(a) by action or special proceeding in accordance with the civil
practice law and rules, enforce all rights of the noteholders or
bondholders, including the right to require the agency to collect fees
and charges and interest and amortization payments on mortgage loans
made by it adequate to carry out any agreement as to, or pledge of, such
fees and charges and interest and amortization payments on such
mortgages, and other properties and to require the agency to carry out
any other agreements with the holders of such notes or bonds and to
perform its duties under this title;
(b) bring suit upon such notes or bonds;
(c) by action or special proceeding require the agency to account as
if it were the trustee of an express trust for the holders of such notes
or bonds;
(d) by action or special proceeding enjoin any acts or things which
may be unlawful or in violation of the rights of the holders of such
notes or bonds;
(e) declare all such notes or bonds due and payable, and if all
defaults shall be made good, then, with the consent of the holders of
twenty-five per centum of the principal amount of such notes or bonds
then outstanding, to annul such declaration and its consequences.
3. Such trustee shall in addition to the foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of bondholders or noteholders in the enforcement and
protection of their rights.
4. The supreme court shall have jurisdiction of any suit, action or
proceeding by the trustee on behalf of such noteholders or bondholders.
The venue of any such suit, action or proceeding shall be laid in the
county of Albany.
5. Before declaring due and payable the principal of notes or bonds
issued in connection with any mortgage or other obligation securing a
mortgage loan made by the agency, the trustee shall first give thirty
days' notice in writing to the governor, to the agency, to the
commissioner of housing and community renewal, the state commissioner of
health, the state commissioner of mental hygiene or the state
commissioner of social services, as the case may be, and to the attorney
general of the state.
Structure New York Laws
Article 3 - New York State Housing Finance Agency
41 - Statement of Legislative Findings and Purposes.
43 - New York State Housing Finance Agency.
44-A - Low Rent Dwelling Accommodations.
44-B - Mortgage Modifications, Evidence of Pre-Existing Indebtedness.
44-C - Federally-Aided Mortgage Loans.
45 - Transfer of Officers and Employees.
45-A - Housing Trust Fund Corporation.
45-B - Affordable Housing Corporation.
45-C - Homeless Housing and Assistance Corporation.
46 - Notes and Bonds of the Agency.
47 - Reserve Funds and Appropriations.
47-A - State University Construction Bonds and Notes.
47-B - Mental Hygiene Improvement Bonds and Notes.
47-C - Special Provisions Related to Certain Bonds and Notes.
47-D - Health Facilities Bonds and Notes.
47-E - Housing Program Bonds and Notes.
48 - Agreement With the State.
49 - State's Right to Require Redemption of Bonds.
50 - Remedies of Noteholders and Bondholders.
51-A - Federal Rental Assistance Program Administrative Fees.
52 - Notes and Bonds as Legal Investment.
53 - Exemption From Taxation of Property and Income.
54 - Exemption From Taxation of Notes and Bonds.
55 - Assistance by State Officers, Departments, Boards and Commissions.
56-A - Indemnification of Members, Officers and Employees.
57 - Insured Mortgage Reserve Fund.
58 - Special Revenue Housing Coverage Reserve Funds.
59 - Bond Reserve Insurance Fund.
59-A - Housing Trust Fund Account.
59-B - Affordable Housing Development Account.
59-C - Insured Housing Initiatives Fund.
59-D - Turnkey/enhanced Housing Account.
59-E - Infrastructure Development Fund.
59-G - Permanent Housing for Homeless Families Fund.
59-H - Manufactured Home Cooperative Fund.
59-I - Homeless Housing and Assistance Account.
60 - Housing Project Repair Fund.