N.Y. Comp. Codes R. & Regs. tit. 3 § 4.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 4.2 - Amounts included as interest

The term interest as used in section 4.1 of this Part:

(a) when applied to any loan or forbearance secured primarily by an interest in real property improved by a one- or two-family residence occupied by the owner, shall include origination fees, points and other discounts and all other amounts paid or payable, directly or indirectly, by any person, to or for the account of the lender in consideration for making the loan or forbearance. The fees, charges and costs described in section 4.3 of this Part do not constitute amounts paid or payable, directly or indirectly, to or for the account of the lender in consideration for making the loan or forbearance and are not included in "interest";

(b) when applied to any other loan or forbearance, shall mean all amounts paid or payable, directly or indirectly, by any person, to or for the account of the lender which would be includible as interest under New York law as it existed prior to the enactment of chapter 349 of the Laws of 1968;

(c) when applied to any loan or forbearance insured by the New York City Rehabilitation Mortgage Insurance Corporation, shall not include premiums paid for insurance pursuant to section 654 (13)(a) of the Private Housing Finance Law.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 4.2