N.Y. Public Housing Law § 71: Conditions precedent to state loans

§ 71. Conditions precedent to state loans. 1. No loan shall be made

unless the commissioner finds that: (a) the project is in conformity

with a plan or undertaking for the clearance, replanning, reconstruction

or rehabilitation of a substandard and insanitary area or areas and for

recreational and other facilities incidental or appurtenant thereto;

(b) The municipality in which such project is to be located has

enacted or will enact zoning regulations, or other restrictions

adequately protecting the area or areas in which the project is to be

undertaken, against future uses likely to depreciate unduly the value of

such project;

(c) The estimated revenues, including any governmental grants, of the

project or part for which such loan is to be made will be sufficient to

cover all probable costs of operation and maintenance, of fixed charges

and operating and depreciation reserves;

(d) The plans and specifications conform or will conform to the

requirements of this and all other laws applicable thereto, assuring

adequate light, air, sanitation and fire protection;

(e) Adequate open spaces for recreation are provided within the

project or provision therefor has been made conveniently near the

project; stating the manner in which such spaces are provided or are

proposed to be within the project or near thereto;

(f) Adequate school facilities are near the project or provision

therefor has been made, listing such facilities;

(g) The occupants of the proposed housing accommodations will have

convenient access to probable places of employment;

(h) That an adequate number of dwelling units especially designed for

the convenience and safety of aged persons as may be defined by the

commissioner shall be provided where a survey of the community in which

the project is located indicates a need therefor, and that provision

will be made to insure that such aged persons shall have priority in the

rental thereof. Where all, or substantially all of the dwelling units in

a project have been especially designed for the convenience and safety

of aged persons, the finding required under paragraph (f) of this

subdivision need not be made.

(i) an adequate number of dwelling units especially designed for the

convenience and safety of handicapped persons as may be defined by the

commissioner shall be provided where a survey of the community in which

the project is located indicates a need therefor, that provision will be

made to insure that such handicapped persons shall have priority in the

rental thereof, and that a project is designed to facilitate

unobstructed ingress to and egress from a project.

2. Such findings shall be conclusive evidence of the facts therein

contained except upon proof of fraud or wilful misfeasance by the

commissioner.