N.Y.
Private Housing Finance Law Section 573
Incorporation and organization of non-profit housing corporations
1.
A housing development fund company shall be incorporated pursuant to the provisions of this article and the provisions of either (a) the business corporations law, (b) the not-for-profit corporation law, or(c)
the not-for-profit corporation law and article 2 (Limited-profit Housing Companies)article two of this chapter.2.
The term “housing development fund corporation” or “housing development fund company” shall be included as a part of the corporate name as set forth in the certificate of incorporation.3.
The certificate of incorporation of any such corporation shall, in addition to any other requirements of law, provide:a.
that the company has been organized exclusively to develop a housing project for persons of low income;b.
that all income and earnings of the corporation shall be used exclusively for corporate purposes, and that no part of the net income or net earnings of the corporation shall inure to the benefit or profit of any private individual, firm, corporation or association;c.
that if the corporation receives a temporary loan or advance from the housing development fund or a municipal housing development fund, as established by or pursuant to article eleven of the private housing finance law, it shall be authorized to enter into an agreement with the commissioner of housing and community renewal of the state of New York or the supervising agency, as the case may be, providing for regulation with respect to rents, profits, dividends and disposition of property or franchises;d.
that if the corporation receives a temporary loan or advance from the housing development fund or a municipal housing development fund, as established by or pursuant to article eleven of the private housing finance law, the commissioner of housing and community renewal of the state of New York or the supervising agency, as the case may be, shall have the power, if, in his or its discretion, he or it determines either that any such temporary loan or advance is in jeopardy of not being repaid, or that the proposed housing project for which such temporary loan or advance was made is in jeopardy of not being constructed, to appoint to the board of directors of such corporation a number of new directors, which number shall be sufficient to constitute a majority of such board, notwithstanding any other provision of such certificate of incorporation or of any other provision of law.4.
The certificate of incorporation of any such corporation organized pursuant to the business corporation law and this article shall, in addition, provide that each housing project of such corporation shall be operated exclusively for the benefit of the persons or families who are entitled to occupancy in such housing project by reason of ownership of shares in such corporation, and that such corporation may issue shares for home owners purchase notes if the purchase transaction has received the written endorsement of the commissioner in accordance with supplementary rules and regulations of the commissioner made therefor and if at least two hundred dollars in money or property is received by such corporation toward the issuance of such shares.5.
The secretary of state shall not file the certificate of incorporation of any such corporation or any amendment thereto unless the consent or approval of the commissioner or the supervising agency, as the case may be, is affixed thereon or attached thereto. Consent to the filing of such certificate of incorporation shall be based upon findings by the commissioner or supervising agency as to the character and competence of the sponsor.
Source:
Section 573 — Incorporation and organization of non-profit housing corporations, https://www.nysenate.gov/legislation/laws/PVH/573 (updated Sep. 22, 2014; accessed Dec. 21, 2024).
