a refinancing is part of a redevelopment plan that
						involves more than one governmental agency with supervisory authority, some of
						the requirements of this Part may be eliminated pursuant to section
						1700.6 of this
						Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.2 - Grounds for approval of refinance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In reviewing a request to refinance, the
					 division may consider various factors including but not limited to the fact
					 that the refinance will:
(1) reduce debt
					 service in order to minimize increases in rent or maintenance;
(2) raise additional funds for current
					 capital improvements;
(3) bolster
					 reserve funds for future capital improvements;
(4) facilitate a redevelopment plan involving
					 new sources of funding;
(5) permit
					 continuation of the real property tax exemption;
(6) permit continuation of existing loans,
					 grants, or subsidies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.3 - Request for approval of refinance

Current through Register Vol. 46, No. 28, July 10, 2024
No less than 30 days prior to the anticipated date of
						closing, the housing company must submit to the division a request for approval
						of the refinance with the following information and supporting
						documents:
(a) reasons for refinance;
					 if housing company is a cooperative, attach a copy of the resolution
					 authorizing the refinance;
(b)
					 existing mortgagee, approximate amount of mortgage, and brief description of
					 mortgagee's pre-payment procedures;
(c) existing government subsidies, the
					 responsible agency, and a statement of what effect, if any, payment of the
					 existing mortgage will have upon the subsidy;
(d) impact, if any, of refinance on real
					 property tax abatement;
(e) new
					 lender, amount of new loan, interest rate, application or commitment fee, and
					 method by which new lender was selected; attach a copy of the term sheet or
					 commitment letter;
(f) credit
					 enhancements and responsible agency;
(g) post-transaction sources of funding and
					 responsible agencies;
(h) where
					 transaction involves transfer of development, name of new owner, description of
					 ownership structure, and request for approval of new owner with completed
					 disclosure questionnaire;
(i)
					 capital work, and the estimated cost thereof, to be done with loan proceeds;
					 attach a copy of current physical condition survey or consultant's report and
					 sources and uses summary;
(j)
					 amount of reserves to be funded from proceeds of loan;
(k) any severance of housing company
					 property, including justification for the severance, and description and value
					 of the parcel to the severed; attach a copy of a certified appraisal;
(l) analysis of current rent/maintenance
					 structure to show sufficiency to cover new debt service and other expenses, and
					 if not, amount of rent increase applied for and status of
					 application;
(m) request and
					 justification for any modification of the division's supervisory role such as
					 those set forth in section
					 1760.4 of this Part;
(n) new managing agent, if any, with request
					 for approval of new managing agent;
(o) where post-transaction funding is
					 provided by the Housing Finance Agency or Empire State Development Corporation,
					 documentation upon which the division may make findings required by sections
					 2,
					 26-b, and
					 44-c
					 (2) of the Private Housing Finance Law;
					 and
(p) anticipated date of
					 closing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.4 - Request for modification of division's supervisory role

Current through Register Vol. 46, No. 28, July 10, 2024
At the lender's request, under appropriate circumstances
						the division may agree to modifications of its supervisory role, the terms of
						which may be embodied in an inter-agency memorandum of understanding,
						multi-party agreement, or approval letter issued by the division; including,
						but not limited to, the following:
(a)
					 Remedies for default. The division may agree to promptly act within its
					 authority to remedy a default on a loan, including proceedings to re-establish
					 the rents/maintenance, provided that the division will not agree to act in a
					 predetermined manner, but must retain discretion to choose the appropriate
					 remedy under the circumstances.
(b)
					 Administration of reserve funds. The division may permit the lender to hold,
					 free of encumbrance by the division, certain reserve funds, such as repair and
					 replacement reserves pending completion of capital work, and to encumber those
					 accounts as security for the loan which can be withdrawn without the division's
					 approval in the event of a default.
(c) Administration of escrow funds. The
					 division may permit the lender to hold, free of encumbrance by the division,
					 certain escrow funds for payment of debt service, taxes, and insurance, that
					 are normally held in accounts controlled by the division.
(d) Supervision of capital work. The division
					 may modify its procedures for supervision of capital work, which normally
					 includes review of contracts, specifications, bids, change orders, and approval
					 of progress payments in order to insure that the division's participation is
					 not duplicative of another agency's functions, and does not unduly delay
					 completion of the work.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.5 - Submission of loan documents for division's review

Current through Register Vol. 46, No. 28, July 10, 2024
No later than two weeks prior to the anticipated date of
						closing, the housing company must submit the following proposed documents for
						the division's review:
(a) multi-party
					 agreement, if any, to be signed by the division;
(b) mortgage and note;
(c) security agreements and those involving
					 reserve or escrow accounts;
(d)
					 assignment of leases;
(e) new
					 regulatory agreements to which the division is a party;
(f) any other document which the housing
					 company believes requires the division's approval.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.6 - Standards for loan documents

Current through Register Vol. 46, No. 28, July 10, 2024
In reviewing the loan documents, the division may
						consider various factors, including but not limited to the fact that
						they:
(a) provide sufficient notice to
					 the parties to the transaction and their successors and assigns that the
					 housing company is supervised by the division and subject to the private
					 housing finance law and regulations;
(b) do not conflict with any provision of the
					 private housing finance law or regulations;
(c) are not unfair or unduly burdensome to
					 the housing company;
(d) clearly
					 reflect any modifications of the division's supervisory role;
(e) do not affect the division's authority to
					 supervise the housing company except to the extent consented to by the
					 division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter IV - State-assisted Housing Constructed By Private Enterprise › Subchapter E - Dissolution Of Limited-profit And Limited-dividend Housing Companies › Part 1760 - Redevelopment And Refinance › Section 1760.7 - Required clause in loan documents

Current through Register Vol. 46, No. 28, July 10, 2024
Where the financing is not otherwise coordinated with
						another State governmental agency, the mortgage, multi-party agreement,
						division's letter approving the refinance, other security agreements, reserve
						agreements, and assignment of leases must contain a clause containing the
						following or substantially similar language:
"Nothing in this document, or any other document executed
						in connection with this refinance transaction, has the effect of diminishing or
						otherwise modifying the authority of the Commissioner of the Division of
						Housing and Community Renewal to supervise the borrower under article II of the
						Private Housing Finance Law and regulations promulgated there under except to
						the extent expressly set forth in a multi-party agreement or approval letter
						issued by the division."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1800 - General Provisions › Section 1800.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations in this Subchapter are promulgated by the
						Commissioner of Housing and Community Renewal to effectuate and regulate urban
						renewal programs in the State of New York pursuant to the Urban Renewal Law
						(General Municipal Law, article 15) and to the Urban Renewal Agency Act
						(General Municipal Law, article 15-A).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1800 - General Provisions › Section 1800.2 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The following rules and regulations are applicable to all
						municipalities, agencies, and their instrumentalities, irrespective of whether
						or not they receive State financial assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1800 - General Provisions › Section 1800.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in these rules and regulations, the following
						shall mean:
(a) Act. The New York
					 State Urban Renewal Agency Act, article 15-A of the General Municipal Law,
					 including any amendments thereto.
(b) Agency. The officer, board, commission,
					 department, or other agency of the municipality designated by the governing
					 body, or as otherwise provided by law, to carry out the functions vested in the
					 agency under this article or delegated to the agency by the governing body in
					 order to carry out the purpose and provisions of the Law. The term agency shall
					 include a Municipal Urban Renewal Agency established pursuant to the
					 Act.
(c) Bonds. Any bonds, notes,
					 interim certificates, debentures, or other obligations issued by an agency
					 pursuant to the Act.
(d) Chief
					 fiscal officer. As to:
(1) A
					 municipality--the officer designated in the Local Finance Law, section
					 2.00(5).
(2) A Municipal Urban
					 Renewal Agency--the officer designated in its bylaws as responsible for its
					 financial affairs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1801 - Acquisition Of Property › Section 1801.1 - Approval of urban renewal plan

Current through Register Vol. 46, No. 28, July 10, 2024
No resolution authorizing the acquisition of real
						property shall be adopted by a municipality or agency until an urban renewal
						plan has been approved by the governing body, either for the entire designated
						area or for a part or portion of the designated area, as is proposed for
						acquisition, unless early acquisition is to be undertaken.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1801 - Acquisition Of Property › Section 1801.2 - Acquisition in non-federally assisted projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Property may be acquired after submission
					 to and approval by the commissioner of the following:
(1)
(i)
					 Contracts for appraisal services, a statement regarding the acquisition program
					 of any other public body in the area involved and the condemnation or
					 acquisition activities contemplated to effect cost savings.
(ii) Two satisfactory independent appraisals
					 for each parcel to be acquired.
(iii) If not included in the appraisals of
					 the realty, a separate appraisal of the compensable damage to fixtures,
					 machinery, or equipment, when involved in the taking of same.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1801 - Acquisition Of Property › Section 1801.3 - Application for order of immediate possession

Current through Register Vol. 46, No. 28, July 10, 2024
An application for an order of immediate possession, made
						to a court in a condemnation proceeding, may include a request that the order
						provide for immediate vesting of title to the property, upon the filing of the
						order of immediate possession.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1801 - Acquisition Of Property › Section 1801.4 - Condemnation proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
Where financial assistance is to be made available or for
						which an application therefor has been made, the following shall be submitted
						to the commissioner simultaneously with an application to the court for
						condemnation of property:
(a) A
					 property map showing parcels to be condemned.
(b) The resolution authorizing condemnation
					 proceedings.
(c) An opinion of
					 agency counsel stating that all requirements of State and local law and Title I
					 of the Housing Act of 1949, as amended and supplemented, have been
					 met.
(d) A copy of the petition to
					 the court for the condemnation.
(e)
					 If the petition does not contain a request for an order of immediate possession
					 and/or vesting of title, an explanation of the reasons therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1802 - Disposition Of Property › Section 1802.1 - Notification and method

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notification of intention to dispose of project real property shall be given to
					 the commissioner by the agency before any final steps are taken to dispose of
					 same. Such notification shall identify the property and the method of
					 disposition.
(b) The method of
					 disposition shall be by public auction or by sealed bid unlessthe disposition
					 is to be made pursuant to and in accordance with the provisions of subdivision
					 2 of section 507 of the Law.
(c)
					 Until an urban renewal plan is approved, no property in an urban renewal area,
					 acquired during early acquisition, shall be sold.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1802 - Disposition Of Property › Section 1802.3 - Public utility use

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the governing body first determines that use of
						urban renewal project land for public utility use is not inconsistent with the
						previously approved urban renewal plan for the duly designated project area,
						the municipality or agency may grant, sell, convey or lease, without public
						hearing or public letting, franchises, easements or rights of way in any lands
						acquired by the municipality or agency, to a public utility subject to the
						jurisdiction of the Public Service Commission, for construction and maintenance
						of public utility distribution systems, and the conduct and operation of such
						distribution systems for such length of time as may be deemed advisable and
						upon such terms, conditions, restrictions and considerations as in the judgment
						of the governing body shall seem proper, provided, that any such grant, sale,
						conveyance or lease for such purpose shall not be made absolute but shall as a
						condition thereof provide that such use shall be subject to the public
						convenience and necessity.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1802 - Disposition Of Property › Section 1802.4 - Designation of sponsors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
					 in the case of a limited profit housing company or a limited dividend housing
					 company organized under the provisions of articles 2 and 4, respectively, of
					 the Private Housing Finance Law, the agency may designate one or more sponsors
					 as "qualified and eligible". A designation shall not carry with it any
					 preference. If only one sponsor is designated for the whole project, or for a
					 particular parcel, publication of notice of availability of Redeveloper's
					 Statement for Public Disclosure shall precede approval of the designation by
					 the governing body.
(b) In addition
					 to sponsors designated by the agency as qualified and eligible, the governing
					 body may submit the names of other interested sponsors to the agency for its
					 determination as to whether they are qualified and eligible.
(c) The governing body may thereafter proceed
					 to approve the designated sponsor as qualified and eligible, by ordinance or
					 resolution. The governing body may not approve a sponsor not designated as
					 qualified and eligible by the agency.
(d) Such "designation" or approval may take
					 place at any time after the approval of the urban renewal plan by the planning
					 commission and the governing body, establishment of the "rules and procedures",
					 and filing such rules and procedures with the commissioner, without regard to
					 whether or not acquisition has yet taken place.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.1 - Eligibility for State financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A contract for a State loan and subsidy
					 may be made, within appropriation therefor, with respect to
(1) a program of urban renewal when a
					 municipality has contracted with the federal government for a capital grant on
					 or after April 30, 1959, or
(2) the
					 additions to a program commenced prior to May 1, 1959 as to which the federal
					 capital grant has been increased pursuant to contract amendment entered into on
					 or after such date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter V - Urban Renewal › Subchapter A - Urban Renewal Assistance Program › Part 1803 - Eligibility For And Requisitioning Of State Urban Renewal Assistance Funds › Section 1803.2 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) One signed
					 original and two conformed copies of the respective forms hereinafter mentioned
					 shall be submitted to the commissioner in connection with a request for
					 financial assistance, except that where no federal financial assistance is
					 involved, no federal forms, documents or contracts and no federal approvals are
					 required:
(1) Application for financial
					 assistance. The application is to be submitted with two certified copies of the
					 capital grant contract between the municipality and federal government; or loan
					 and grant contract between the Municipal Urban Renewal Agency and federal
					 government and cooperation agreement between the municipality and the Municipal
					 Urban Renewal Agency; two copies of each of the following: Project Cost
					 Estimate and Financial Plan, HUD form H-6200, Project Expenditures Budget, HUD
					 form H-6220, as approved with attached explanation of differences; Schedule of
					 Urban Renewal Insurance Coverage, HUD form H-6206, or a certificate of
					 insurance showing all federally required coverage; and the workable program
					 requirements as contained in section
					 1806.1.
(2) In the case of a municipality, a
					 resolution authorizing the submission adopted by the governing body.
(3) In the case of a Municipal Urban Renewal
					 Agency,
(i) a resolution authorizing the
					 submission adopted by the governing body of the municipality,
(ii) a resolution authorizing the submission
					 adopted by the Municipal Urban Renewal Agency.
(4) Schedule supporting the request for
					 assistance.