44-C - Federally-aided mortgage loans.

§  44-c.  Federally-aided mortgage loans. 1. In addition to the powers  of the agency to make mortgage loans to companies organized pursuant  to  article   two  of  this  chapter  and  notwithstanding  any  limitations  contained in such article or in this article in connection with mortgage  loans made to such companies, the agency may make or finance the  making  of  a  federally-aided mortgage loan to the owner of a project upon such  terms and conditions  not  inconsistent  with  the  provisions  of  this  section  as it shall require, the proceeds of which are substantially to  be used to finance the construction, reconstruction,  rehabilitation  or  improvement  of  a  project  intended  to  be  occupied by three or more  families. A federally-aided mortgage loan made or financed by the agency  shall not exceed an amount equal  to  the  lesser  of  (i)  the  maximum  mortgage  loan  authorized or approved by the federal government or (ii)  one hundred percent of the development cost of the project  approved  by  the agency.    2.  No  federally-aided  mortgage  loan shall be made or financed to a  company organized pursuant to article two of  this  chapter  unless  the  commissioner  has  made  the  findings  required  by  such  article.  No  federally-aided mortgage loan shall be made or  financed  to  any  other  person,  firm,  corporation,  partnership  or association unless (a) the  commissioner finds that (i) the project is consistent with the needs  of  the  state and the county, city, town or village in which it is located,  or  with  a  plan  or  undertaking  for   the   clearance,   replanning,  reconstruction or rehabilitation of a substandard and insanitary area or  areas,  and (ii) the plans and specifications for the project conform to  all  applicable  federal,  state  and  local  laws,  ordinances,  rules,  regulations  or  requirements,  (in making such finding the commissioner  may rely upon approvals, consents  and  certifications  of  governmental  authorities  exercising  jurisdiction  over  the  project, including the  federal and state government, and any subdivision, agency, bureau, board  or commission thereof), and (b) the agency finds that (i) the  estimated  revenues  of  the project will be sufficient to cover all probable costs  of  operations  and  maintenance,  all  installments  of  principal  and  interest  on  the  indebtedness relating to the project, taxes, and such  other expenses,  including  the  maintenance  of  reserves,  as  may  be  projected  or required by the agency or the federal government, and (ii)  the project is to be substantially occupied by persons  or  families  of  low-income.  In  determining  whether  a  project  will be substantially  occupied by persons or families of low-income the  agency  may  consider  and  rely upon the purpose of the federal program of mortgage insurance,  co-insurance, or housing assistance payments in  connection  with  which  the mortgage loan is made.    3.  A  company organized pursuant to article two of this chapter which  subsequent to the first day of June, nineteen hundred  seventy-nine  has  obtained a commitment from the agency to make or finance the making of a  federally-aided  mortgage loan and the project of such company shall not  be subject to any restrictions, limitation or procedure  imposed  by  or  pursuant  to such article relating to any matter which is the subject of  any restriction, limitation or procedure imposed by or pursuant  to  any  applicable  law,  regulation or requirement of the federal government or  agreement entered into pursuant thereto.    4. As used in this section or in  connection  with  a  federally-aided  mortgage   loan   the  term  project  shall  mean  a  specific  work  or  improvement, whether or not to effectuate all or any part of a plan, and  shall include the lands, buildings  and  improvements  acquired,  owned,  constructed,  managed or operated to provide dwelling accommodations and  such incidental and appurtenant commercial, recreational  and  community  facilities as may be approved by the agency.