N.Y. Mental Hygiene Law § 75.05: Definitions

§ 75.05 Definitions.

As used in this article the following words and phrases shall have the

following meanings unless a different meaning is plainly required by the

context:

1. "Company", "community mental health services company" or "community

developmental disabilities services company". A company, duly

incorporated pursuant to the provisions of the not-for-profit

corporation law and this article, for the purpose of providing for the

care, treatment, training, education, and residence of the mentally

disabled, and such facilities as may be incidental or appurtenant

thereto.

2. "Project", "community mental health services project" or "community

developmental disabilities services project". A specific work or

improvement, including lands, buildings, improvements, fixtures, and

articles of personal property, constructed, acquired, reconstructed,

rehabilitated, managed, owned, or operated by a company pursuant to this

article, to provide community residential facilities for operation as

hostels for the mentally disabled or for the care, treatment, training,

education of the mentally disabled, or both, including such facilities

as may be incidental or appurtenant thereto.

3. "Local governmental unit." A local governmental unit established

pursuant to the provisions of article eleven of this chapter.

4. "Project cost", "community mental health services project cost" or

"community developmental disabilities services project cost". The sum

total of all costs incurred by a company as approved by the commissioner

as reasonable and necessary for carrying out all works and undertakings

and providing all necessary equipment for the development of a project

less any portion of any state, federal or municipal assistance grant, as

the commissioner shall, prior to the making of a mortgage loan by the

New York state housing finance agency to a company, determine to be

available to reimburse the company for the payment of such project costs

prior to the initial occupancy of the project, and all costs relating to

the refinancing of existing indebtedness associated with the development

of the project which constitutes a lien or other encumbrance upon the

real property or assets of a company to be mortgaged or otherwise

pledged to the agency. These shall include but are not necessarily

limited to the carrying charges during construction up to and including

the occupancy date, working capital not exceeding three per centum of

the estimated total cost or three percentum of the actual total final

cost, whichever is larger, the cost of all necessary studies, surveys,

plans and specifications, architectural, engineering, legal, or other

special services, the cost of acquisition of land and any improvements

thereon, site preparation and development, construction, reconstruction,

rehabilitation, improvement and equipment, including fixtures,

equipment, and articles of personal property required for the operation

of care, treatment, training, educational, and residential facilities,

the reasonable cost of financing incurred by the company in the course

of the development of the project, up to and including the occupancy

date, the fees imposed by the commissioner and by the New York state

housing finance agency; other fees charged, and necessary expenses

incurred in connection with the initial occupancy of the project, and

the cost of such other items as the commissioner may determine to be

reasonable and necessary for the development of a project, less any and

all rents and other net revenues from the operation of the real

property, improvements or personal property on the project site, or any

part thereof, by the company on and after the date on which the contract

between the company and the New York state housing finance agency was

entered into and prior to the occupancy date.

5. "Occupancy date". The date defined in the document providing for a

mortgage loan between a company and the New York state housing finance

agency.

6. "Lending Institution" means the original lender under the loan

agreement or participants therein and its successors and assigns, and

may include a banking institution, insurance company, foundation, labor

union, employers association, trustees, fiduciaries or any combination

of the foregoing.