Bill Text: NY A07609 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the income criteria for the use of funds from the greater Catskills flood remediation program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to housing [A07609 Detail]
Download: New_York-2011-A07609-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7609
2011-2012 Regular Sessions
I N A S S E M B L Y
May 11, 2011
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Housing
AN ACT to amend part NN of chapter 57 of the laws of 2008 relating to
authorizing the New York state mortgage agency to transfer certain
moneys, in relation to income criteria for the use of funds from the
greater Catskills flood remediation program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3 of part NN of chapter 57 of the laws of 2008
2 relating to authorizing the New York state mortgage agency to transfer
3 certain moneys, as amended by section 1 of part X of chapter 58 of the
4 laws of 2011, is amended to read as follows:
5 S 3. (a) Within the amounts transferred to the corporation pursuant to
6 section one of this act for the greater Catskills flood remediation
7 program, the corporation shall provide funds to the counties of Broome,
8 Chenango, Delaware, Herkimer, Montgomery, Orange, Otsego, Schoharie,
9 Sullivan, Tioga and Ulster, upon application by a county and within the
10 amounts available for disbursement to such county, to enable the coun-
11 ties to purchase and demolish one or two family homes that have been
12 certified by the local building inspector and county emergency manage-
13 ment director, to the satisfaction of the corporation, as having been
14 subject to one or more incidents of flooding since April 1, 2004 and as
15 likely to be subject to a future flood incident that would cause
16 substantial damage thereto. Any application by a county for disbursement
17 of funds under this act shall demonstrate, to the satisfaction of the
18 corporation, that: (1) the home is occupied as the primary residence of
19 an owner [with a family income of up to one hundred fifty percent of the
20 area median income as defined by the United States department of housing
21 and urban development], provided, however, that an otherwise eligible
22 home shall be eligible for purchase under this act if the current owner
23 can demonstrate that the home was occupied as the owner's primary resi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10756-03-1
A. 7609 2
1 dence prior to a flood event that rendered the home unsuitable for habi-
2 tation; (2) the current appraised value of the home does not exceed two
3 hundred fifty thousand dollars and the purchase price for the home will
4 not exceed the appraised value less the amount of any property casualty
5 insurance or disaster relief payments received by the owner as compen-
6 sation for damage incurred in a flood incident; (3) all recorded liens
7 or other encumbrances on the home will be released at closing; (4) the
8 county provides assurances that the home will be condemned and the prop-
9 erty will be dedicated and maintained in perpetuity for a use that is
10 compatible with open space, recreational, flood mitigation or wetlands
11 management practices; and (5) disbursements under this section shall be
12 limited to the costs of acquisition of eligible homes, including legal,
13 appraisal, recording and other transaction costs, and the costs of demo-
14 lition. In selecting homes for purchase pursuant to this act, each
15 county shall give preference to homes with a current appraised value of
16 less than one hundred fifty thousand dollars and to homes that have been
17 subject to two or more incidents of flooding since April 1, 2004. The
18 corporation shall establish policies and procedures consistent with this
19 section, which shall include county reporting requirements, and shall
20 report to the governor, the speaker of the assembly, the temporary pres-
21 ident of the senate and the director of the division of the budget on or
22 before December 31, 2008 regarding the implementation of this section.
23 Of the amounts transferred to the corporation pursuant to section one of
24 this act, the amounts disbursed to counties pursuant to this section
25 shall not exceed the following amounts: Broome, $750,000; Chenango,
26 $750,000; Delaware, $2,000,000; Herkimer, $750,000; Montgomery,
27 $750,000; Orange, $2,000,000; Otsego, $750,000; Schoharie, $750,000;
28 Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
29 (b) Any funds not under contract or grant agreement between any county
30 provided for by this section and the state of New York or any of its
31 divisions or agencies on or by January 1, 2010 may be used, upon a find-
32 ing by the corporation that such funds are available, by Ulster county,
33 whether the funds are allocated to such county or to another county
34 under this program, to purchase and demolish homes which otherwise meet
35 the requirements of subdivision (a) of this section and are in Ulster
36 county, and/or otherwise purchase homes which are valued at under
37 $250,000 upon a finding by the corporation that: (1) the homes have been
38 subjected to seepage of water into the homes either through the walls or
39 foundation of such home or water otherwise enters into the home other
40 than through pipes intended for such purpose, and (2) the home is situ-
41 ated within two miles of an underground aqueduct owned, maintained or
42 operated by the city of New York or any board, agency, department or
43 bureau thereof and is used for the transport of drinking water to the
44 city of New York. In making determinations of which homes to purchase,
45 the county shall first seek to expend funds to purchase those homes
46 which meet the requirements enumerated in paragraphs one and two of this
47 subdivision.
48 S 2. This act shall take effect immediately.
