Bill Text: NY A10285 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the mobile and manufactured home replacement program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-20 - referred to housing [A10285 Detail]
Download: New_York-2015-A10285-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10285 IN ASSEMBLY May 20, 2016 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Housing AN ACT to amend the private housing finance law, in relation to the mobile and manufactured home replacement program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The private housing finance law is amended by adding a new 2 article 28 to read as follows: 3 ARTICLE XXVIII 4 MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM 5 Section 1240. Statement of legislative findings and purpose. 6 1241. Definitions. 7 1242. Mobile and manufactured home replacement contracts. 8 § 1240. Statement of legislative findings and purpose. The legislature 9 hereby finds and declares that there exists in New York state a serious 10 need to eliminate older, dilapidated mobile and manufactured homes and 11 replace them with new manufactured, modular or site-built homes. Older 12 mobile or manufactured home units with rusted, leaking metal roofs, 13 metal-framed windows with interior take-out storms, and metal siding, 14 are those that most need replacement. No matter the amount of rehabili- 15 tation investment, the end result is unsatisfactory in terms of longev- 16 ity, energy efficiency and affordability. The legislature therefore 17 finds that the state should establish a program to fund the replacement 18 of mobile or manufactured homes with new affordable and energy efficient 19 manufactured, modular or site-built homes. 20 § 1241. Definitions. For the purposes of this article the following 21 terms shall have the following meanings: 22 1. "Corporation" shall mean the housing trust fund corporation estab- 23 lished in section forty-five-a of this chapter. 24 2. "Dilapidated" shall mean a housing unit that does not provide safe 25 and adequate shelter, and in its present condition endangers the health, 26 safety or well-being of the occupants. Such a housing unit shall have 27 one or more critical defects, or a combination of intermediate defects 28 in sufficient number or extent to require considerable repair or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14637-05-6A. 10285 2 1 rebuilding. Such defects may involve original construction, or they may 2 result from continued neglect or lack of repair or from serious damage 3 to the structure. 4 3. "Eligible applicant" shall mean a unit of local government or a 5 not-for-profit corporation in existence for a period of one or more 6 years prior to application, which is, or will be at the time of award, 7 incorporated under the not-for-profit corporation law and has substan- 8 tial experience in affordable housing. 9 4. "Eligible property" shall mean a mobile or manufactured home that 10 is the primary residence of a homeowner with a total household income 11 that does not exceed eighty percent of area median income for the county 12 in which a project is located as calculated by the United States depart- 13 ment of housing and urban development. 14 5. "Manufactured home" shall have the same meaning as is set forth for 15 such term in subdivision seven of section six hundred one of the execu- 16 tive law. 17 6. "Mobile and manufactured home replacement program" or "program" 18 shall mean a proposal by an eligible applicant for the replacement of a 19 dilapidated mobile or manufactured home with a new manufactured, modular 20 or site-built home. All replacement homes shall be energy star rated for 21 energy efficiency. 22 7. "Modular home" shall have the same meaning as is set forth for such 23 term in paragraph thirty-three of subdivision (b) of section eleven 24 hundred one of the tax law. 25 8. "Site-built home" shall mean a structure built on-site using build- 26 ing materials delivered to the site, even if some of such materials were 27 manufactured, produced or assembled off-site such as, by way of example 28 and not by way of limitation, concrete blocks, windows, door units, wall 29 or roof panels, trusses and dormers. 30 § 1242. Mobile and manufactured home replacement contracts. 1. Grants. 31 Within the limit of funds available in the mobile and manufactured home 32 replacement program, the corporation is hereby authorized to enter into 33 contracts with eligible applicants to provide grants, which shall be 34 used to establish programs to provide assistance to eligible property 35 owners to replace dilapidated mobile or manufactured homes in the state. 36 2. Program criteria. The corporation shall develop procedures, crite- 37 ria and requirements related to the application and award of projects 38 pursuant to this section which shall include: eligibility, market 39 demand, feasibility and funding criteria; the funding determination 40 process; supervision and evaluation of contracting applicants; report- 41 ing, budgeting and record-keeping requirements; provisions for modifica- 42 tion and termination of contracts; and such other matters not inconsist- 43 ent with the purposes and provisions of this article as the corporation 44 shall deem necessary or appropriate. 45 3. Contract limitations. The total contract pursuant to any one eligi- 46 ble applicant in a specified region shall not exceed five hundred thou- 47 sand dollars and the contract shall provide for completion of the 48 program within a reasonable period, as specified therein, which shall 49 not in any event exceed four years from commencement of the program. 50 Upon request, the corporation may extend the term of the contract for up 51 to an additional one year period for good cause shown by the eligible 52 applicant. 53 4. Planning and administrative costs. The corporation shall authorize 54 the eligible applicant to spend seven and one-half percent of the 55 contract amount for approved planning and administrative costs associ- 56 ated with administering the program.A. 10285 3 1 5. The corporation shall require that, in order to receive a grant 2 pursuant to this article, the eligible property owner shall have no 3 liens on the land after closing the grant other than the new home 4 financing and currently existing mortgage or mortgages, and all property 5 taxes and insurances must be current. 6 6. Assistance. Financial assistance to eligible property owners shall 7 be one hundred percent grants in the form of deferred payment loans 8 (DPL). A ten year declining balance lien in the form of a note and mort- 9 gage, duly filed at the county clerk's office, will be utilized for 10 replacement projects. No interest or payments will be required on the 11 DPL unless the property is sold or transferred before the regulatory 12 term expires. In such cases funds will be recaptured from the proceeds 13 of the sale of the home, on a declining balance basis, unless an 14 income-eligible immediate family member accepts ownership of, and 15 resides in the new replacement home for the remainder of the regulatory 16 term. In addition the mobile and manufactured home replacement program 17 established by this article shall: (a) provide funds for relocation 18 assistance to homeowners who are unable to voluntarily relocate during 19 the demolition and construction phases of the project; (b) provide fund- 20 ing for the costs of demolishing and disposing of the dilapidated home; 21 and (c) complement and be in addition to any existing mobile home 22 replacement established under the New York state HOME program pursuant 23 to section eleven hundred seventy-two of this chapter, or any successor 24 thereto, and funded with federal funds. 25 7. Homeownership training. The eligible property owner must agree to 26 attend an approved homeownership training program for post-purchase, 27 credit/budget, and home maintenance counseling as part of the applica- 28 tion process. 29 8. Funding criteria. The total payment pursuant to any one grant 30 contract shall not exceed one hundred thousand dollars and the contract 31 shall provide for completion of the program within a reasonable period, 32 as specified therein, not to exceed four years. 33 9. Funding and annual report. The corporation in its sole discretion 34 shall authorize all funding decisions and make all award announcements. 35 The corporation shall, on or before December thirty-first in each year 36 submit a report to the legislature on the implementation of this arti- 37 cle. Such report shall include, but not be limited to, for each award 38 made to a grantee under this article: a description of such award; 39 contract amount and cumulative total; and such other information as the 40 corporation deems pertinent. 41 § 2. This act shall take effect immediately.
