§ 357. Financing. 1. Any company formed under this article may, subject to the approval of the commissioner, borrow funds from the New York state housing finance agency and secure the repayment thereof by bond or note and mortgage which shall contain such terms and conditions as may be deemed necessary or desirable by the New York state housing finance agency or required by any agreement between the New York state housing finance agency and the holders of its notes and bonds with respect to such companies, including the right to assignment of rates and fees and entry into possession in case of default, but the operation of such project, in the event of such entry, shall be subject to regulations promulgated by the department.

Terms Used In N.Y. Private Housing Finance Law 357

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

2. The New York state housing finance agency may make a contract to make loans to companies not to exceed the total project cost. Any such loan shall be secured by a first mortgage lien upon all the real property and improvements of which the project consists and upon all fixtures and articles of personal property attached to or used in connection with the construction, acquisition, reconstruction, rehabilitation, improvement or operation of the project.

3. Any inconsistent provision of law to the contrary notwithstanding, mortgages of a company shall be exempt from the mortgage recording taxes imposed by Article 11 of the tax law.

4. The provision of community centers for senior citizens and of programs and services for senior citizens is hereby declared to be a proper public and municipal purpose for which the moneys of the state and of its political subdivisions and of all public corporations may be raised and expended. The state, and each political subdivision of the state, and each public corporation of the state or a political subdivision thereof, and individuals, foundations and all other private organizations and corporations may make capital grants to any company organized pursuant to this article and such company may accept and receive the same and apply the same in payment or reduction of the project cost.