S T A T E O F N E W Y O R K
________________________________________________________________________
328
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. MONTESANO, MOLINARO, RAIA, SALADINO -- read once
and referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to enacting
the state homesteading act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The private housing finance law is amended by adding a new
article 8-C to read as follows:
ARTICLE VIII-C
STATE HOMESTEADING ACT
SECTION 480. DEFINITIONS.
481. STATE HOMESTEADING.
S 480. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "PERSONS AND FAMILIES OF LOW AND MODERATE INCOME" SHALL MEAN
PERSONS AND FAMILIES WHO ARE DETERMINED BY THE MUNICIPALITY TO BE IN THE
LOW AND MODERATE INCOME GROUPS AND WHO CANNOT AFFORD TO PAY ENOUGH TO
CAUSE PRIVATE ENTERPRISE IN THEIR MUNICIPALITY TO BUILD A SUFFICIENT
SUPPLY OF ADEQUATE, SAFE AND SANITARY DWELLINGS.
2. "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, VILLAGE OR COUNTY.
3. "REHABILITATION" SHALL MEAN REPAIRS, ALTERATIONS OR IMPROVEMENTS OF
A HOUSING ACCOMMODATION DESIGNED TO RAISE THE HOUSING STANDARDS THEREIN.
S 481. STATE HOMESTEADING. 1. NOTWITHSTANDING ANY GENERAL, SPECIAL, OR
LOCAL LAW, A MUNICIPALITY IS HEREBY AUTHORIZED TO SELL UNOCCUPIED MUNI-
CIPALLY OWNED ONE- TO FOUR-FAMILY RESIDENTIAL DWELLINGS THAT REQUIRE
REHABILITATION TO PERSONS AND FAMILIES OF LOW AND MODERATE INCOME, WHO
ARE FIRST-TIME HOMEBUYERS, FOR NOMINAL CONSIDERATION.
2. ANY CONTRACT BETWEEN THE MUNICIPALITY AND AN ELIGIBLE PURCHASER
MUST PROVIDE THAT ALL CLOSING COSTS BE PAID BY THE PURCHASER AND THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02307-01-1
A. 328 2
THE PURCHASER OCCUPY THE RESIDENTIAL DWELLING WITHIN SIXTY DAYS OF THE
TITLE CLOSING OR OF THE COMPLETION OF THE REPAIR OR REHABILITATION WORK.
3. AFTER THE CONTRACT HAS BEEN EXECUTED BY THE MUNICIPALITY AND THE
PURCHASER, THE MUNICIPALITY, IN ITS DISCRETION, MAY PROVIDE THE PURCHAS-
ER WITH TECHNICAL ASSISTANCE CONCERNING REHABILITATION PLANNING AND HOME
REPAIR, FINANCING, THE MORTGAGE APPLICATION PROCESS, AND PROPERTY
MANAGEMENT. AS PART OF ANY SUCH ASSISTANCE, THE MUNICIPALITY MUST ADVISE
THE PURCHASER AS TO THE AVAILABILITY OF ANY FINANCING DIRECTLY THROUGH
THE MUNICIPALITY OR THROUGH STATE AND FEDERAL AGENCIES.
S 2. This act shall take effect immediately.