(iii) if such owner is a banking organization as defined in section 2 of the banking law, a national banking association, a federal savings and loan association, the mortgage facilities corporation, savings banks life insurance fund, the savings banks retirement system, an authorized insurer as defined in section 4 of the insurance law, or a trust company or other corporation organized under the laws of this state all the capital stock of which is owned by at least 20 savings banks or by at least 20 savings and loan associations or a subsidiary corporation all of the capital stock of which is owned by such trust company or other corporation, a commitment for such mortgage was made prior to such relevant date.
(3) In determining whether a transaction described in this subdivision was bona fide, the commissioner may consider whether at such pilot project building or any other multiple dwelling such owner did (i) otherwise engage or participate in harassment; or (ii) with intent that harassment be performed, agree with one or more persons to engage in or cause the performance of harassment; or (iii) with intent that another person engage in conduct constituting harassment, solicit, request, command, importune or otherwise attempt to cause such person to engage in conduct constituting harassment. The commissioner may also consider the relationship between the parties to the transaction.
(4) A waiver of a certification pursuant to this subdivision shall state the findings of the commissioner.
(L.L. 2018/001, 12/31/2017, eff. 9/27/2018; Am. L.L. 2021/119, 10/25/2021, eff. 9/27/2021; Am. L.L. 2021/140, 11/21/2021, retro eff. 10/31/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/001, L.L. 2021/119, L.L. 2021/140, and L.L. 2025/144.