MARYLAND
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16-1455126
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(State
or other jurisdiction
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(I.R.S.
Employer
|
|
of
incorporation or organization)
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Identification
No.)
|
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850
Clinton Square, Rochester, New York
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14604
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(Address
of Principal Executive Offices)
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(Zip
Code)
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Proposed
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Proposed
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|||
Maximum
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Maximum
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|||
Title
of
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Offering
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Aggregate
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||
Securities
to be
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Amount
to be
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Price
Per
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Offering
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Amount
of
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Registered
|
Registered(1)
|
Share(2)
|
Price(2)
|
Registration Fee
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Common
Stock
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50,000
|
$49.04
|
$2,452,000
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$174.83
|
$0.01
par value
|
(1)
|
In
addition, pursuant to Rule 416(c) under the Securities Act of 1933, this
registration statement also covers an indeterminate amount of interests to
be offered or sold pursuant to the Home Properties, Inc. Director Deferred
Compensation Plan.
|
(2)
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Inserted
solely for the purpose of calculating the registration fee pursuant to
Rule 457(h) and based upon the average of the high and low prices for the
registrant’s Common Stock on the New York Stock Exchange reported as of
May 10, 2010.
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(a)
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The
Registrant’s Annual Report on Form 10-K for the fiscal year ended December
31, 2009, filed with the Commission on February 26,
2010;
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(b)
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The
Registrant’s Quarterly Report on Form 10-Q for the quarterly period ended
March 31, 2010, filed with the Commission on May 7,
2010;
|
(c)
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The
Registrant’s Current Reports on Form 8-K filed with the Commission on
February 18, 2010, and May 6, 2010;
and
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(d)
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The
description of the Common Stock set forth in the Registrant’s registration
statement on Form 8-A (Reg. No. 001-13136), filed with the Commission on
June 9, 1994, including all amendments and reports filed for the purpose
of updating that description.
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Signature
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Title
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Date
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/s/ Edward J. Pettinella
Edward
J. Pettinella
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Director,
President, Chief Executive Officer
(Principal
Executive Officer)
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May
11, 2010
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/s/ David P. Gardner
David
P. Gardner
|
Executive
Vice President, Chief Financial Officer
(Principal
Financial Officer)
|
May
11, 2010
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/s/ Robert J. Luken
Robert
J. Luken
|
Senior
Vice President, Chief Accounting Officer and Treasurer
(Principal
Accounting Officer)
|
May
11, 2010
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/s/ Nelson B. Leenhouts
Nelson
B. Leenhouts
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Co-Chair
|
May
11, 2010
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/s/ Norman P. Leenhouts
Norman
P. Leenhouts
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Co-Chair
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May
11, 2010
|
/s/ Stephen R. Blank
Stephen
R. Blank
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Director
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May
11, 2010
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/s/ Josh E. Fidler
Josh
E. Fidler
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Director
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May
11, 2010
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/s/ Alan L. Gosule
Alan
L. Gosule
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Director
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May
11, 2010
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/s/ Leonard F. Helbig, III
Leonard
F. Helbig, III
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Director
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May
11, 2010
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/s/ Charles J. Koch
Charles
J. Koch
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Director
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May
11, 2010
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/s/ Clifford W. Smith, Jr.
Clifford
W. Smith, Jr.
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Director
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May
11, 2010
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/s/ Paul L. Smith
Paul
L. Smith
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Director
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May
11, 2010
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/s/ Amy L. Tait
Amy
L. Tait
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Director
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May
11, 2010
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4.1
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Articles
of Amendment and Restatement of Articles of Incorporation of Home
Properties of New York, Inc.
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Incorporated
by reference to Home Properties of New York, Registration Statement on
Form S-11, File No. 33-78862
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4.2
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Articles
of Amendment of the Articles of Incorporation of Home Properties of New
York, Inc.
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Incorporated
by reference to the Home Properties of New York, Inc. Registration
Statement on Form S-3 File No. 333-52601 filed May 14,
1998
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4.3
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Articles
of Amendment of the Articles of Incorporation of Home Properties of New
York, Inc.
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Incorporated
by reference to Form 8-K filed by Home Properties of New York, Inc.
dated July 2, 1999
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4.4
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Articles
of Amendment of the Articles of Incorporation of Home Properties of New
York, Inc.
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Incorporated
by reference to the Form 10-Q filed by Home Properties, Inc. for the
quarter ended March 31, 2004
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4.5
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Amended
and Restated By-Laws of Home Properties of New York, Inc. (Revised
12/30/96)
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Incorporated
by reference to the Form 8-K filed by Home Properties of New York,
Inc. dated December 23, 1996
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4.6
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Amendment
Number One to Home Properties of New York, Inc. Amended and Restated
By-laws
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Incorporated
by reference to the Form 10-Q filed by Home Properties, Inc. for the
quarter ended March 31, 2004
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4.7
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Second
Amended and Restated By-laws of Home Properties, Inc.
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Incorporated
by reference to the Form 8-K filed by Home Properties, Inc. dated
November 2, 2007
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4.8
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Home
Properties, Inc. Director Deferred Compensation Plan (Amended and Restated
as of January 1, 2008)
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Incorporated
by reference to the Form 10-K filed by Home Properties, Inc. for the
period ended December 31, 2007
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4.9
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Amendment
Number One to Home Properties, Inc. Director Deferred Compensation
Plan
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Incorporated
by reference to the Form 8-K filed by Home Properties, Inc. dated May 6,
2010
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5.1
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Opinion
of Nixon Peabody
LLP
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Filed
herewith
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23.1
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Consent
of Nixon Peabody LLP
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Contained
in opinion filed as Exhibit 5.1 to this Registration
Statement.
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23.2
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Consent
of PricewaterhouseCoopers LLP, independent accountants
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Filed
herewith
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24
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Power
of Attorney
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Included
herewith
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