senate Bill S4033

Signed by Governor

Relates to the application and effective date of chapter 199 of the laws of 2008

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 15 / Mar / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 06 / Apr / 2011
    • 1ST REPORT CAL.324
  • 11 / Apr / 2011
    • 2ND REPORT CAL.
  • 12 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 02 / May / 2011
    • PASSED SENATE
  • 02 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 02 / May / 2011
    • REFERRED TO HOUSING
  • 15 / Jun / 2011
    • SUBSTITUTED FOR A8244
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.260
  • 15 / Jun / 2011
    • PASSED ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 08 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 20 / Jul / 2011
    • SIGNED CHAP.197

Summary

Relates to the application and effectiveness of provisions of the private housing finance law relating to the low income housing trust fund program.

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Bill Details

See Assembly Version of this Bill:
A8244
Versions:
S4033
Legislative Cycle:
2011-2012
Law Section:
Housing
Laws Affected:
Amd §§4 & 5, Chap 199 of 2008

Sponsor Memo

BILL NUMBER:S4033

TITLE OF BILL:

An act
to amend chapter 199 of the laws of 2008 amending the private housing
finance law relating to the low income housing trust fund program, in
relation to the application and effective date of such chapter

PURPOSE OF BILL:

This bill would eliminate the sunset provision for Private Housing
Finance Law (PHFL) §§ 1101(4),(5),(6),(9) and (11), and 1102(1),
which expand eligibility for the Low Income Housing Trust Fund program.

SUMMARY OF PROVISIONS:

Section 1 of the bill would delete section 4 of chapter 199 of the
laws of 2008, as amended by section 1 of chapter 140 of the laws
of 2010, which requires that the Housing Trust Fund Corporation submit
an annual report to the Legislature.

Section 2 of the bill would delete section 5 of chapter 199 of the laws
of 2008, as amended by section 2 of chapter 140 the laws of 2010,
that provided for the sunset of amendments made in 2008 to the PHFL.

Section 3 of the bill would provide for an immediate effective date.

EXISTING LAW:

Chapter 199 of the laws of 2008 amended the above-referenced sections
of the PHFL to expand eligibility for the low income housing trust
fund program, thereby allowing additional projects to receive program
funding. Section five of chapter 199 provided that those amendments
would sunset on July 1, 2010. Chapter 140 of the laws of 2010 extended
chapter 199's sunset provision, so that the Housing Trust Fund
Corporation is currently authorized to continue the program's
expanded eligibility through July 1, 2011. Section 4 of chapter 199,
as amended by section 1 of chapter 140 of the laws of 2010, required
the Housing Trust Fund Corporation to submit an annual report to the
Legislature.

PRIOR LEGISLATIVE HISTORY:

The sunset provision was previously extended in section 5 of chapter
199 of the laws of 2008, and section 2 of chapter 140 of the laws
of 2010.

STATEMENT IN SUPPORT:

In order to address a continuing shortage of decent affordable housing
in the State, PHFL §§ 1101 and 1102 were amended in 2008 to expand
eligibility for additional projects to receive funding under the low
income housing trust fund program.
The amendments permit a residential property to be eligible for
funding if the rehabilitation of the property would preserve


affordable housing serving a population
whose housing needs would justify replacement of that housing. In
addition, funding eligibility for non-residential property was
expanded to include underutilized properties.

These amendments also increased the maximum award to $125,000 per
unit, increased the percentage that may be used for project
acquisition to 50% and authorized a limited amount of funds to cover
the cost of community service facilities.

Using these more flexible standards, from July 7, 2008 through May 14,
2010, the Low Income Housing Trust Fund program awarded $91,347,004 in
total grants throughout the State, financing the construction or
rehabilitation 2,231 units. These standards should be made permanent,
since they have provided the program with greater flexibility in
order to address the increasingly complex and diverse affordable
housing needs of the state's communities.

This bill would eliminate the section 5 sunset provision for sections
one, two and four of chapter 199 of the laws of 2008, as amended by
chapter 140 of the laws of 2010, because as noted above, the 2008
amended program requirements have resulted in a successful program
capable of providing for the housing needs of low-income residents as
envisioned under the Act. The increased funding limits and program
enhancements have not had a deleterious effect on the program and
thus they should be made permanent and the annual reporting
requirement eliminated as unnecessary.

BUDGET IMPLICATIONS:

This bill has no budget implications.

EFFECTIVE DATE:

This bill would become effective immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4033

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- (at request of the Division of Housing &
  Community Renewal) -- read twice and ordered printed, and when printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty Development

AN ACT to amend chapter 199 of the laws of  2008  amending  the  private
  housing  finance  law  relating  to  the low income housing trust fund
  program, in relation to the application and  effective  date  of  such
  chapter

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4 of chapter 199 of the laws of 2008  amending  the
private  housing  finance  law  relating to the low income housing trust
fund program, as amended by chapter 140 of the laws of 2010, is  amended
to read as follows:
  [S 4. The housing trust fund corporation shall provide a report on the
units  assisted  under  the  low  income  housing trust fund program, as
revised in this act, to the chairs of the assembly housing committee and
the senate housing, construction and community development committee, on
an annual basis, on or before February 20 of the current year.]
  S 2. Section 5 of chapter 199 of the laws of 2008 amending the private
housing finance law relating  to  the  low  income  housing  trust  fund
program,  as  amended  by chapter 140 of the laws of 2010, is amended to
read as follows:
  S [5] 4. This act shall take effect immediately[;  provided,  however,
that  sections  one, two and four of this act shall expire and be deemed
repealed July 1, 2011; provided further, however that  any  awards  made
prior  to  such  repeal  date  shall  remain in effect on and after such
date].
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09683-01-1

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