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This entry was published on 2023-10-27
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SECTION 473
Conditions precedent to making such loans
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 8-B
§ 473. Conditions precedent to making such loans. 1. No such loan
shall be made to an owner of an existing private or multiple dwelling
unless the owner of such private or multiple dwelling shall covenant in
writing that so long as any part of such loan shall remain unpaid or any
requirement imposed as a condition for making such loan that survives
the repayment of such loan, including, but not limited to, in a
regulatory agreement executed by such owner and the agency or a
restrictive covenant approved by such agency, remains in effect: (i) the
owner or managing agent or operator of such dwelling shall permit the
duly authorized officers, employees, agents or inspectors of the agency
to enter in or upon and inspect such private or multiple dwelling at all
reasonable hours; (ii) the agency by such duly authorized
representatives as aforesaid shall have full power to investigate into
and order the owner of such dwelling to furnish such reports and
information as it may require concerning such rehabilitation or
improvement and shall have full power to audit the books of said owner
with respect to such matters; and (iii) if the property to be
rehabilitated is a multiple dwelling, the owner will submit to the
agency annually a statement of income and expenses of such dwelling, in
such form as shall be approved by the agency.

2. A municipality shall neither make nor participate in a loan to an
owner of an existing private or multiple dwelling pursuant to this
article unless the agency finds that (i) the area in which such dwelling
is situated is a blighted, deteriorated or deteriorating area or has a
blighting influence on the surrounding area, or is in danger of becoming
a slum or a blighted area because of the existence of substandard,
unsanitary, deteriorating or deteriorated conditions, an aged housing
stock, or other factors indicating an inability of the private sector to
cause such rehabilitation to be made; or (ii) the owner of such private
or multiple dwelling is a person or family of low income.

3. The agency shall have the power to impose additional terms and
conditions precedent to make such loans.