N.Y. Private Housing Finance Law § 401: Definitions

§ 401. Definitions. As used in this article the following terms shall

mean:

1. a. The term "existing multiple dwelling" shall mean any dwelling

classified as a multiple dwelling pursuant to the multiple dwelling law

including class A and class B multiple dwellings, and in existence on

the date upon which an application for a loan pursuant to this article

is received by the agency.

b. The term "existing multiple dwelling" shall also mean any building

in existence on the date upon which an application for a loan pursuant

to this article is received by the agency and which is intended on such

date to be converted to a class A or class B multiple dwelling.

c. The term "existing multiple dwelling" shall also mean a

not-for-profit institution with sleeping accommodations exclusively for

permanent residential purposes or any building in existence on the date

upon which an application for a loan pursuant to this article is

received by the agency which is intended to be converted to a

not-for-profit institution with sleeping accommodations exclusively for

permanent residential purposes.

2. The term "agency" shall mean any officer, board, commission,

department, or other agency of the municipality, or the authority or any

other public authority, designated by the local legislative body to

carry out the functions vested in the agency under this article or

delegated to the agency by the local legislative body in order to carry

out the purposes and provisions of this article.

3. a. The term "persons or families of low income" shall mean "persons

of low income" or "families of low income" as defined in section two of

this chapter.

b. Notwithstanding the provisions of paragraph a of this subdivision,

the term "persons or families of low income" shall also mean any person

or family who, immediately prior to the date on which a contract for a

loan with respect to an existing multiple dwelling is entered into

pursuant to the provisions of this article, occupies any dwelling unit

in such multiple dwelling and who continuously occupies such unit during

and after completion of central heating or other rehabilitation or

improvement performed pursuant to such contract provided, however, that

any person or family required to remove from any such dwelling unit

because of such installation, rehabilitation or improvement shall, for

the purpose of this section, be deemed to have continuously occupied

such unit and shall have preference in re-entering such multiple

dwelling upon completion of the aforesaid work.

4. The term "occupancy date" shall mean the date defined in the

contract for a loan pursuant to this article between the owner of an

existing multiple dwelling and a municipality as the date upon which

such multiple dwelling is to be deemed ready for occupancy, or if such

term is not defined in such contract, the date of issuance of the

temporary certificate of occupancy.

5. The term "rehabilitation", in addition to any other meaning, shall

include conversion of a class B multiple dwelling or a class A multiple

dwelling used in whole or in part for single room occupancy to a class A

multiple dwelling not used in whole or in part for single room

occupancy. The term "rehabilitation" shall also include the conversion

of any existing building to a class A or class B multiple dwelling.

6. The term "owner" shall mean a person having record or beneficial

title in fee simple to real property or the lessee thereof under a lease

having an unexpired term of at least thirty years.