UDG - Urban development guarantee fund of New York 175/68

                        Chapter 175 of the laws of 1968                  Urban development guarantee fund of N.Y.     Section  1.  Short  title. This act shall be known and may be cited as  the "Urban development guarantee fund of New York act".    § 2. Statement of legislative findings and purposes.  The  legislature  hereby  finds  that  in  certain  urban areas of our state the growth of  small business is impeded by the unavailability of reasonable credit for  buildings, equipment, credit for inventory and working  capital.    This  unavailability  of  reasonable  credit restricts business growth and job  opportunities and causes business failures resulting in unemployment and  underemployment with resulting persistent poverty in such  urban  areas.  The  amelioration  of  these  conditions is a responsibility of both the  public and private sector of our economy. Rehabilitation of the economic  life of blighted  areas  is  necessary  in  order  to  prevent  business  failures, to maintain the income of existing small business enterprises,  to  provide  a  business  climate  conducive  to the growth of new small  business enterprises, and to broaden the tax base of such  urban  areas,  all   to   afford   more  meaningful  and  rewarding  business  and  job  opportunities for the residents of  such  areas,  thereby  reducing  the  hazards  of  unemployment  and  raising  the  job  opportunities  of the  underemployed.    The legislature further finds that in certain urban areas of our state  the construction,  reconstruction,  rehabilitation  and  improvement  of  housing  accommodations  is impeded by the shortage of mortgage funds at  reasonable interest rates and the  lack  of  available  credit  for  the  rehabilitation  of older buildings which lack proper heating or sanitary  facilities or which do not comply  in  full  with  modern  building  and  maintenance  code  standards.  The unaided efforts of private enterprise  have not provided and cannot provide an  adequate  supply  of  safe  and  sanitary  housing  within  the financial reach of many families in urban  areas. The upgrading and improvement of such areas through  programs  of  new  construction,  rehabilitation  and  home  improvement  can  provide  additional tax revenues to the community and assist  in  attracting  and  retaining business and industry.    In  order  to  assist  in  the  rehabilitation of these areas and give  constructive attention to the welfare of the needy  residents  of  these  areas, the legislature finds and declares that the marshalling of public  and  private  capital  to make sufficient credit available at the lowest  feasible interest rates to encourage the expansion of small business, to  provide the incentives for the establishment of sound new small business  enterprises and  to  promote  the  construction  and  rehabilitation  of  housing accommodations in such areas, will create new job opportunities,  effectively  reduce unemployment and strengthen the economic base of the  community as a whole, thereby reducing the burdens of poverty and need.    This result can best be accomplished by a loan  guarantee  program  to  guarantee   loans   to   small   businesses   and   owners   of  housing  accommodations,  including  one  and  two  family  homes  and   multiple  dwellings,  unable  to  obtain  reasonable  credit  through conventional  financial sources. The legislature further finds that  the  adoption  of  such  a loan guarantee program to mitigate the economic and social evils  of unemployment, underemployment and inadequate housing is for a  public  purpose,  and to achieve these ends there should be created a non-profit  corporation to be known as the urban development guarantee fund  of  New  York, having such powers and duties as set forth herein.    § 3. Definitions. 1. "Small business" shall mean a business located in  an  area  having one or more of the characteristics described in section  two  which  is  unable  to  obtain  adequate  financing  to  maintain  a

  stabilized work force or increase job opportunities by virtue of (a) its  location, (b) its net assets or (c) its dollar volume of business.    2.  "Fund" shall mean the urban development guarantee fund of New York  created by section four of this act.    3. "Small  business  project"  shall  mean  construction  of  any  new  building,  purchase  of  an  existing  building,  or  refinancing  of an  existing  building  in  order  to  facilitate  substantial   improvement  thereto, the financing of real property deemed essential for the conduct  of  business,  the  extension  or  provision  of utilities and any other  appurtenant facilities  to  be  used  by  any  small  business,  or  any  necessary  machinery,  equipment  or  stock,  working  capital  or other  capital investment therein, or any combination of the  foregoing,  which  the fund shall determine will tend to provide gainful employment for the  people  of  the  state  and/or  increase the tax base of the economy, or  diversify  and  expand  small  business,  or  any  combination  of   the  foregoing.    4.  "Housing project" shall mean the construction of any new building,  purchase of an existing building or refinancing of an existing  building  and  real  property  deemed  essential  to  such  project,  in  order to  facilitate substantial improvement thereto,  designed  and  intended  to  provide  housing  accommodations  for  persons and families which cannot  afford safe and sanitary housing accommodations provided by the  unaided  efforts  of private enterprise, and such facilities as may be incidental  and appurtenant thereto.    5. "Loan guarantee fund" shall mean the fund created in section six of  this act.    6. "Operation and maintenance fund" shall mean  the  fund  created  in  section seven of this act.    7. "Lending institution" shall mean the original lender under the loan  agreement  of  participants  therein and its successors and assigns, and  may include but is not limited to, an  individual  lender,  corporation,  insurance  company, bank, investment company, executor, trustee or other  fiduciary, pension, profit sharing, and retirement fund.    8. "Payments" shall mean periodic payments called for under the  terms  of   a  loan,  and  may  include,  but  is  not  limited  to,  interest,  installments  of  principal,  taxes  and  assessments,  loan   insurance  premiums and hazard insurance premiums.    9.  "New  York  state  urban  development  corporation" shall mean the  corporation created by the New York state urban development  corporation  act.    §  4. Urban development guarantee fund of New York. 1. There is hereby  created a non-profit corporation which shall  be  known  as  the  "Urban  Development Guarantee Fund of New York." Except as otherwise provided in  this  act, the fund shall have all the powers, privileges and immunities  which are now or may hereafter be conferred on business corporations  by  the business corporation law.    2.  The  business  of  the  fund  shall be managed by, and its powers,  functions and duties shall be exercised through a  board  of  directors,  consisting  of  the  directors  of  the New York state urban development  corporation.    3. The chairman of the fund shall be the  chairman  of  the  New  York  state  urban development corporation. Each director shall be entitled to  reimbursement for his actual and  necessary  expenses  incurred  in  the  performance of his official duties with the fund.    4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,  special or local, no officer or employee of the state or  of  any  civil  division thereof, shall be deemed to have forfeited or shall forfeit his  office  or  employment  by reason of his acceptance of membership on the

  fund created by this section; provided, however, a  director  who  holds  such  other  public  office  or  employment  shall receive no additional  compensation or allowance for services rendered pursuant  to  this  act,  but  shall  be  entitled  to  reimbursement for his actual and necessary  expenses incurred in the performance of such services.    5.  The  fund  and  its  corporate  existence  shall  continue   until  terminated  by  law,  which law shall provide for the disposition of the  properties and assets of the fund and the assumption of its liabilities,  if any. In no  event  shall  such  law  take  effect  while  debentures,  guarantees  or  other  obligations  of  the fund are outstanding, unless  adequate provision is made in such law for the liquidation, satisfaction  or securing of such obligations.    6. The powers of the fund shall be exercised by affirmative vote of no  less than five of the directors thereof then in  office.  The  fund  may  delegate  to  one  or more of its directors, or its officers, agents and  employees, such powers and duties as it may deem proper.    7. The fund may appoint one or more advisory committees consisting  of  not  more  than  seven members each to consider and advise the fund upon  all matters submitted to them by the fund and to recommend to  the  fund  such changes in the administration of this act and the operations of the  fund  as the advisory committee may deem desirable.  Members of advisory  committees shall serve without salary for such terms, not to exceed four  years, as the fund may determine. Each member of an  advisory  committee  shall be entitled to reimbursement for his actual and necessary expenses  incurred in the performance of his duties.    §  5.  Powers and limitations. 1. In addition to the powers granted by  the business corporation law and except as otherwise  provided  by  this  act, the fund shall have power to:    (a)  Guarantee  loan  repayments  to  a  lending  institution that has  provided the funding for a small business project or housing project, as  defined herein, not to exceed eighty percentum of  the  amount  of  such  loan,  upon such terms and conditions as the fund may prescribe, and for  such purposes, the fund may enter into such agreement or agreements with  lending institutions or other persons as required.    (b) Accept gifts, grants or loans from, and  enter  into  contract  or  other  transaction  with, any federal or state agency, any municipality,  any private organization or any other source.    (c) Enter into agreements with prospective  lending  institutions  and  borrowers   for   the  purpose  of  planning,  designing,  constructing,  acquiring, altering and financing projects.    (d) When it becomes desirable for the fund to  safeguard  itself  from  losses,  it  may acquire, purchase, manage and operate, hold and dispose  of real and personal property, take assignments of  rentals  and  leases  and   make   and  enter  into  all  contracts,  leases,  agreements  and  arrangements necessary or incidental to the performance of its duties.    (e) In order to further the purposes of this act, or to safeguard  the  loan  guarantee  fund,  purchase, acquire and take assignments of notes,  mortgages, and other forms of security and  evidences  of  indebtedness,  purchase, acquire, attach, seize, accept or take title to any project by  conveyance,  or  when  an insured loan thereon is in default, foreclose,  sell, lease or rent the subject matter provided for by the loan.    (f) Prescribe standards and criteria by which  applications  for  loan  guarantees  for  small  business  projects  and housing projects will be  judged, insofar as such standards and criteria are not inconsistent with  the purposes of this act.    (g) Guarantee to any bonding agency authorized to do business in  this  state  any  bond  necessary to the activity of the small business or for  the undertaking of a small business project  or  housing  project.  Such

  guarantee  shall  not  exceed eighty percentum of the face amount of any  loss incurred by the bonding agency.    (h)  Issue  and  sell  its debentures, bearing such interest rates and  having such  maturities  and  other  terms  and  provisions  as  may  be  determined by the fund.    (i)  To do any and all things necessary or convenient to carry out its  purposes and exercise the powers given and granted under  this  act,  or  under any other law, special, general or local.    2.  No part of the net earnings of the fund shall inure to the benefit  of any individual and no employee, director or officer of the fund shall  receive  any  pecuniary  benefit  from  the   fund   except   reasonable  compensation for services actually rendered to the fund.  The fund shall  not carry on propaganda or otherwise attempt to influence legislation.    3.  The  fund  shall  not issue shares nor shall any debentures of the  fund be convertible to shares.    § 6. Loan guarantee fund. The fund shall establish  a  loan  guarantee  fund.  The loan guarantee fund shall be a non-lapsing, revolving fund to  be used for the purpose of carrying out the provisions of this  act.  To  such  loan  guarantee  fund  shall  be charged payments required by loan  defaults. To such loan guarantee fund shall be credited all receipts  of  the  fund,  other  than  receipts  allocated  for the payment of current  operating expenses, including loan guarantee premiums, gifts, grants  or  loans, proceeds of the sale of debentures by the fund, and proceeds from  the  sale,  disposal, lease or rental of real or personal property which  the fund may receive under the provisions of this  act.  Monies  of  the  loan guarantee fund, not needed to meet current obligations of the fund,  shall  be deposited to the credit of such loan guarantee fund and may be  invested as the directors of the fund shall determine.    § 7. Operation and maintenance  fund.  The  fund  shall  establish  an  operation  and  maintenance  fund, to which shall be charged any and all  operating expenses of the fund, including but not limited to,  salaries,  wages,  rents,  utility  charges,  office supplies and equipment, and to  which shall be credited all receipts of the fund necessary to meet  such  operating expenses.    §  8.  Guarantee  of  loans.  (a)  The fund is authorized to guarantee  repayments of a loan made by a lending institution  to  provide  funding  for  small  business or housing project as defined herein, not to exceed  eighty per centum of the principal amount of the obligation,  upon  such  terms  and  conditions  as  the  fund  may  prescribe, provided that the  aggregate amount of the unpaid balance of all obligations so  guaranteed  and  outstanding  at  any  one time shall not exceed one million dollars  during the first fiscal year of operations  of  the  fund,  and  in  any  succeeding  fiscal  year,  five  times the average annual balance in the  loan guarantee fund for the preceding fiscal year, and provided further,  however, that the total potential liability of the  fund  to  a  lending  institution  on  behalf of any one borrower shall not exceed one hundred  fifty thousand dollars.    (b) The fund is also authorized to guarantee repayments of loans  made  by  a lending institution to a purchaser of either a condominium unit in  a multiple dwelling organized under the condominium act,  or  shares  of  stock in a cooperative corporation which owns a multiple dwelling, where  such  purchaser  intends  to  reside  in  such  condominium unit or such  cooperatively-owned multiple dwelling.  The  amount  of  such  guarantee  shall  not  exceed the lesser of eighty per centum of the purchase price  of the unit or of the shares of stock allocable to the unit, as the case  may be, or $25,000; and the term  of  the  guarantee  shall  not  exceed  twenty-five  years.  No  loan  shall  be  guaranteed if interest thereon  exceeds the legal rate. The aggregate amount of the  unpaid  balance  of

  all  obligations  guaranteed  under this subdivision and subdivision (a)  hereof shall not exceed one million dollars during the first fiscal year  of operation hereunder and in any succeeding fiscal year, five times the  average  annual  balance  in  the  loan guarantee fund for the preceding  fiscal year hereunder.    § 9. Conditions for guarantee. In order for a loan  to  be  guaranteed  under  the  provisions  of  this  act, the loan to be guaranteed must be  executed by a borrower to whom credit is not reasonably  available,  and  in  the  case  of  a  borrower  undertaking  a  housing project, provide  financing  for  the   acquisition,   construction,   reconstruction   or  rehabilitation  of  housing accommodations for persons or families which  cannot afford safe and sanitary housing accommodations provided  by  the  unaided efforts of private enterprise.    §  10. Loan guarantee premium. The fund is authorized but not required  to  fix  premiums  for  the  guarantee  of  loan  repayments  under  the  provisions  of  this  act, such premiums to be computed as a percentage,  which shall not exceed one percentum per annum on that  portion  of  the  principal obligation guaranteed hereunder as the fund shall determine on  the  basis  of  all  pertinent  available  data.  Such premiums shall be  payable by the borrower in such manner as shall  be  prescribed  by  the  fund.  The  amount  of  premium  is not required to be uniform among the  various loans insured provided, however, that that premium provided  for  hereunder  shall  not be payable more than once on loan guarantees given  under subdivision (b) of section eight of this act.    § 11. Expenses of the fund. The fund may in its discretion expend such  monies  as  may  be  necessary  for  any  of  its  expenses,   including  administrative, legal, actuarial and other services.    §  12.  Obligations eligible for investment. Obligations guaranteed by  the fund under this act and participations therein are hereby made legal  investments  for  all  insurance  companies,  trust  companies,   banks,  investment  companies,  savings  banks,  building and loan associations,  credit unions, savings and loan associations, executors, administrators,  guardians,  conservators,  trustees  and  other  fiduciaries,   pension,  profit-sharing and retirement funds.    §  13.  Contracts of guarantee; waivers. (a) The fund shall arrange by  contract with the  lending  institution  or  the  borrower  or  both  to  safeguard  the  interest  of  the  fund  in  the event of default by the  borrower, including, at the discretion of the fund, provision for notice  to the fund of  default  by  the  borrower,  for  foreclosure  or  other  realization  upon any security for the loan, for the time and conditions  for payment to the lending institution by the fund of the amount of  any  loss  to  the  lending  institution  guaranteed by the fund, and for the  disposition of the proceeds realized from  any  security  for  the  loan  guaranteed.  When  it  appears  desirable  for  a  temporary period upon  default or threatened default by the borrower, the fund may itself  make  payments  of  installments  of  principal  or  interest  or both, to the  lending institution, and of taxes and insurance, which payments shall be  repaid, under such conditions as the fund may prescribe,  and  the  fund  may also agree to revised terms of financing when such appear prudent.    (b) Upon request of the lending institution, the fund may at any time,  under  such  equitable terms and conditions as it may prescribe, consent  to the release of the borrower from his  liability  under  the  loan  or  consent to the release of parts of any secured property from the lien of  the lending institution.    § 14. Interest of directors of the fund. No director of the fund shall  participate in any decision on any contract of guarantee in which he has  any interest, direct or indirect, in the lending institution or borrower  as set forth herein.

    §  15.  Limitation of liability. Neither the directors nor any officer  or employee of the fund, while acting within the scope of his authority,  shall be subject to any personal liability resulting from the activities  of the fund.    §  16.  Designation  and  service of process on secretary of state and  registered agent.  The  directors  of  the  fund  shall  file  with  the  secretary  of  state  a certificate setting forth the street address and  the city and county in which the principal office of the fund is located  within ten days of the establishment of such office.  The  secretary  of  state  shall  note  such  address  upon  his  records. The provisions of  sections three hundred four, three hundred five and three hundred six of  the business corporation law shall be applicable to the fund.    § 17. Inconsistent provisions of other laws superseded. Insofar as the  provisions of this act are inconsistent with the provisions of any other  law, general, special or local, the provisions  of  this  act  shall  be  controlling.    §  18.  Construction. This act, being necessary for the welfare of the  State and its  inhabitants,  shall  be  liberally  construed  so  as  to  effectuate its purposes.    §  19.  Separability.  If  any clause, sentence, paragraph, section or  part  of  this  act  shall  be  adjudged  by  any  court  of   competent  jurisdiction  to  be invalid, such judgment shall not affect, impair, or  invalidate the remainder thereof, but shall be confined in its operation  to the clause, sentence, paragraph, section  or  part  thereof  directly  involved  in  the  controversy  in  which  such judgment shall have been  rendered.    § 20. Operative date of the fund. No loan guarantee shall be  made  by  the  fund  until  there has been credited to the loan guarantee fund the  sum of two hundred thousand dollars.