S T A T E O F N E W Y O R K
________________________________________________________________________
125--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CAHILL, P. LOPEZ -- read once and referred to the
Committee on Housing -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend section 3 of part NN of chapter 57 of the laws of 2008
relating to authorizing the New York state mortgage agency to transfer
certain moneys, in relation to the use of surplus funds from the
greater Catskills flood remediation program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of part NN of chapter 57 of the laws of 2008
relating to authorizing the New York state mortgage agency to transfer
certain moneys, as amended by section 1 of part B of chapter 2 of the
laws of 2009, is amended to read as follows:
S 3. (A) Within the amounts transferred to the corporation pursuant to
section one of this act for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of Broome,
Chenango, Delaware, Herkimer, Montgomery, Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within the
amounts available for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family homes that have been
certified by the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation, as having been
subject to one or more incidents of flooding since April 1, 2004 and as
likely to be subject to a future flood incident that would cause
substantial damage thereto. Any application by a county for disbursement
of funds under this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence of
an owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however, that an otherwise eligible
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01907-03-1
A. 125--A 2
home shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary resi-
dence prior to a flood event that rendered the home unsuitable for habi-
tation; (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home will
not exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner as compen-
sation for damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing; (4) the
county provides assurances that the home will be condemned and the prop-
erty will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation or wetlands
management practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition. In selecting homes for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value of
less than one hundred fifty thousand dollars and to homes that have been
subject to two or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting requirements, and shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before December 31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties pursuant to this section
shall not exceed the following amounts: Broome, $750,000; Chenango,
$750,000; Delaware, $2,000,000; Herkimer, $750,000; Montgomery,
$750,000; Orange, $2,000,000; Otsego, $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
(B) ANY FUNDS NOT UNDER CONTRACT OR GRANT AGREEMENT BETWEEN ANY COUNTY
PROVIDED FOR BY THIS SECTION AND THE STATE OF NEW YORK OR ANY OF ITS
DIVISIONS OR AGENCIES ON OR BY JANUARY 1, 2010 MAY BE USED, UPON A FIND-
ING BY THE CORPORATION THAT SUCH FUNDS ARE AVAILABLE, BY ULSTER COUNTY,
WHETHER THE FUNDS ARE ALLOCATED TO SUCH COUNTY OR TO ANOTHER COUNTY
UNDER THIS PROGRAM, TO PURCHASE HOMES WHICH OTHERWISE MEET THE REQUIRE-
MENTS OF SUBDIVISION (A) OF THIS SECTION AND ARE IN ULSTER COUNTY,
AND/OR OTHERWISE PURCHASE HOMES WHICH ARE VALUED AT UNDER $250,000 UPON
A FINDING BY THE CORPORATION THAT: (1) THE HOMES HAVE BEEN SUBJECTED TO
SEEPAGE OF WATER INTO THE HOMES EITHER THROUGH THE WALLS OR FOUNDATION
OF SUCH HOME OR WATER OTHERWISE ENTERS INTO THE HOME OTHER THAN THROUGH
PIPES INTENDED FOR SUCH PURPOSE AND (2) THE HOME IS SITUATED WITHIN TWO
MILES OF AN UNDERGROUND AQUEDUCT OWNED, MAINTAINED OR OPERATED BY THE
CITY OF NEW YORK OR ANY BOARD, AGENCY, DEPARTMENT OR BUREAU THEREOF AND
IS USED FOR THE TRANSPORT OF DRINKING WATER TO THE CITY OF NEW YORK. THE
REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE THROUGH FIVE OF SUBDIVISION
(A) OF THIS SECTION SHALL APPLY, PROVIDED, HOWEVER THAT NOTWITHSTANDING
THE REQUIREMENTS OF PARAGRAPH ONE OF SUBDIVISION (A) OF THIS SECTION, NO
PERSON OR PERSONS WHO OTHERWISE MEETS THE REQUIREMENTS OF THIS SUBDIVI-
SION SHALL BE EXCLUDED ON THE BASIS OF INCOME AND IT IS FURTHER PROVIDED
THAT THE COSTS OF DEMOLITION OF ANY HOME PURCHASED THROUGH THIS SECTION
ARE AN ELIGIBLE COST. IN MAKING DETERMINATIONS OF WHICH HOMES TO
PURCHASE, THE COUNTY SHALL FIRST SEEK TO EXPEND FUNDS TO PURCHASE THOSE
HOMES WHICH MEET THE REQUIREMENTS ENUMERATED IN PARAGRAPHS ONE AND TWO
OF THIS SUBDIVISION.
S 2. This act shall take effect immediately.