Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 81
Mortgages and mortgage bonds
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 4
§ 81. Mortgages and mortgage bonds. 1. (a) Any housing company formed
under this article may, subject to the approval of the commissioner,
borrow funds and secure the repayment thereof by bond or note and
mortgage or by an issue of bonds under trust indenture. Each mortgage or
issue of bonds by a housing company formed hereunder shall relate only
to a single specified project and no other and said bonds shall be
secured by mortgage upon all of the real property of which said project
consists.

(b) First lien bonds or notes of such housing company when secured by
a mortgage not exceeding four-fifths of the estimated cost prior to the
completion of the project, or four-fifths of the appraised value or
actual cost, whichever shall be less, after such completion, as
certified by the commissioner, are hereby declared securities in which
all public officers and bodies of the state and of the municipal
subdivisions, all insurance companies and associations, and all savings
banks and savings institutions, including savings and loan associations,
in the state may properly and legally invest the funds within their
control.

2. The bonds and notes so issued and secured and the mortgage or trust
indentures relating thereto, may create a first or senior lien and a
second or junior lien upon the real property embraced in any project;
provided, however, that the total mortgage liens shall not exceed eighty
per centum of the estimated cost prior to the completion of the project,
or eighty per centum of the appraised value or actual cost, whichever
shall be less, as certified by the commissioner after such completion.
Where there is a first and a second mortgage lien upon the property
embraced in a project, only the first or senior lien thereon shall be
deemed a security in which such officers, bodies, corporations and
associations may invest the funds within their control. Such bonds and
mortgages, notes and mortgages or trust indentures may contain such
other clauses and provisions as shall be approved by the commissioner,
including the right to assignment of rents and entry into possession in
case of default and including in the case of a housing company which is
a partnership or trust the right of the partners or trustees, as the
case may be, to be free of any personal liability thereunder; but the
operation of the housing project in the event of such entry by mortgagee
or receiver shall be subject to the regulations of the commissioner
under this article. Provisions for the amortization of the bonded
indebtedness or notes of indebtedness of companies formed under this
article shall be subject to the approval of the commissioner.

3. (a) So long as funds made available by the federal government or
any instrumentality thereof or any mortgage, mortgage bonds or notes
guaranteed or insured by the federal government or any instrumentality
thereof, or any mortgage or mortgage bonds or notes secured by
obligations so guaranteed or insured, or tax exempt obligations issued
pursuant to section eleven of the United States housing act of nineteen
hundred thirty-seven, are used in financing, in whole or in part, any
project under this article, the capital structure of a housing company
undertaking such project and the proportionate amount of the cost of the
lands and improvements to be represented by mortgages, bonds or notes
shall be entirely in the discretion of the commissioner; and all
restrictions as to the amounts to be represented by mortgages, mortgage
bonds, mortgage notes, income debentures or shares shall be inapplicable
to such projects or to housing companies undertaking such projects,
except that the bonds, notes, mortgages, debentures and shares covering
any project shall not exceed the actual final cost of such project, as
defined in this article.

(b) Notwithstanding anything contained in paragraph (b) of subdivision
one of this section, first lien bonds or other obligations of housing
companies, secured by a first mortgage upon all of the real property of
a project and not exceeding the estimated cost prior to the completion
of the project, or the appraised value or actual cost, whichever shall
be less, after such completion, as certified by the commissioner, are
hereby declared securities in which all public officers and bodies of
the state and of the municipal subdivisions, all insurance companies and
associations, and all savings banks and savings institutions, including
savings and loan associations, in the state may properly and legally
invest the funds within their control, provided that

(1) the federal housing commissioner has insured, or has made a
commitment to insure, such mortgage; or

(2) such bonds or other obligations are guaranteed or insured to at
least forty per centum of the principal amount thereof under title three
of an act of congress of the United States entitled the "Servicemen's
Readjustment Act of 1944," or are secured by obligations so guaranteed
or insured; or

(3) such bonds or other obligations evidence a loan for the purpose of
financing construction and are to be guaranteed or insured under said
title three, as hereinabove provided, upon completion of such
construction, and all funds advanced on such loan are guaranteed or
insured under said title three to the extent of at least thirty per
centum of such advance, or are secured by obligations so guaranteed or
insured.

* 4. So long as funds made available by the New York state urban
development corporation, pursuant to the New York state urban
development corporation act, are used in financing, in whole or in part,
any project under this article, all restrictions as to the amounts to be
represented by mortgages, mortgage bonds, mortgage notes, income
debentures or capital shall be inapplicable to such projects or to
housing companies undertaking such projects, provided however that any
mortgage loan from the New York state urban development corporation to
housing companies undertaking such projects shall not exceed ninety-five
per centum of project cost, as certified by the commissioner.
* NB (Effective until ruling by Internal Revenue Service)

* 4. So long as funds made available by the New York state urban
development corporation or the New York state housing finance agency,
pursuant to the New York state urban development corporation act or the
New York state housing finance agency act, as the case may be, are used
in financing, in whole or in part, any project under this article, all
restrictions as to the amounts to be represented by mortgages, mortgage
bonds, mortgage notes, income debentures or capital shall be
inapplicable to such projects or to housing companies undertaking such
projects, provided however that any mortgage loan from the New York
state urban development corporation or the New York state housing
finance agency, as the case may be, to housing companies undertaking
such projects shall not exceed ninety-five per centum of project cost,
as certified by the commissioner.
* NB (Effective pending ruling by Internal Revenue Service)

5. The capital structure of a housing company acquiring a project from
a company organized pursuant to article eleven of this chapter may be
fixed by the commissioner, notwithstanding any limitations in this
article as to the amount to be represented by mortgages, debentures or
capital.