§ 3. Subdivision three of section four hundred-ee of such law, such section having been added by chapter six hundred fifty-seven of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

(3) No mobile home manufactured after January first, nineteen hundred seventy-three, or the effective date of the code, whichever is later, shall be [occupied] installed in this state unless it complies with the code, and any revisions thereof, as adopted and promul gated by the council as herein provided and bears the seal prescribed by the division and is installed in the manner set forth in the code.

§ 4. Subdivision two of section four hundred-ff of such law, such section having been added by chapter six hundred fifty-seven of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

(2) a. Any person, other than a manufacturer, not complying with any of the provisions of this article, or of any code, rules or regulations enacted hereunder, shall be notified by the division or person, persons or department designated for local enforcement of such noncompliance and directed to correct the noncompliance within ninety days and upon his failure to so correct he shall be deemed to have violated this article.

b. Any manufacturer violating any of the provisions of this article, or of any code, rules or regulations enacted hereunder, shall be deemed to have violated this article. A separate violation shall be deemed to have occurred with respect to each mobile home involved.

§ 5. Section four hundred-ff of such law is hereby amended by adding thereto a new subdivision, to be subdivision six, to read as follows:

(6) Where the sale, offering for sale, or installing within the state of a mobile home having a seal, or under this article required to have a seal, is in violation of this article, or of any code, rules or regulations enacted hereunder, it may be enjoined by a justice of the supreme court at a special term of the supreme court upon application of the division, or the person, persons or department designated for local enforcement.

§ 6. Section four hundred-ii of such law, as added by chapter six hundred fifty-seven of the laws of nineteen hundred seventy-two, is hereby amended to read as follows:

§ 400-ii. Appeals. [The division may promulgate and adopt rules and regulations pertaining to the hearing of appeals.] The provisions of section three hundred eighty-two of the executive law relating to the powers and duties of the state building construction board of review shall apply to mobile homes.

§ 7. This act shall take effect immediately.

CHAPTER 595

AN ACT to amend the social services law, in relation to providing homemaking and housekeeping services as an item of medical assistance Became a law June 11, 1973, 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. Paragraph (d) of subdivision two of section three hundred sixty-five-a of the social services law, as amended by chapter one hundred eighty-four of the laws of nineteen hundred sixty-nine, is hereby amended to read as follows:

(d) home health care services, including home nursing services and services of home aids and homemaker or housekeeping services in the recipient's home, if rendered by an individual other than a member of the family who is qualified to provide such services, where the services are prescribed by a physician in accordance with a plan of treatment and are supervised by a registered nurse;

§ 2. This act shall take effect immediately.

CHAPTER 596

AN ACT to amend the public authorities law, in relation to battery park city authority, augmenting its powers and borrowing capacity and providing for the creation of subsidiaries and additional capital reserve funds, and to amend the private housing finance law in relation to making conforming amendments thereto

Became a law June 11, 1973, 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. Section nineteen hundred seventy-one of the public authorities law, as added by chapter three hundred forty-three of the laws of nineteen hundred sixty-eight, is hereby amended to read as follows:

§ 1971. Statement of legislative findings and purposes. It is hereby found and declared that there exists on the lower West side of the county of New York, North of Battery Park and on and adjacent to the Hudson River, a blighted area marked by substandard, insanitary, deteriorated and deteriorating conditions, in which area there exists obsolete and dilapidated buildings and structures, including piers, of defective construction and outmoded design, lacking proper sanitary facilities and adequate fire and

safety protection, and with insufficient light and ventilation and inadequate maintenance; buildings or structures abandoned or not utilized in whole or in part; obsolete systems of utilities; poorly or improperly designed street patterns and intersections with inadequate access to areas; traffic congestion; and obsolete street widths, sizes and shapes, all of which hamper and impede the proper and economic development of such area and of the city of New York and of the state as a whole.

It is further found and declared that such area is no longer suitable or useful for piers or for facilities appurtenant to the loading and unloading of commercial cargo, and that retaining piers in such area creates a blighting effect on such area and on surrounding areas and is detrimental to the development of such area and to the growth and prosperity of the county and city of New York and of the state as a whole.

It is hereby declared that the improvement of such area, the elimination of pier facilities and of the present structures therein, and the replanning, reconstruction and redevelopment of such area including the filling of the Hudson River at such area up to the present pierhead line, the preparation of the resulting land for development, and the creation in such area, in cooperation with the city of New York and the private sector, of a mixed commercial and residential community, with adequate utilities systems and civic and public facilities such as schools, open public spaces, recreational and cultural facilities, is necessary for the prosperity and welfare of the people of the city of New York and of the state as a whole, and is a public use and public purpose for which tax exemptions may be granted, and that the powers and duties of [the] battery park city [corporation] authority as hereinafter recited are necessary and proper for the purpose of achieving such ends.

It is hereby further found and declared that there continues to exist throughout the city of New York a seriously inadequate supply of safe and sanitary dwelling accommodations for persons and families of low income. This condition is contrary to the public interest and threatens the health, safety, welfare, comfort and security of the people of the state. The ordinary operations of private enterprise cannot provide an adequate supply of safe and sanitary dwelling accommodations at rentals which persons and families of low income can afford. In order to encourage the investment of private capital and provide such dwelling accommodations, provision should be made for mortgage loans at low interest rates to housing companies which, subject to regulations as to rents, profits, dividends and disposition of their property, supply such dwelling accommodations and other facilities incidental or appurtenant thereto to such persons and families.

Therefore, it is hereby found and declared that Battery Park city authority, through the issuance of bonds and notes to the private investing public, by encouraging maximum participation by the private sector of the economy, including the sale or lease

of the authority's interest in projects at the earliest time deemed feasible, and through participation in programs undertaken by the state, its agencies and subdivisions, and by the federal government, may provide or obtain the capital resources necessary to provide dwelling accommodations for persons and families of low income, and facilities incidental or appurtenant thereto, and, where necessary, to carry out the clearance, replanning, reconstruction and rehabilitation of such substandard and insanitary areas.

It is hereby further found and declared that the acquisition and construction of adequate, safe and sanitary dwelling accommodations for persons and families of low income and such facilities as may be incidental or appurtenant thereto, are public uses and public purposes for which public money may be loaned and private property may be acquired and tax exemptions granted, and that the powers and duties of battery park city authority or its subsidiaries as hereinafter recited are necessary and proper for the purpose of achieving the ends here recited.

§ 2. Section nineteen hundred seventy-two of such law is hereby amended by adding thereto a new subdivision, to be subdivision eleven, to read as follows:

(11) "Subsidiary". A corporation created pursuant to section nineteen hundred seventy-four-a of this title.

§ 3. Subdivision four of section nineteen hundred seventy-four of such law, as last amended by chapter three hundred forty-four of the laws of nineteen hundred sixty-eight, is hereby amended to read as follows:

4. To acquire, construct, improve, enlarge, operate and maintain a project within the project area as defined herein and all other structures, appurtenances and facilities necessary or convenient in connection therewith, provided, however, that all contracts for construction let by the authority shall be let in conformity with the provisions of section one hundred thirty-five of the state finance law;], except that contracts for construction let by subsidiaries of the authority shall be governed instead by the applicable provisions of the private housing finance law;

§ 4. Subdivisions twelve and thirteen of section nineteen hundred seventy-four of such law are hereby renumbered to be subdivisions twenty-three and twenty-four, respectively, and such section is hereby amended by adding thereto eleven new subdivisions, to be subdivisions twelve through twenty-two, to read, respectively, as follows:

12. To create subsidiaries pursuant to section nineteen hundred seventy-four-a of this title;

13. To lend or donate monies, whether secured or unsecured, to any subsidiary, and to purchase, sell or pledge the shares, bonds or other obligations or securities thereof, on such terms and condi tions as the authority may deem advisable;

14. To make loans secured by a first mortgage, and to make temporary loans or advances, to any housing company organized to provide housing within the Battery Park city project area pursuant to and subject to the provisions of article two, article four or article eleven of the private housing finance law, includ ing any subsidiary of the authority, and to undertake commitments therefor. Any such commitments or loans may contain such terms and conditions not inconsistent with the provisions of this title as the authority may deem necessary or desirable to secure repayment of its loan, the interest, if any, thereon and other charges in connection therewith;

15. Subject to the provisions of any contract with noteholders or bondholders, to sell, at public or private sale, any mortgage or other security for a mortgage loan made by the authority;

16. In connection with the making of mortgage loans and commitments therefor, to make, fix or establish and collect such fees and charges, including but not limited to reimbursement of all costs of financing by the authority, service charges and insurance premiums, as the authority shall determine to be reasonable subject to the provisions of any contract with noteholders or bondholders;

17. To procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or notes, mortgages or any other evidences of indebtedness issued by the authority or its subsidiaries, including the power to pay premiums on any such insurance;

18. Subject to the provisions of any contract with noteholders or bondholders, to consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security or any other term, of any mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which the authority is a party;

19. In connection with any property on which the authority has made a mortgage loan, to foreclose on any such property or commence any action to protect or enforce any right conferred upon the authority by any law, mortgage, contract or other agreement, and to bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; and in such event the authority may complete, administer, pay the principal of and interest on any obligations incurred in connection with such property, and dispose of, and otherwise deal with, such property, in such manner as may be necessary or desirable to protect the interests of the authority therein;

20. To manage any project, whether or not then owned or leased by the authority, and to enter into agreements with the state or any municipality or any agency or instrumentality thereof, or with any person, firm, partnership or corporation, either public or private, for the purpose of causing any project to be managed;