§ 75.05 Definitions.

As used in this article the following words and phrases shall have the
following meanings unless a different meaning is plainly required by the
context:

1. "Company", "community mental health services company" or "community
developmental disabilities services company". A company, duly
incorporated pursuant to the provisions of the not-for-profit
corporation law and this article, for the purpose of providing for the
care, treatment, training, education, and residence of the mentally
disabled, and such facilities as may be incidental or appurtenant
thereto.

2. "Project", "community mental health services project" or "community
developmental disabilities services project". A specific work or
improvement, including lands, buildings, improvements, fixtures, and
articles of personal property, constructed, acquired, reconstructed,
rehabilitated, managed, owned, or operated by a company pursuant to this
article, to provide community residential facilities for operation as
hostels for the mentally disabled or for the care, treatment, training,
education of the mentally disabled, or both, including such facilities
as may be incidental or appurtenant thereto.

3. "Local governmental unit." A local governmental unit established
pursuant to the provisions of article eleven of this chapter.

4. "Project cost", "community mental health services project cost" or
"community developmental disabilities services project cost". The sum
total of all costs incurred by a company as approved by the commissioner
as reasonable and necessary for carrying out all works and undertakings
and providing all necessary equipment for the development of a project
less any portion of any state, federal or municipal assistance grant, as
the commissioner shall, prior to the making of a mortgage loan by the
New York state housing finance agency to a company, determine to be
available to reimburse the company for the payment of such project costs
prior to the initial occupancy of the project, and all costs relating to
the refinancing of existing indebtedness associated with the development
of the project which constitutes a lien or other encumbrance upon the
real property or assets of a company to be mortgaged or otherwise
pledged to the agency. These shall include but are not necessarily
limited to the carrying charges during construction up to and including
the occupancy date, working capital not exceeding three per centum of
the estimated total cost or three percentum of the actual total final
cost, whichever is larger, the cost of all necessary studies, surveys,
plans and specifications, architectural, engineering, legal, or other
special services, the cost of acquisition of land and any improvements
thereon, site preparation and development, construction, reconstruction,
rehabilitation, improvement and equipment, including fixtures,
equipment, and articles of personal property required for the operation
of care, treatment, training, educational, and residential facilities,
the reasonable cost of financing incurred by the company in the course
of the development of the project, up to and including the occupancy
date, the fees imposed by the commissioner and by the New York state
housing finance agency; other fees charged, and necessary expenses
incurred in connection with the initial occupancy of the project, and
the cost of such other items as the commissioner may determine to be
reasonable and necessary for the development of a project, less any and
all rents and other net revenues from the operation of the real
property, improvements or personal property on the project site, or any
part thereof, by the company on and after the date on which the contract
between the company and the New York state housing finance agency was
entered into and prior to the occupancy date.

5. "Occupancy date". The date defined in the document providing for a
mortgage loan between a company and the New York state housing finance
agency.

6. "Lending Institution" means the original lender under the loan
agreement or participants therein and its successors and assigns, and
may include a banking institution, insurance company, foundation, labor
union, employers association, trustees, fiduciaries or any combination
of the foregoing.