N.Y. Private Housing Finance Law § 26-b: Special provisions with respect to state urban development corporation projects

§ 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.