Sec. 17a-223. (Formerly Sec. 19a-464f). Requirements of borrowers. Capital loan agreement.
               	 		
      Sec. 17a-223. (Formerly Sec. 19a-464f). Requirements of borrowers. Capital 
loan agreement. (a) If the organization is seeking to purchase and renovate a new 
community residential facility or to rehabilitate an existing community residential facility, it shall provide to the department: (1) An independent appraisal by a state certified 
real estate appraiser; and (2) a structural survey of the home by a state licensed engineer. 
The department shall not provide community residential facility loan funds for the purchase of a residential facility in principal amounts which are in excess of its appraised 
value and shall not provide such loan funds for renovation or rehabilitation in principal 
amounts which are in excess of actual and reasonable cost as defined in department 
standards.
      (b) The borrower shall sign a capital loan agreement in which it agrees to meet all 
existing department guidelines for use of loan funds and to use such loan funds exclusively for the purchase of property, construction, renovation or rehabilitation of a community residential facility approved by the department.
      (c) The borrower shall agree to maintain the facility as a licensed community residential facility for a period equal to the amortization period of the loan. The minimum 
such obligation shall be five years and the maximum such obligation shall be thirty 
years.
      (d) If the borrower receives a loan equal to one hundred per cent of the total property 
development cost of a new community residential facility, it shall agree to reserve one 
hundred per cent of the maximum number of beds in the funded community residential 
facility for department referrals from state institutions and waiting lists until such time 
as the department determines this no longer to be necessary. If the borrower receives a 
loan which provides less than one hundred per cent of the total property development 
cost of a new community residential facility, it shall agree to reserve not less than two-thirds of the maximum number of beds in the funded community residential facility 
for department referrals from state institutions and waiting lists until such time as the 
department determines this no longer to be necessary. The department may establish 
priorities for the development of new community residential facilities serving persons 
with specialized needs and may give preference in funding to applications addressing 
such needs.
      (e) The borrower shall provide the department with a promissory note equal to the 
amount of the loan which shall provide for repayment of the loan principal and interest 
within a period not to exceed thirty years and a mortgage deed as security for the loan. 
Such mortgage may be subordinate to a first mortgage interest in the property given by 
the organization for the purpose of developing such property, provided that the total of 
both mortgage interests shall not exceed the limit of total property development cost as 
set forth in section 17a-220. The department shall file a lien against the title of the 
property for which community residential facility loan funds are expended.
      (f) The capital loan agreement shall require the borrower to make periodic payments 
of principal and interest to the department which payments shall be deposited in the 
Community Residential Facility Revolving Loan Fund.
      (g) In the event of a default or if the capital loan agreement is terminated prior to 
the borrower's having satisfied its obligations under said agreement, the department 
shall require the return to the Community Residential Facility Revolving Loan Fund of 
the outstanding amount of the loan and may foreclose on its mortgage in accordance 
with the provisions of chapter 49.
      (h) In the event that the borrower's license to operate the community residential 
facility is terminated by the department for cause, the department may bring an action 
to place the facility into receivership pursuant to sections 17a-231 to 17a-237, inclusive, 
may contract with a private nonprofit corporation to operate the facility or may operate 
the facility with department staff until such license is restored. If such license is not 
restored within one year, this shall constitute a default and the department may pursue 
the remedies provided in this subsection.
      (P.A. 85-472, S. 4, 7.)
      History: Sec. 19a-464f transferred to Sec. 17a-223 in 1991.