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This entry was published on 2014-09-22
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SECTION 26-B
Special provisions with respect to state urban development corporation projects
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 2
§ 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.