In addition to the requirements set forth in section 5-501(3)(b) of the General Obligations Law which limit prepayment penalties to the first year of a mortgage loan, no prepayment penalty may be taken for any mortgage loan made pursuant to this Part unless, according to the provisions of the note and mortgage, the interest rate for the loan shall remain fixed for a period of at least five years, the loan contract provides for a prepayment penalty and the mortgage broker, mortgage banker and/or exempt organization complies with the provisions of sections 38.2, 38.3 and 38.4 of this Title which pertain to prepayment penalties.