N.Y.
Private Housing Finance Law Section 27
Limitations
1.
Acquire any real property or interest therein unless it shall first have obtained from the commissioner or the supervising agency, as the case may be, a certificate that such acquisition is necessary or convenient for the public purpose defined in this article.2.
Pay interest upon its income debentures at a rate higher than six per centum per annum except as otherwise provided in this article.3.
Issue its stock, income debentures and bonds covering any project in an amount greater in the aggregate than the actual project cost.4.
Without first having obtained the written consent of the commissioner or the supervising agency, as the case may be:(a)
Construct, reconstruct, rehabilitate, improve or alter any project, or enter into any contract therefor.(b)
Sell, transfer or assign any real property, except that no such consent shall be necessary in any sale in foreclosure as herein provided.(c)
Except as otherwise provided in this article, encumber, lease or rent all or any part of its real property.(d)
Enter into contracts for the operation of the project.(e)
Make a guaranty of payment.(f)
Voluntarily dissolve.(g)
Enter into contracts for the payment of salaries to officers or employees.5.
Pay interest on its mortgage indebtedness at a rate higher than six per centum per annum, or at such higher rates as may be approved by the commissioner, or the supervising agency, as the case may be, but in no event shall any such rate exceed the rate of interest prescribed by the superintendent of financial services pursuant to Banking Law § 14-A (Rate of interest)section fourteen-a of the banking law or, in the case of a mortgage loan insured or held by the federal government, the rate approved by the federal government; provided, however, that in the case of a company carrying out a state urban development corporation project or in the case of an instrument or instruments securing the residual indebtedness of a company, which indebtedness is secured by a mortgage on the real property of a project, such rate shall not exceed the rate of interest prescribed by the superintendent of financial services pursuant to Banking Law § 14-A (Rate of interest)section fourteen-a of the banking law or nine per centum per annum, whichever is the higher; and further provided, however, that, in the case of a company that is a mortgagor under a mortgage assigned to or acquired by the New York city housing development corporation pursuant to subdivision twenty-one of § 654 (Powers of the corporation)section six hundred fifty-four of this chapter and whose project is aided by a subsidy from the federal government, such rate shall be the rate of interest approved by the supervising agency. Notwithstanding the foregoing provisions of this section, the rate of interest that a company shall have the power to pay on that portion of its mortgage indebtedness attributable to an investment or participation in a loan made pursuant to subdivision one of section fifteen by an organization or entity mentioned in such subdivision, shall be the rate of interest approved by the commissioner or the supervising agency, as the case may be.6.
Notwithstanding the provisions of subdivision five of this section twenty-seven, a company, which has obtained a mortgage loan from the New York city housing development corporation or the New York state housing finance agency and where it is necessary for additional bonds or notes to be issued by the New York city housing development corporation or the New York state housing finance agency (i) in order to obtain funds to fulfill the mortgage loan commitment to such company, as such commitment may be amended or (ii) to refund or renew notes issued in fulfillment thereof, for a project partially or temporarily financed by bonds or notes issued, in the case of the New York city housing development corporation, prior to the first day of August, nineteen hundred seventy-five, and in the case of the New York state housing finance agency, prior to the thirty-first day of December, nineteen hundred seventy-five , may pay interest on that portion of its mortgage indebtedness, the funds for which were obtained by the New York city housing development corporation or the New York state housing finance agency through the issuance of such additional or refunding bonds or notes, at a rate not in excess of the cost of financing incurred by the New York city housing development corporation or the New York state housing finance agency, as the case may be, to issue such additional or refunding bonds or notes, provided that, with respect to the New York city housing development corporation, such corporation determines that such cost of financing is reasonable and the commissioner or the supervising agency, as the case may be, shall approve such cost of financing.
Source:
Section 27 — Limitations, https://www.nysenate.gov/legislation/laws/PVH/27 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
