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tion or the state of New York mortgage agency or pursuant to a program established by the federal housing administration for rehabilitation of existing multiple dwellings in a neighborhood strategy area as defined by the United States department of housing and urban development where such alterations or improvements are done on property located in census tracts in which seventy-five percent or more of the population live in households which earn' fifty percent or less of the median household income of the city, the abatement of taxes on such property, including the land, shall not exceed the lesser of the actual cost of the alterations or improvements or one hundred fifty per centum of the certified reasonable cost of the alterations or improvements, as determined under regulations of the department of housing preservation and development, and the annual abatement of taxes shall not exceed twelve and one-half per centum of such certified reasonable cost, provided that such abatement shall not be effective for more than twenty years and the annual abatement of taxes in any consecutive twelve-month period shall in event exceed the amount of taxes payable in such twelve month period.

§ 14. Subclause (B) of clause (i) of subparagraph (a) of paragraph 8 of subdivision d of section 11-243 of the administrative code of the city of New York is amended to read as follows:

(B) with mortgage insurance by the [rehabilitation] New York city residential mortgage insurance corporation or the state of New York mortgage agency; or

§ 15. Člause (iii) of subparagraph (C) of paragraph 6 of subsection (a) of section 1404 of the insurance law as amended by chapter 805 of the laws of 1984, is amended to read as follows: (iii) insured committed to

be insured pursuant to [article fourteen) section six hundred fifty-four-d of the private housing finance law, or

§ 16. Subdivision_41-с of paragraph (a) of section 11.00 of the local finance law is repealed,

§ 17. Subdivision 4-b of paragraph (a) of section 135.00 of the local finance law is repealed. § 18.

closing paragraph of paragraph 8 of section 136.00 of the local finance law is repealed.

§ 19. Section 143. 20 of the local finance law is repealed.

§ 20. Subdivision 2-a of paragraph b of section 151.00 of the local finance law, as added by chapter 924 of the laws of 1973, is amended to read as follows:

2-a. In the case of the city of New York[:

(a)], the amount of outstanding indebtedness contracted by such city for any project aided by a guarantee or guarantees representing such indebtedness, if such project or projects shall have yielded net revenue during the preceding fiscal year. The determination as to whether

such project or projects have yielded net revenue shall be made pursuant to section 152.00 of this chapter.

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[(b)^_the amount of outstanding indebtedness arising:

guarantee of the indebtedness contracted by the New York city rehabilitation mortgage insurance corporation or

(2) From a contract for a periodic subsidy to such mortgage insurance corporation, whichever amount is smaller, provided that the indebtedness arising from such guarantee is not otherwise deducted and provided further that in the case of a guarantee and subsidy there is a contractual obligation to apply, the sums due under such subsidy to the payment of all or part of the indebtedness so guaranteed. The indebtedness on count of a subsidy and the indebtedness arising from a guarantee shall be ascertained pursuant to section 143. 20 of this chapter. ]

§ 21. Subdivision 3 of paragraph a of section 152.07 of the local finance law, as amended by chapter 924 of the laws of 1973, is amended to read as follows:

3. The term "project" shall mean that term as defined in section three of the public housing law and section two of article two of the private housing finance law as amended from time to time. Such term shall also include an existing multiple dwelling aided by a loan pursuant to article eight of the private housing finance law. [Such term shall also include a mortgage insurance contract or contracts issued with respect to a housing accommodation or accommodations, as such terms are used in article fourteen of the private housing finance law, which is aided by EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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guarantee of the city of New York pursuant to article fourteen of the private housing finance law. ]

§ 22. Subdivision 5 of paragraph a of section 152.00 of the local finance law is repealed.

§ 23. Subdivision 1 of paragraph c of section 152.00 of the local finance law, as amended by chapter 925 of the laws of 1973,

is

amended to read as follows:

1. Periodic subsidies shall be included in computing gross revenues [and, in the case of a project or projects of the mortgage insurance corporation, premium payments and any payments made to such mortgage insurance corporation by the city of New York for such project or projects pursuant to article fourteen of the private housing finance law shall also be included in computing gross revenues).

§ 24. Subdivision 2 of paragraph c of section 152.00 of the local finance law, as amended by chapter 925 of the laws of 1973, is amended to read as follows:

2. There shall be deducted from the gross revenues received from such project or projects during such preceding fiscal year an amount equal to all costs of operation, maintenance, repairs and replacements, and the interest on such' indebtedness and the amounts required in such fiscal year for the payment of such indebtedness. ["Amounts required in such fiscal year for the payment of such indebtedness", as such term is used in this section, shall include, as to a project or projects of the mortgage insurance corporation, the amounts required to be paid in such fiscal year with respect to such project or projects. ]

$ 25. Paragraph of section 152.00 of the local finance law, as amended by chapter 924 of the laws of 1973, is amended to read follows:

The officers, boards and agencies of the authority, [the mortgage insurance corporation, ] housing company or owner of an existing multiple dwelling aided by loan pursuant to article eight of the private housing finance law, as the case may be, shall furnish to the chief fiscal officer of such city such data and information in their possession with respect to the project or projects as he shall require to, enable him to determine whether the project or projects have yielded net revenue. The statement submitted to the state comptroller by the chief fiscal officer of the city shall be verified by the chief fiscal officer and shall be in such form and shall contain such information as shall be prescribed by the state comptroller; provided, however, that it shall contain a declaration that the payments required under subdivisions and two of paragraph d of this section have been made. § 26. Paragraphs of

of section 152.00 of the local finance law, as amended by chapter 924 of the laws

of 1973, is amended to read follows:

g. Upon the receipt of such a financial statement from the chief fiscal officer of such city, the state comptroller forthwith shall review the facts set forth therein. The state comptroller shall have power to examine the accounts and records of the city and of the authority, [the mortgage insurance corporation,] housing company or owner of an existing multiple dwelling aided by a loan pursuant to article eight of the private housing finance law, as the case may be, with respect to the project or projects. He may also require the chief fiscal officer and other officers, boards and agencies of the city and of the authority[, the mortgage insurance corporation) or housing company, as the case may be, and any such owner of an existing multiple dwelling, to furnish such additional data and information in their possession he deems necessary to enable him to make his determination. &

27. Paragraph (b) of subdivision 2 of section 10 of section 1 of chapter 32 of the laws of 1986, constituting the housing New York program act, is amended to read as follows:

(b) occupied dwelling accommodations not owned by the city and located in an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two, which have annual rent levels, after the completion of rehabilitation work carried out pursuant to this act, of less than thirty percent of ninety percent of median income shall be deemed to be occupied by persons and families whose incomes are in excess of fifty

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five percent of median income and equal to or less than ninety percent of median income.

$ 28. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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CHAPTER 703

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AN ACT to amend the private housing finance law, in relation to the set

ting of rents for the New York City residential mortgage insurance
corporation
Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 18 of section 654-d of the private housing finance law, as added by a chapter of the laws of 1992 amending the private housing finance law relating to creating the New York city residen; tial mortgage insurance corporation, proposed in legislative bill numbers s. 5946-B and A. 8620-C, is amended to read as follows:

18. Rentals. Notwithstanding the provisions of, or any regulation promulgated pursuant to, the emergency housing rent control law, the local emergency housing rent control act or local law enacted pursuant thereto, all dwelling units in a multiple dwelling the rehabilitation of which commenced after July first, nineteen hundred seventy-seven and which is financed by a mortgage loan insured by the subsidiary corporation (including, but not limited to, mortgage loans insured pursuant to mortgage insurance contracts and housing insurance contracts), except for dwelling units occupied by reason of ownership of stock in a cooper: ative and except for dwelling units that constitute condominiums, shall be subject to the rent stabilization law of nineteen hundred sixty-nine, beginning immediately after initial rents, as established under applicable provisions of this chapter, section four hundred twenty-one-a of the real property tax law, sections four hundred eighty-nine of the real property tax law and/or subparagraph (m) of paragraph one of subdivision g of section 26-405 of the administrative code of the city of New York for such dwelling units to become effective on the basis of such rehabilitation, provided that any occupant in possession of a dwelling unit that first becomes subject to the rent stabilization law of nineteen hundred sixty-nine pursuant to this section shall be offered a two-year lease notwithstanding any contrary provisions of, or regulations adopted pursuant to, such rent stabilization law, at the initial rent established for such dwelling unit and provided further that such dwelling units, other than those dwelling units, the initial rents of which are established under subparagraph (m) of paragraph one of subdivision & of section 26-405 of the administrative code of the city of New York, shall remain subject to the rent stabilization law in accordance with the provisions of this chapter, section four hundred twenty-one-a of the real property tax lawt,) and/or section four hundred eighty-nine of the real property tax law and/or subparagraph (m) of paragraph one of subdivision 8 of section 26-405 of the administrative code of the city of New York] as the case may be. Except to the extent to which dwelling units, which are controlled under other provisions of law, become subject to the rent stabilization law of nineteen hundred sixty-nine pursuant to the preceding sentence, no, dwelling unit shall become subject to the rent stabilization law solely by reason of insurance of a mortgage loan by the subsidiary corporation.

. This act shall take effect on the same date as a chapter of the laws of 1992 amending the private housing finance law relating to creating the New York

York city. residential mortgage insurance corporation, as proposed in legislative bill numbers S. 5946-B and A. 8620-C, takes effect.

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

CHAPTER 704

AN ACT to amend the domestic relations law, in relation to authorizing

conditional orders of certification for private placement adoptions

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 6 of section 115-d of the domestic relations law, as amended by chapter 508 of the laws of 1990, is amended to read as follows:

6. Certification and provisional certification. If after consideration of the report submitted by the disinterested person,

and all other relevant and material factors, the court grants the application, the applicant or applicants may accept physical custody of child for the purposes of adoption, either prior to or contemporaneous with the filing of an adoption petition. The order granting the petition shall be valid for a period not to exceed eighteen months and shall be accepted as proof of certification by any court of competent jurisdiction within the state. The court may in its discretion grant a conditional order of certification upon satisfactory completion and submission of a petition wherein the prospective adoptive, parent of parents indicate no prior, criminal convictions or founded findings of child abuse or neglect,

and after completion of a disinterested person investigation provided for in this section, pending completion of any further reports, investigations

inquiries 'ordered by the court or required by any other statute or court rule. A conditional order of certification shall

valid and remain in force and effect until replaced by an order of certification or by an order denying the petition, whichever shall first occur, but in

event shall such provisional certification continue beyond one hundred eighty days from the date of original issuance. If the court denies the petition, the reasons for such denial shall be stated on the record or in the order.

§ 2. Section 115-d of the domestic relations law is amended by adding a new subdivision 9 to read as follows:

Extension of certification. When a petition for adoption is filed by a qualified parent or parents previously certified and the balance of the time period remaining under such certification in accordance with subdivision six of this section is less than one year, the court may its own motion extend the time period of the original certification to a date eighteen months from the date of filing of the adoption petition. When petition for adoption is filed by a qualified parent or parents who have previously been certified by an order which has expired within a year preceding the date of the adoption petition, the court may extend the termination date of the earlier certification until eighteen months from the filing of such petition, provided the petitioner apply for such extension and set forth any change of circumstances of the qualified parent parents since issuance and expiration of the last certification which may be relevant and material to the extension of such certification and affix thereto written verification of any such changed circumstance or lack thereof by a disinterested person defined in subdivision four of this section. Except as is provided for by this subdivision, the court shall not extend

previously expired order of certification. Any further certification shall require the filing of a new petition for certification in accordance with subdivision six of this section.

In any instance when the court determines whether to extend a certification under this subdivision, the court, in its discretion, may order each or any of (a) a report from the statewide central registry of child abuse and maltreatment to determine whether the child or the petitioner is has been the subject of or another person named in an indicated report, as such terms are defined in section four hundred twelve of the social services law, filed with such register, (b) a report from the division of criminal justice services setting forth any criminal record of such petitioner or petitioners, and (c) an additional pre-placement investigation to be undertaken by a disinterested person. Nothing herein shall be deemed to require that the court enter such an order.

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§ 3. Subdivision 1 of section 115 of the domestic relations law is amended by adding a new paragraph (c) to read as follows: (c) A non-resident

person or persons seeking to commence a privateplacement adoption of a child present within the state at the time of placement shall, prior to any transfer of physical custody of an adoptive child, make application for certification as a qualified adoptive parent or parents by a court of competent jurisdiction pursuant to section one hundred fifteen-d of this title. Upon application of such person or persons, the court of the county to which the certification petition is properly filed may take or retain jurisdiction of the adoption proceeding. The provisions of this paragraph may be waived upon the court's own motion or upon the application of any party for good cause shown.

§ 4. This act shall take effect immediately.

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CHAPTER 705

AN ACT to amend the education law and the family court act, in relation

to the provision of special education programs and related services to preschool children classified as having a handicapping condition

Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senace and Assembly, do enact as follows:

(1)

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Section 1. Section 3229 of the education law is renumbered section 4410-a.

§ 2. Subdivision 1 of section 4204-a of the education law, as added by chapter 1066 of the laws of 1974, is amended to read as follows:

All deaf children resident in this state, below the age of three, of suitable age and capacity, who shall have been resident in this state for one year immediately preceding the application, or is an orphan whose nearest friend shall have been resident in this state for one year immediately preceding the application, shall be eligible to receive approved educational services in one of the institutions for instruction for the deaf of the state as enumerated in section forty-two hundred one of this [law] article, as well as in such educational programs or other like facilities which shall, in the discretion of the commissioner [of education], be certified as eligible to receive such pupils

day basis only; provided, however, the foregoing requirement' as to length of residence in this state may be waived in the discretion of the commissioner [of education]. Such children who are first eligible for services pursuant to section forty-four hundred ten of this chapter whose parents or

persons in parental relationship elect to have them continue to receive services pursuant to this section

may

do so through August thirty-first of the calendar year in which such child turns three,

§ 3. Paragraphs f, &, h, i and j of subdivision 1 of section 4410 of the education law, as added by chapter 243 of the laws of 1989, are amended and a new paragraph k is added to read as follows:

f. "First eligible for services" means the earliest date on [or after September first of the calendar year in] which [preschool] child becomes (three years of age; provided, however, that a preschool child who becomes three years of age on or before April first of the calendar year shall be eligible for services on or after January second of such calendar year unless the] age-eligible for services

pursuant to this section, and as defined in regulations of the commissioner in accordance EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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