SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
Current Report Pursuant to Section 13 or 15(d) of
The Securities Act of 1934
Date of Report (Date of earliest event reported):
March 18, 2002
HOME PROPERTIES OF NEW YORK, INC.
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(Exact name of registrant as specified in its charter)
Delaware 1-13136 16-1455126
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(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification No.)
incorporation
850 Clinton Square, Rochester, New York 14604
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code:(585)546-4900
Not Applicable
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(Former name or former address, if changed since last report.)
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ITEM 5. OTHER EVENTS
On March 18, 2002, Home Properties of New York, Inc. ("Home Properties"
or "Registrant") entered into an underwriting agreement with Bear, Stearns & Co.
Inc; A.G. Edwards & Sons, Inc.; BB&T Capital Markets; McDonald Investments Inc.;
Stiffel, Nicolaus & Company, Incorporated; U.S. Bancorp Piper Jaffray; and First
Union Securities, Inc.(the "Underwriters") pursuant to which the Underwriter
will purchase 2,087,000 shares of the Series F Cumulative Redeemable Preferred
Stock, par value $.01, of Home Properties (the "Series F Preferred Stock") at a
price per share of $25.00. The Underwriters have informed Home Properties that
they intend to exercise their option to acquire an additional 313,000 shares ,
resulting in aggregate proceeds to Home Properties of $58,110,000 before
expenses payable by Home Properties which are estimated to be $120,000.
On March 20, 2002, Home Properties filed with the Securities and
Exchange Commission a Prospectus Supplement, dated March 18, 1998, with respect
to the transaction described above, supplementing the Home Properties
Prospectus, dated May 26, 1998, which forms a portion of Home Properties
Registration Statement on Form S-3 (No. 333-52601) covering the Common Stock.
This Report on Form 8-K contains the Underwriting Agreement with the
Underwriters which is also an exhibit to such Registration Statement.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
a. Financial Statements of Businesses Acquired.
None
bb. Pro Forma Financial Information.
None.
c. Exhibits
99 Additional Exhibits
Exhibit 1 Underwriting Agreement, dated March 18, 2002, between Home
Properties of New York, Inc., Home Properties of New York,
L.P. and Bear Stearns & Co. Inc.; A.G. Edwards & Sons,
Inc.; BB&T Capital Markets; McDonald Investments Inc.;
Stifel, Nicolaus & Company, Incorporated; U.S. Bancorp
Piper Jaffray; and First Union Securities, Inc.
Exhibit 5 Opinion of Nixon Peabody LLP as to the legality of the
Series F Preferred Stock to be issued
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of
1934, the Registrant has duly caused this report to be signed on its behalf by
the undersigned thereunto duly authorized.
Dated: March 20, 2002
Home Properties of New York, Inc.
By: /s/ Ann M. McCormick
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Ann M. McCormick
Senior Vice President