Legislation
SECTION 127
Acquisition by mutual redevelopment companies
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 5
§ 127. Acquisition by mutual redevelopment companies. Anything in this
article to the contrary notwithstanding:
(a) With the approval of the supervising agency, any person owning a
project may convey such project to a mutual redevelopment company and a
mutual redevelopment company may be organized to acquire an existing
project prior to expiration of an initial tax exemption granted pursuant
to section one hundred twenty-five, and may own, maintain, operate,
sell, and convey such project pursuant to this article. In part payment
of the purchase price therefor, such company may execute and deliver a
bond and mortgage or an issue of bonds under a trust indenture, the
aggregate principal amount of which does not exceed ninety per centum of
such purchase price, and which shall be secured by a first mortgage upon
all the real property of which such project consists. Such bonds are
hereby declared securities in which all public officers and bodies of
the state and of its municipal subdivisions, all insurance companies and
associations, all savings banks and savings institutions, including
savings and loan associations, executors, administrators, guardians,
trustees, and all other fiduciaries in the state may properly and
legally invest the funds within their control. The total capital created
and bonds or debentures issued by such mutual redevelopment company
shall not exceed the total cost of the purchase of the project and an
allowance for working capital not greater in amount than three per
centum of such cost.
(b) With the consent of the local legislative body, any initial tax
exemption granted pursuant to section one hundred twenty-five, shall
continue after conveyance of a project to a mutual redevelopment company
for the period of years originally provided for in the contract, or for
the unexpired portion thereof if such period shall have commenced,
subject to prior termination pursuant to section one hundred twenty-four
or section one hundred twenty-five, and this article shall continue to
be applicable to such project as though such project had been initially
undertaken by such mutual redevelopment company; provided, however, that
nothing herein shall require the resubmission of the plan of the project
and the contract relating thereto for approval pursuant to section one
hundred fourteen. The contract may, with the approval of the local
legislative body and of the holder of the mortgage on the project, be
modified in a manner consistent with this section.
article to the contrary notwithstanding:
(a) With the approval of the supervising agency, any person owning a
project may convey such project to a mutual redevelopment company and a
mutual redevelopment company may be organized to acquire an existing
project prior to expiration of an initial tax exemption granted pursuant
to section one hundred twenty-five, and may own, maintain, operate,
sell, and convey such project pursuant to this article. In part payment
of the purchase price therefor, such company may execute and deliver a
bond and mortgage or an issue of bonds under a trust indenture, the
aggregate principal amount of which does not exceed ninety per centum of
such purchase price, and which shall be secured by a first mortgage upon
all the real property of which such project consists. Such bonds are
hereby declared securities in which all public officers and bodies of
the state and of its municipal subdivisions, all insurance companies and
associations, all savings banks and savings institutions, including
savings and loan associations, executors, administrators, guardians,
trustees, and all other fiduciaries in the state may properly and
legally invest the funds within their control. The total capital created
and bonds or debentures issued by such mutual redevelopment company
shall not exceed the total cost of the purchase of the project and an
allowance for working capital not greater in amount than three per
centum of such cost.
(b) With the consent of the local legislative body, any initial tax
exemption granted pursuant to section one hundred twenty-five, shall
continue after conveyance of a project to a mutual redevelopment company
for the period of years originally provided for in the contract, or for
the unexpired portion thereof if such period shall have commenced,
subject to prior termination pursuant to section one hundred twenty-four
or section one hundred twenty-five, and this article shall continue to
be applicable to such project as though such project had been initially
undertaken by such mutual redevelopment company; provided, however, that
nothing herein shall require the resubmission of the plan of the project
and the contract relating thereto for approval pursuant to section one
hundred fourteen. The contract may, with the approval of the local
legislative body and of the holder of the mortgage on the project, be
modified in a manner consistent with this section.