Bill Text: NY S01824 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to affordable housing corporation grants by increasing the amount that can be granted to a high cost project.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S01824 Detail]

Download: New_York-2019-S01824-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1824--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 16, 2019
                                       ___________

        Introduced  by  Sens. BAILEY, BENJAMIN, BOYLE, COMRIE, HOYLMAN, JACKSON,
          KENNEDY,  KRUEGER,  MONTGOMERY,  MYRIE,  PERSAUD,   SALAZAR,   SAVINO,
          SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice and ordered print-
          ed,  and  when  printed  to  be committed to the Committee on Housing,
          Construction and Community Development -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05620-03-9

        S. 1824--A                          2

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