STATE OF NEW YORK
        ________________________________________________________________________
                                          1824
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sens. BAILEY, BENJAMIN, BOYLE, COMRIE, HOYLMAN, KENNEDY,
          KRUEGER, MONTGOMERY, PERSAUD,  SAVINO,  SEPULVEDA,  STAVISKY  --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Housing, Construction and Community Development
        AN ACT to amend the private housing finance law, in relation to afforda-
          ble housing corporation grants
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section  1112  of the private housing
     2  finance law, as amended by chapter 64 of the laws of 2012, is amended to
     3  read as follows:
     4    1. Within the limit of  funds  available  in  the  affordable  housing
     5  development  account, the corporation is hereby authorized to enter into
     6  contracts with eligible applicants to provide grants which  such  appli-
     7  cants  shall  use  to  finance  affordable  home  ownership  development
     8  programs subject to the terms and conditions of this article. Any grants
     9  received by a municipality hereunder shall not be deemed to be municipal
    10  funds.  Grantees shall utilize funds provided pursuant to  this  article
    11  solely  as  payments,  grants and loans to owners to reduce the costs of
    12  new construction, rehabilitation or home  improvement  or  the  cost  of
    13  acquisition,  but  only  where such acquisition is part of an affordable
    14  home ownership development program or project to construct or  rehabili-
    15  tate homes, or as otherwise authorized by law. Such financial assistance
    16  may  be  in  the form of loans, participation in loans including but not
    17  limited to participation in loans  originated  or  financed  by  lending
    18  institutions as defined in section forty-two of this chapter, private or
    19  public  employee pension funds or the state of New York mortgage agency,
    20  or grants, on such terms and conditions as the grantee with the approval
    21  of the corporation shall determine,  provided  that  no  such  payments,
    22  grants  and  loans  shall  exceed the lesser of (i) sixty percent of the
    23  project cost for projects involving acquisition or one  hundred  percent
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05620-01-9

        S. 1824                             2
     1  of  rehabilitation programs without an acquisition component or (ii) the
     2  following per dwelling unit limitations (A) thirty-five thousand dollars
     3  for projects except as provided  in  [item]  subparagraph  (B)  of  this
     4  [clause]  paragraph  or  (B) [forty] up to seventy-five thousand dollars
     5  for a high cost project or a project which will receive a loan from  the
     6  federal farmers home administration. Up to ten percent of the program or
     7  project  cost  may  be  used  for  grantee  operating expenses including
     8  expenses related to the  organization  operating  support  and  adminis-
     9  tration  of  the  contract.  Among  the  criteria  the corporation shall
    10  consider in determining whether a project is a high  cost  project  are:
    11  average  cost  of construction in the area, location of the project, and
    12  the impact of the additional funding on the affordability of the project
    13  for the occupants of such project.  No more than fifty  percent  of  the
    14  total  amount  appropriated  pursuant to this article in any fiscal year
    15  shall be allocated to homes located within any single municipality.
    16    § 2. Subdivision 2 of section 1112 of the private housing finance  law
    17  is amended by adding a new paragraph (j) to read as follows:
    18    (j)  In the case of projects that receive an award of over forty thou-
    19  sand dollars, the grantee may establish  resale  restrictions  requiring
    20  the  sale  of  the  unit or units receiving such funding through a grant
    21  from the corporation be purchased only by qualified low-income  homebuy-
    22  ers  extending  for  a  period of at least sixty years, but no more than
    23  ninety-nine years, and the grantee may ensure this resale restriction by
    24  use of deed restrictions, community land trusts, or limited-equity coop-
    25  erative ownership structure.
    26    § 3. Section 1112 of the private housing finance  law  is  amended  by
    27  adding a new subdivision 3-a to read as follows:
    28    3-a.  In  determining awards pursuant to this article, the corporation
    29  shall establish tiered project funding levels based on length and  depth
    30  of affordability.
    31    §  4.  Projects  in pre-development that have already received commit-
    32  ments from the corporation prior to the effective date of this act shall
    33  be granted the opportunity to request additional capital under  the  law
    34  after the effective date of this act.
    35    §  5. This act shall take effect on the two hundred fortieth day after
    36  it shall have become a law. Effective immediately, the  commissioner  of
    37  homes  and  community  renewal  is  authorized and directed to take such
    38  actions which are necessary for the implementation of this act,  includ-
    39  ing  the addition, amendment and/or repeal of any rule or regulation, on
    40  or before such effective date.