N.Y. Urban Development Corporation Act 174/68 § 16-dd: Community development revolving loan program

§ 16-dd. Community development revolving loan program. 1. Definitions.

As used in this section, the following terms shall have the following

meanings:

(a) "Community development financial institution" means an

organization whose principal office is located in this state, which has

been certified as a community development financial institution by the

federal community development financial institutions fund, as

established pursuant to 12 U.S.C. § 4701, et seq.

(b) "Investment area" means a geographic area which:

(i) Is economically distressed as defined in section sixteen-d of this

act; and

(ii) Has significant unmet needs for loans or is located in a

federally designated empowerment zone or enterprise community as

established pursuant to title XIII of the federal omnibus budget

reconciliation act of 1993 (Public Law 103-66).

(c) "Low income" means having an income, adjusted for family size, of

not more than:

(i) For metropolitan areas, eighty percent of the area median income;

or

(ii) For non-metropolitan areas, the greater of eighty percent of the

area median income or the statewide non-metropolitan area median income.

(d) "Targeted population" means low-income individuals, minority and

women-owned business enterprises, small businesses, microbusinesses,

small farm businesses, community-based not-for-profit corporations, and

such other individuals and entities that otherwise lack adequate access

to loans as the corporation shall establish through guidelines.

(e) "Target market" means a defined service area which serves one or

more investment areas or targeted population.

2. The community development revolving loan program is hereby created

to provide low interest loans or loan guarantees to a target market,

where it is underserved and otherwise difficult to obtain regular bank

financing. Such loans or loan guarantees shall be made by a community

development financial institution and shall be made in target markets to

members of a targeted population for purposes including, but not limited

to, working capital, the acquisition and/or improvement of real

property, the acquisition of machinery and equipment, property or

improvements thereto, residential mortgages, commercial mortgages,

housing rehabilitation, home improvement, and for such other purposes as

the corporation shall establish through guidelines.

3. A community development financial institution desiring to

participate in the program shall execute an agreement in such form as

the corporation may prescribe and shall contain such terms and

provisions as the corporation or its agent may deem as necessary and

appropriate.

4. (a) The corporation is hereby authorized to administer the program

created in subdivision two of this section or, alternatively, to do the

following:

(i) enter into a contract with a third party to act as the agent of

the corporation with respect to the administration of such program,

pursuant to a competitive process;

(ii) conduct an annual review and assessment of the performance of the

third party in its capacity as agent for the corporation to determine

whether the contract referenced in subparagraph (i) of this paragraph

should be renewed for an additional two year period. The review shall be

based on whether the third party agent has satisfactorily met the terms

and conditions of the contract; and

(iii) promulgate rules and regulations with respect to the

implementation of the community development revolving loan program

established by this section and any other rules and regulations

necessary to fulfill the purposes of this section, in accordance with

the state administrative procedure act.

(b) Any contract entered into pursuant to subparagraph (i) of

paragraph (a) of this subdivision shall:

(i) be for a period of two years and shall be renewed for an

additional two year period subject to requirements of subparagraph (ii)

of paragraph (a) of this subdivision; and

(ii) provide for compensation for expenses incurred by the third party

agent in connection with its services as agent and for such other

services as the corporation may deem appropriate including, but not

limited to the use of the premises, personnel and personal property of

the third party agent.

5. The corporation is authorized to establish a revolving loan fund

account into which funds may be received from any source, including but

not limited to, the corporation, financial institutions, insurance

companies, business corporations and from settlements of civil actions

by the department of financial services, and from which funds may be

expended for the aforementioned purposes.

6. With respect to loans pursuant to this program, a community

development financial institution may charge application, commitment and

loan guarantee fees subject to a schedule of fees approved by the

corporation.

7. A community development financial institution participating in the

program shall submit to the corporation, an annual report detailing the

following:

(a) the number of program loans made;

(b) the amount of program funding used for loans;

(c) the use of loan proceeds by the borrower;

(d) the number of jobs created or retained;

(e) a description of the economic development generated;

(f) the status of outstanding program loans; and

(g) such other information as the corporation or its agent shall

require.

8. The corporation may directly or through a third party conduct

audits of a community development financial institution's compliance

with the provisions of this section and any regulations promulgated. In

the event of substantive noncompliance, the corporation may terminate

the participation of such community development financial institution in

the program.