New York regulations

Title 9 Part 1644

Executive Department

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9 NYCRR 1644-1.1 - Debt service defined

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Debt service as used in this Subchapter refers to the periodic provisions for payment of principal and interest on the outstanding indebtedness of the local agency.

9 NYCRR 1644-2.1 - Provision for payment of interest

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Prior to the issuance of State housing bonds, debt service is limited to the provision for the payment of interest on the indebtedness. The local agency's indebtedness outstanding during this period will be temporary (short-term) indebtedness, having maturities not in excess of one year, whether the funds have been borrowed from the State or from private investors. The principal amounts of maturing temporary indebtedness will be periodically refunded out of the proceeds of the issue of new short-term obligations by the State or by the local agency, depending on the circumstances, and, ultimately, out of the proceeds of an issue of housing bonds by the State, as described in Part 1643, Financing.

9 NYCRR 1644-2.2 - Computation of interest on temporary (short-term) indebtedness

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9 NYCRR 1644-2.3 - Recording the interest accrual

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Interest on all indebtedness, temporary or permanent, is accrued quarterly, the computation of interest on temporary indebtedness being made as described in 1644-2.2, supra. The total amount of the quarterly accrual is initially charged to account 1420.1, Interest, for interest accrued during the development period and to account 4716, Interest on Indebtedness, for interest accrued during the operating period, the credit being to account 2132.1, Accrued Interest Payable—State of New York, for interest on advances made by the State, and to account 2132.2, Accrued Interest Payable—Temporary Loan Notes, for interest on funds borrowed from private investors. The cutoff point for interest initially charged to development costs is the date of substantial completion. The date of substantial completion, itself, is considered the first day of the operating period.

9 NYCRR 1644-2.4 - Allocation of interest charges to related programs

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(a)Related programs comprise offsite clearance, rehabilitation, and relocation of buildings. Interest charges on funds borrowed or earmarked for related programs are capitalized as a development cost and charged to the cost of those programs. Such programs may extend beyond the date of substantial completion, into the operating period of the project proper. Local agencies conducting such programs in connection with the development of the project proper will therefore find it necessary to charge interest, in the first instance, to account 1420.1, Interest Expense, and to account 4716, Interest on Indebtedness, whichever is applicable, and then by journal voucher, credit the expense accounts and charge the appropriate development cost accounts (1440.16, Offsite Clearance; 1440.17, Rehabilitation and 1440.18, Relocation of Buildings). For funds borrowed prior to the issuance of housing bonds by the State, the allocation of the interest charges is in the proportion of the amount requisitioned for the related program on the most recent approved certificate of purposes (form DH-216) to the total amount borrowed for all purposes.
(b)For funds borrowed subsequent to the issue of housing bonds, the interest on the funds representing the bond issue proceeds is allocated to the related program in the proportion of the amount borrowed for the related program on the bond sale budget to the total amount of the bond issue borrowed for all purposes. Should temporary loan notes be outstanding simultaneously with the bond issue, the interest on the temporary loan notes is allocated in the same manner as the interest on temporary loan notes issued prior to the issuance of housing bonds.
(c)The allocation of interest charges to the rehabilitation program and relocation of buildings program should continue to be made until the programs are liquidated and closed out. The allocation of interest should continue to be made to the offsite clearance program until the project proper is declared substantially completed or the offsite program is liquidated, whichever is earlier. Upon the date of substantial completion of the project proper, the allocation of interest to the offsite program shall cease and all interest on all borrowed funds shall be charged to operations. A transfer of funds from the development fund to the administration fund shall further be required for interest allocable to related programs and paid out of the administration fund.

9 NYCRR 1644-2.5 - Premium on temporary loan notes

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9 NYCRR 1644-2.6 - Payment of interest

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Interest on temporary indebtedness, when paid, is charged directly to the applicable accrued interest payable account, the credit being to Development Fund (account 1111) or Administration Fund (account 1112), as the case may be. Checks for interest on temporary indebtedness to the State should be made payable to “Comptroller—State of New York”.

9 NYCRR 1644-3.1 - Issuance of bonds

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As described in Part 1643, Financing, the issuance of housing bonds by the State is entirely within the discretion of the State Comptroller. Bonds may, therefore, be issued by the State prior to the date of substantial completion, or subsequent thereto. The issuance of bonds simultaneously with substantial completion will, ordinarily, be fortuitous. The date of substantial completion has an important bearing on the debt service on the bond issue, as it not only controls the apportionment of the interest charge to development and operations, but also the provision for amortization. Prior to the date of substantial completion, debt service on the bond issue is limited to the provision of interest only. Subsequent to the date of substantial completion, the debt service will include a provision for amortization of the indebtedness, as well as the provision for interest.

9 NYCRR 1644-3.2 - State Housing Debt Fund

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Jun 6, 2026

The State Housing Debt Fund is used by the Comptroller as a debt service fund to receive remittance for debt service on bond issues from local agencies and to make payments of interest and amortization to bondholders. Under the terms of the various contracts for State aid, local agencies are required to make payments of interest and amortization on their indebtedness to the State in such amounts and at such times as will enable the Comptroller to meet the debt service on the State's housing bonds. The contracts further provide that remittances for debt service must be in the hands of the Comptroller at least 15 days in advance of the date that payment is due by the State to the bondholders. Interest on the bonds is, ordinarily, payable semiannually and amortization is payable annually, the amortization payment date coinciding with an interest payment date. The division will endeavor to give the local agency timely notice, but the primary responsibility for living up to the terms of the contract and meeting the debt service on time is the local agency's. Remittances for debt service on bonds will be made by the local agency to the division, for transmittal to the Comptroller, and not to the Comptroller direct. Checks for debt service on bond issues should be made payable to “Comptroller—State of New York”. The Comptroller may also pay into the State Housing Debt Fund the premiums, if any, received on the sale of housing bonds and the interest received on State Housing Fund investments.

9 NYCRR 1644-3.3 - Computation of interest on State housing bonds

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Executive Department
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Sep 15, 2021
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9 NYCRR 1644-3.4 - Recording the interest accrual

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The charge for interest accrued on bonds is to account 1420.1, Interest, for interest accrued prior to the date of substantial completion, and applicable to the development period, and to account 4716, Interest on Indebtedness, for interest accrued subsequent to the date of substantial completion, and applicable to the operating period. The date of substantial completion is considered as the first day of the operating period. The credit for interest accrued on housing bonds is made to account 2132.1, Accrued Interest Payable—State of New York. A further allocation of interest charges to the cost of related programs should then be made as described in section 1644-2.4 of this Part. However, after the bonds have been issued, the basis for the allocation is the proportion that the amount borrowed for the related program in the bond sale budget bears to the total bond issue. Prior to the issuance of bonds, it will be recalled, the basis of the allocation is the proportion that the amount requisitioned for the related program on the most recent certificate of purposes bears to the total amount borrowed.

9 NYCRR 1644-3.5 - Payment of interest

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Executive Department
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9 NYCRR 1644-3.6 - Premiums on State housing bonds

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(a)As described in Part 1643, Financing, the premiums, if any, on housing bonds sold by the State are paid into the State Housing Debt Fund and do not ordinarily pass through the project's bank accounts. Premiums on State housing bonds, if any, are credited to development costs, whether the bonds are sold prior or subsequent to the date of substantial completion. The premium is recorded, by a journal entry, whenever the local agency is notified by the Division of Housing as to the amount of the premium allocable to the projects participating in the bond issue, as follows:

Entry (3):

Debit: Account 1124, State Housing Debt Fund $XXX

Credit: Account 1420.8, Premium on State Housing Bonds $XXX

Explanation:

To record the premium on housing bond issue no. ____, as per letter from Division of Housing dated ____,19__.

(b)The premium on State housing bonds will not be amortized over the life of the bonds, as is sometimes done, but is, ordinarily, applied by the State Comptroller to the first interest payments falling due. The division will notify the local agency, in advance of the date the local agency is called upon to remit the interest for deposit in the State Housing Debt Fund, as to how much of the premium, if any, the Comptroller intends to apply to the payment of the interest and the local agency will then remit the difference between the scheduled payment and the premium applied. The actual amount remitted will be paid in the manner previously described (see entry [1], § 1644-3.5, above) and account 1124, State Housing Debt Fund, is charged. On the date the interest is due to be paid to the bondholders, entry (2) above (§ 1644-3.5) is made, charging the full scheduled amount of the interest payment, before the deduction for the premium applied, to the accrued interest payable account and crediting account 1124, State Housing Debt Fund. Note that the amount of the quarterly accrual for the interest on the bonds, computed as per section 1644-3.3, is not affected by either the receipt or the application of the premium.

9 NYCRR 1644-3.7 - Interest on State Housing Fund investments

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Executive Department
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Jun 6, 2026

Interest received by the State Comptroller on State Housing Fund investments (see Part 1645, Investments) will ordinarily be paid into the State Housing Debt Fund and applied to the payment of interest on housing bonds outstanding in the same manner as premiums received on the sale of bonds. The recording of interest on State Housing Debt Fund investments is on a cash basis, that is, the interest earned is not periodically accrued, as is the case with interest on other investments, but the entry is made whenever the local agency is notified by the division as to the amount of the interest received by the Comptroller. Upon receipt of such notice, a journal entry is made charging account 1124, State Housing Debt Fund, with the amount of the interest received by the Comptroller, and crediting the applicable development cost or operating income account, as described in Part 1645, Investments. As with the premium on State housing bonds, the division will then notify the local agency, in advance of the date the local agency is called upon to remit the interest on the bond issue for deposit in the State Housing Debt Fund, as to how much of the interest on State Housing Fund investments, if any, the Comptroller intends to apply to the payment of the interest on the bonds and the local agency will then remit the difference between the scheduled interest and the interest on State Housing Fund investments applied. The actual amount remitted will be paid in the manner previously described (see entry [1], § 1644-3.5 above) and account 1124, State Housing Debt Fund, is charged. On the date the interest is due to be paid to the bondholders, entry (2) above (§ 1644-3.5) is made, charging the full scheduled amount of the interest payment, before the deduction for the interest on State Housing Fund investments applied, to the accrued interest payable account and crediting account 1124, State Housing Debt Fund. Note that the amount of the quarterly accrual for the interest on the bonds, computed as per section 1644-3.3, is not affected by either the receipt or the application of the interest on State Housing Fund investments.

9 NYCRR 1644-3.8 - Amortization of indebtedness

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The retirement of indebtedness by making periodic repayments of the principal amount of the indebtedness is known as amortization. With respect to the amortization of indebtedness of the local agency to the State, representing the proceeds of a housing bond issue by the State, the accounting entries will reflect the following:

(a)The periodic provision made by the local agency for amortizing the indebtedness.
(b)The payment of the scheduled amortization into the State Housing Debt Fund.
(c)The payment of the amortization by the State Comptroller to the holders of the housing bonds.

9 NYCRR 1644-3.9 - Periodic provision for amortization

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(a)Payments of amortization on housing bonds are made in equal annual installments, the first payment being, ordinarily, made two years from the date of issue, and the last payment 50 years from the date of issue. The indicated amount of each installment of amortization is, therefore, one forty-ninth of the principal amount of the bond issue. The Comptroller, however, reserves some discretion over the date the first equal annual payment of amortization is payable, as article XVIII of the State Constitution (the housing amendment) merely states that the first such payment shall be payable not more than three years from the date of issue of the bonds. In making provision for the amortization, the local agency will be guided by a schedule of amortization payments, provided by the division, subsequent to the issuance of bonds, in which the amount of each installment to be made over the life of the bonds will be listed.
(b)The provision for amortization will ordinarily be made at the end of each quarter beginning with the date of substantial completion or the date of issue of the bonds, whichever is later. No provision for amortization shall be made prior to the date of substantial completion, even though bonds may have been issued prior to that date. Quarterly provision for the first installment of amortization shall be made by distributing the amount of the installment evenly over the period between the date of substantial completion, or the date of issue of the bonds, whichever is later, and the date the amortization is due to be paid to the bondholders. Thus, if bonds were issued December 1, 1948 and the project was declared substantially completed on January 1, 1949, the quarterly provision would commence with January, 1949, in an amount equal to three twenty- thirds of the first amortization payment which would, normally, be due on December 1, 1950. If the date of substantial completion was July 1, 1949, the quarterly provision would commence with July, 1949, at the rate of three seventeenths of the first amortizations payment, and so on. Thereafter, the quarterly provision for amortization will be three twelfths of the annual amortization payment next to be made, etc. The provision for a fractional part of a month is computed on the basis of a 30-day month, exactly as is the provision for interest on the bonds (see § 1644-3.3, supra). The entry for the quarterly provision for amortization is made at the end of each quarter, by journal voucher, as follows:

Entry (4):

Debit: Account 4717, Amortization of Indebtedness $XXX

Credit: Account 2600, Accumulated Amortization $XXX

Explanation:

To record quarterly provision for amortization on housing bond issue no. ____.

9 NYCRR 1644-3.10 - Payment of amortization into State Housing Debt Fund

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Executive Department
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Sep 15, 2021
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Jun 6, 2026

Like the interest on housing bonds, the remittance for the installment of amortization must be forwarded to the division, for transmittal to the State Comptroller, so that it is in the latter's hands, for deposit in the State Housing Debt Fund, at least 15 days in advance of the date the amortization is due to be paid to the bondholders. The entry for the remittance of amortization will come through the voucher register, as follows:

Entry (5):

Debit: Account 1124, State Housing Fund $XXX

Credit: Account 1112, Administration Fund $XXX

Note:

That the credit for the remittance will always be to the administration fund, inasmuch as no part of the provision for amortization may be charged to development costs or to the related programs.

9 NYCRR 1644-3.11 - Payment of amortization to bondholders

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Executive Department
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(a)On the date the amortization is due to be paid by the Comptroller to the holders of State housing bonds, payment of the installment is recorded by the following journal entry:

Entry (6):

Debit: Account 2313, Indebtedness Amortized, State of

New York $XXX

Credit: Account 1124, State Housing Debt Fund $XXX

Explanation:

To record the payment of amortization on housing bond issue no. ____.

(b)Account 2313, Indebtedness Amortized—State of New York, represents the cumulative total of amortization payments made by the State Comptroller to bondholders and appears on the balance sheet as a deduction from the total of certificates of indebtedness issued. Account 2600, Accumulated Amortization, represents the cumulative total of the provisions made for amortization, whether or not such provisions have been remitted to the State by the local agency or paid by the Comptroller, and appears on the balance sheet as a deduction from development costs.

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