Senate Bill S6657A

Signed By Governor

2009-2010 Legislative Session

Relates to the insurance of certain preservation loans of the state of New York mortgage agency mortgage insurance fund

download bill text pdf

Archive: Last Bill Status Via A9547 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.246
Jul 19, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate 3rd reading cal.1224 substituted for s6657a
Jun 25, 2010	substituted by a9547a ordered to third reading cal.1224
Jun 16, 2010	reported and committed to rules
May 21, 2010	print number 6657a
May 21, 2010	amend (t) and recommit to corporations, authorities and commissions
Jan 25, 2010	referred to corporations, authorities and commissions

Votes

- Jun 25, 2010 - Floor Vote
  A9547
  
  Aye
  
  46
  
  Nay
  
  14
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (46)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Leibell
      
      Libous
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      nay (14)
      
      DeFrancisco
      
      Farley
      
      Griffo
      
      Hannon
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 25, 2010 - Rules Committee Vote
  S6657A
  
  Aye
  
  18
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 25, 2010
      
      aye (18)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Montgomery
      
      Parker
      
      Serrano
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (2)
      
      LaValle
      
      Saland
      
      aye wr (1)
      
      Seward
      
      absent (1)
      
      Padavan
      
      excused (1)
      
      Larkin
  Jun 16, 2010 - Corporations, Authorities And Commissions Committee Vote
  S6657A
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Corporations, Authorities And Commissions Committee Vote: Jun 16, 2010
      
      aye (3)
      
      Dilan
      
      Perkins
      
      Squadron
      
      nay (1)
      
      Ranzenhofer
      
      aye wr (1)
      
      Larkin

Bill Amendments

2009-S6657 - Details

See Assembly Version of this Bill:: A9547
Law Section:: Public Authorities Law
Laws Affected:: Amd §2428, Pub Auth L

2009-S6657 - Summary

Relates to the insurance of certain preservation loans of the state of New York mortgage agency mortgage insurance fund.

2009-S6657 - Sponsor Memo

                                 BILL NUMBER:  S6657

 TITLE OF BILL :
An act to amend the public authorities law, in relation to the
insurance of certain preservation loans by the state of New York
mortgage agency mortgage insurance fund


 PURPOSE OF THE BILL :
The bill would grant the State of New York Mortgage Agency Mortgage
Insurance Fund ("MIF") authority to insure the full principal amount
of certain preservation loans thereby enabling the MIF to provide
needed support for the refinancing of certain multi-family affordable
housing accommodations which became over leveraged during the current
housing crisis.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Public Authority Law ("PAL") § 2428
by adding a new subdivision 2-a to the Agency's statute to authorize
the Agency to provide mortgage insurance for the full amount of
certain refinancing/preservation loans which meet the following
requirements (i) the indebtedness being refinanced was originated
during the period from January 1, 2004 through December 31, 2008, (ii)
the amount of such loan does not exceed $150 million, (iii) the loan
will preserve or create affordable housing units in the State, and
(iv) the loan shall have been made by a public benefit corporation of

the state of New York which has issued bonds or notes to make such
loan, or the loan shall have been made by a public employee pension
fund.

Section 2 of the bill would amend PAL § 2428(8)(c) to provide that the
Agency may issue commitments for, and insure preservation loans made
with respect to, multi-family residential buildings seeking to
refinance existing indebtedness that was originated during the period
from January 1, 2004 through December 31, 2008 where the loan will
preserve affordable housing accommodations.

Section 3 would provide that this bill and powers delineated therein
be liberally construed to effectuate the intent and purpose of the
bill.

Section 4 would contain a severability clause.

Section 5 would provide that the bill takes effect immediately.

 EXISTING LAW :
The Mortgage Insurance Fund has the authority to insure preservation
loans with respect to one to four family dwellings and certain
buildings and real property and improvements owned by cooperative
housing corporations, both up to an amount not exceeding fifty per
centum of the outstanding principal indebtedness of such loans.

 PRIOR LEGISLATIVE HISTORY :
This is new legislation.

 STATEMENT IN SUPPORT :
In the years immediately preceding 2009, the real estate market in the
state of New York saw an unprecedented increase in real estate values
and in the level of acquisition and rehabilitation financing available
to owners. As values have retreated in recent months and the rental
market has declined, many of the multi-family residential buildings
which were financed or refinanced prior to 2009 have become over
leveraged and struggle to avoid loan defaults. In many communities in
the State, refinancing is effectively unavailable for these buildings.
Those communities face the loss or deterioration of affordable housing

accommodations and the related retail and other community facilities
they attract.

This bill would give the Mortgage Insurance Fund the authority to
provide one hundred percent mortgage insurance on certain loans
extended for the sole purpose of refinancing existing indebtedness
which relate to over leveraged multi-family residential buildings. At
present, the MIF is authorized to insure preservation loans in an
amount up to fifty percent of the outstanding principal amount of
refinancing loans which relate to one to four family dwellings and
certain cooperative housing corporations. The preservation loans to be
insured pursuant to the expanded authority would remain subject to
statutory and other requirements governing loans insured by the MIF.

In addition, the bill would require that the existing indebtedness to
be refinanced be originated during a targeted period during which over
expansive lending practices resulted in over leveraged multi-family
residential buildings, each such preservation loan be subject to a per
loan cap, and each such preservation loan preserve affordable housing
accommodations. It is the intention that this authority be targeted,
and enable the resources of the MIF to be committed to, the
refinancing of certain troubled multi-family loans pursuant to
statutory and other requirements consistent with the MIF's established
mortgage insurance standards.

 BUDGET IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6657 - Bill Text download pdf

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

                                  6657

                            I N  S E N A T E

                            January 25, 2010
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the public authorities law, in relation to the insurance
  of certain preservation loans by the state of New York mortgage agency
  mortgage insurance fund

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

  Section  1.  Section  2428 of the public authorities law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. THE AGENCY MAY ISSUE A COMMITMENT TO PROVIDE  AND  MAY  INSURE  A
PRESERVATION  LOAN  IN AN AMOUNT EQUAL TO THE FULL OUTSTANDING PRINCIPAL
INDEBTEDNESS OF SUCH PRESERVATION LOAN IF: (A) THE EXISTING INDEBTEDNESS
SHALL HAVE BEEN ORIGINATED DURING THE PERIOD  FROM  JANUARY  FIRST,  TWO
THOUSAND FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT, (B) THE
AMOUNT  OF  EACH  INSURED PRESERVATION LOAN SHALL NOT EXCEED ONE HUNDRED
FIFTY MILLION DOLLARS, (C) SUCH  PRESERVATION  LOAN  SHALL  PRESERVE  OR
CREATE  AFFORDABLE HOUSING ACCOMMODATIONS, AND (D) THE PRESERVATION LOAN
SHALL HAVE BEEN MADE BY A PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW
YORK WHICH PUBLIC BENEFIT CORPORATION HAS ISSUED OR WILL ISSUE BONDS  OR
NOTES,  SOME  OR  ALL OF THE PROCEEDS OF WHICH BONDS OR NOTES SHALL HAVE
BEEN, OR WILL BE, USED TO MAKE SUCH PRESERVATION LOAN, OR THE  PRESERVA-
TION LOAN SHALL HAVE BEEN MADE BY A PUBLIC EMPLOYEE PENSION FUND.
  S  2.  Paragraph  (c)  of  subdivision 8 of section 2428 of the public
authorities law, as amended by chapter 113  of  the  laws  of  2000,  is
amended to read as follows:
  (c)  The  agency  shall  not issue a commitment to insure nor shall it
provide loan insurance for a preservation loan unless (i) such  loan  is
made with respect to a one to four family dwelling; or (ii) such loan is
made  with  respect  to  a building, which on the effective date of this
subparagraph, is owned by a cooperative housing corporation  formed  for
the  purpose  of the cooperative ownership of residential real estate in
the state where such refinancing is not  otherwise  available  and  such
loan  will  facilitate  or accommodate affordable homeownership opportu-

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

                                                           LBD15317-01-0

S. 6657                             2

nities; or (iii) such loan is made with respect to the real property and
improvements owned by a cooperative housing corporation formed  for  the
purpose  of  the cooperative ownership of residential manufactured homes
in  the state where such refinancing is not otherwise available and such
loan will facilitate or accommodate  affordable  homeownership  opportu-
nities;  OR (IV) SUCH LOAN IS MADE WITH RESPECT TO MULTI-FAMILY RESIDEN-
TIAL BUILDINGS WITH EXISTING INDEBTEDNESS ORIGINATED DURING  THE  PERIOD
FROM JANUARY FIRST, TWO THOUSAND FOUR THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND EIGHT, WHERE SUCH LOAN WILL FACILITATE OR ACCOMMODATE THE PRES-
ERVATION OF AFFORDABLE HOUSING ACCOMMODATIONS.
  S  3.  Construction.  This  act and all powers granted hereby shall be
liberally construed to effectuate its intent and their purposes, without
implied limitations thereon. This act shall constitute full and complete
authority for all things herein contemplated to be done. All rights  and
powers  herein granted shall be cumulative with those derived from other
sources and shall not, except as expressly stated herein,  be  construed
in  limitation thereof. Insofar as the provisions of this act are incon-
sistent with the provisions of any other act, general  or  special,  the
provisions of this act shall be controlling.
  S  4. Severability clause. If any clause, sentence, paragraph, section
or part of this act be adjudged by any court of  competent  jurisdiction
to  be invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation  to  the  clause,
sentence,  paragraph,  section  or  part hereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately; provided however that the
amendments to paragraph (c) of subdivision 8  of  section  2428  of  the
public  authorities law made by section two of this act shall not affect
the expiration of such subdivision and shall be deemed to expire  there-
with.

co-Sponsors

2009-S6657A (ACTIVE) - Details

See Assembly Version of this Bill:: A9547
Law Section:: Public Authorities Law
Laws Affected:: Amd §2428, Pub Auth L

2009-S6657A (ACTIVE) - Summary

Relates to the insurance of certain preservation loans of the state of New York mortgage agency mortgage insurance fund.

2009-S6657A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6657A

 TITLE OF BILL :
An act to amend the public authorities law, in relation to the
insurance of certain preservation loans by the state of New York
mortgage agency mortgage insurance fund; and providing for the repeal
of such provisions upon expiration thereof


 PURPOSE OF THE BILL :
The bill would grant the State of New York Mortgage Agency Mortgage
Insurance Fund ("MIF") authority to insure the full principal amount
of certain preservation loans thereby enabling the MIF to provide
needed support for the refinancing of certain multi-family affordable
housing accommodations which became over leveraged during the current
housing crisis.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Public Authority Law ("PAL") . 2428
by adding a new subdivision 2-a to the Agency's statute to authorize
the Agency to provide mortgage insurance for the full amount of
certain refinancing/preservation loans which meet the following
requirements (i) the indebtedness being refinanced was originated
during the period from January 1, 2004 through December 31, 2008, (ii)
the amount of such loan does not exceed $150 million, (iii) the loan
will preserve or create affordable housing units in the State, and

(iv) the loan shall have been made by a public benefit corporation of
the state of New York which has issued bonds or notes to make such
loan, or the loan shall have been made by a public employee pension
fund.

Section 2 of the bill would amend PAL § 2428(8)(c) to provide that the
Agency may issue commitments for, and insure preservation loans made
with respect to, multi-family residential buildings seeking to
refinance existing indebtedness that was originated during the period
from January 1, 2004 through December 31, 2008 where the loan will
preserve affordable housing accommodations.

Section 3 would provide that this bill and powers delineated therein
be liberally construed to effectuate the intent and purpose of the
bill.

Section 4 would contain a severability clause.

Section 5 would provide that the bill takes effect immediately and
that the act shall expire on or after June 30, 2012.

 EXISTING LAW :
The Mortgage Insurance Fund has the authority to insure preservation
loans with respect to one to four family dwellings and certain
buildings and real property and improvements owned by cooperative
housing corporations, both up to an amount not exceeding fifty per
centum of the outstanding principal indebtedness of such loans.

 PRIOR LEGISLATIVE HISTORY :
This is new legislation.

 STATEMENT IN SUPPORT :
In the years immediately preceding 2009, the real estate market in the
state of New York saw an unprecedented increase in real estate values
and in the level of acquisition and rehabilitation financing available
to owners. As values have retreated in recent months and the rental
market has declined, many of the multi-family residential buildings
which were financed or refinanced prior to 2009 have become over
leveraged and struggle to avoid loan defaults. In many communities in
the State, refinancing is effectively unavailable for these buildings.
Those communities face the loss or deterioration of affordable housing
accommodations and the related retail and other community facilities
they attract.

This bill would give the Mortgage Insurance Fund the authority to
provide one hundred percent mortgage insurance on certain loans
extended for the sole purpose of refinancing existing indebtedness
which relate to over leveraged multi-family residential buildings. At
present the MIF is authorized to insure preservation loans in an
amount up to fifty percent of the outstanding principal amount of
refinancing loans which relate to one to four family dwellings and
certain cooperative housing corporations. The preservation loans to be
insured pursuant to the expanded authority would remain subject to
statutory and other requirements governing loans insured by the MIF.

In addition, the bill would require that the existing indebtedness to
be refinanced be originated during a targeted period during which over
expansive lending practices resulted in over leveraged multifamily
residential buildings, each such preservation loan be subject to a per
loan cap, and each such preservation loan preserve affordable housing
accommodations. It is the intention that this authority be targeted,
and enable the resources of the MIF to be committed to, the
refinancing of certain troubled multi-family loans pursuant to
statutory and other requirements consistent with the MIF's established
mortgage insurance standards.

 BUDGET IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6657A (ACTIVE) - Bill Text download pdf

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

                                 6657--A

                            I N  S E N A T E

                            January 25, 2010
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to the insurance
  of certain preservation loans by the state of New York mortgage agency
  mortgage  insurance  fund;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section  1.  Section  2428 of the public authorities law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. THE AGENCY MAY ISSUE A COMMITMENT TO PROVIDE  AND  MAY  INSURE  A
PRESERVATION  LOAN  IN AN AMOUNT EQUAL TO THE FULL OUTSTANDING PRINCIPAL
INDEBTEDNESS OF SUCH PRESERVATION LOAN IF: (A) THE EXISTING INDEBTEDNESS
SHALL HAVE BEEN ORIGINATED DURING THE PERIOD  FROM  JANUARY  FIRST,  TWO
THOUSAND FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT; (B) THE
AMOUNT  OF  EACH  INSURED PRESERVATION LOAN SHALL NOT EXCEED ONE HUNDRED
FIFTY MILLION DOLLARS; (C) SUCH  PRESERVATION  LOAN  SHALL  PRESERVE  OR
CREATE  AFFORDABLE HOUSING ACCOMMODATIONS; AND (D) THE PRESERVATION LOAN
SHALL HAVE BEEN MADE BY A PUBLIC BENEFIT CORPORATION OF THE STATE OF NEW
YORK WHICH PUBLIC BENEFIT CORPORATION HAS ISSUED OR WILL ISSUE BONDS  OR
NOTES,  SOME  OR  ALL OF THE PROCEEDS OF WHICH BONDS OR NOTES SHALL HAVE
BEEN, OR WILL BE, USED TO MAKE SUCH PRESERVATION LOAN, OR THE  PRESERVA-
TION LOAN SHALL HAVE BEEN MADE BY A PUBLIC EMPLOYEE PENSION FUND.
  S  2.  Paragraph  (c)  of  subdivision 8 of section 2428 of the public
authorities law, as amended by chapter 113  of  the  laws  of  2000,  is
amended to read as follows:
  (c)  The  agency  shall  not issue a commitment to insure nor shall it
provide loan insurance for a preservation loan unless: (i) such loan  is
made with respect to a one to four family dwelling; or (ii) such loan is
made  with  respect  to  a building, which on the effective date of this
subparagraph, is owned by a cooperative housing corporation  formed  for
the  purpose  of the cooperative ownership of residential real estate in

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

                                                           LBD15317-03-0

S. 6657--A                          2

the state where such refinancing is not  otherwise  available  and  such
loan  will  facilitate  or accommodate affordable homeownership opportu-
nities; or (iii) such loan is made with respect to the real property and
improvements  owned  by a cooperative housing corporation formed for the
purpose of the cooperative ownership of residential  manufactured  homes
in  the state where such refinancing is not otherwise available and such
loan will facilitate or accommodate  affordable  homeownership  opportu-
nities;  OR (IV) SUCH LOAN IS MADE WITH RESPECT TO MULTI-FAMILY RESIDEN-
TIAL BUILDINGS WITH EXISTING INDEBTEDNESS ORIGINATED DURING  THE  PERIOD
FROM JANUARY FIRST, TWO THOUSAND FOUR THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND EIGHT, WHERE SUCH LOAN WILL FACILITATE OR ACCOMMODATE THE PRES-
ERVATION OF AFFORDABLE HOUSING ACCOMMODATIONS.
  S  3.  Construction.  This  act and all powers granted hereby shall be
liberally construed to effectuate its intent and their purposes, without
implied limitations thereon. This act shall constitute full and complete
authority for all things herein contemplated to be done. All rights  and
powers  herein granted shall be cumulative with those derived from other
sources and shall not, except as expressly stated herein,  be  construed
in  limitation thereof. Insofar as the provisions of this act are incon-
sistent with the provisions of any other act, general  or  special,  the
provisions of this act shall be controlling.
  S  4. Severability clause. If any clause, sentence, paragraph, section
or part of this act be adjudged by any court of  competent  jurisdiction
to  be invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation  to  the  clause,
sentence,  paragraph,  section  or  part hereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take  effect  immediately  and  shall  expire  and
deemed repealed  on and after June 30, 2012; provided, however, that the
amendments  to  paragraph  (c)  of  subdivision 8 of section 2428 of the
public authorities law made by section two of this act shall not  affect
the  expiration of such subdivision and shall be deemed to expire there-
with.

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Senate Bill S6657A

Signed By Governor

Sponsored By

Archive: Last Bill Status Via A9547 - Signed by Governor

Actions

Votes

Jun 25, 2010 - Floor Vote

Floor Vote: Jun 25, 2010

Jun 25, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 25, 2010

Jun 16, 2010 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: Jun 16, 2010

Bill Amendments

2009-S6657 - Details

2009-S6657 - Summary

2009-S6657 - Sponsor Memo

2009-S6657 - Bill Text download pdf

co-Sponsors

2009-S6657A (ACTIVE) - Details

2009-S6657A (ACTIVE) - Summary

2009-S6657A (ACTIVE) - Sponsor Memo

2009-S6657A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S6657A

Senate Bill S6657A

Signed By Governor

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status Via A9547 - Signed by Governor

Actions

Votes

Bill Amendments

2009-S6657 - Details

2009-S6657 - Summary

2009-S6657 - Sponsor Memo

2009-S6657 - Bill Text download pdf

co-Sponsors

Bill Perkins

2009-S6657A (ACTIVE) - Details

2009-S6657A (ACTIVE) - Summary

2009-S6657A (ACTIVE) - Sponsor Memo

2009-S6657A (ACTIVE) - Bill Text download pdf

Comments