Assembly Bill A9953

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

                                  9953

                          I N  A S S E M B L Y

                              June 3, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Wright) --
  read once and referred to the Committee on Veterans' Affairs

AN ACT to amend the private housing finance law, in relation to disabled
  veteran access to home for heroes contracts

  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 28 to read as follows:
                              ARTICLE XXVIII
               NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
        1241. DEFINITIONS.
        1242. ACCESS TO HOME FOR HEROES CONTRACTS.
  S 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS AND DECLARES THAT MANY DISABLED VETERANS IN NEW YORK  STATE
FACE  A SIGNIFICANT IMPEDIMENT TO ACCESSIBLE AND AFFORDABLE HOUSING AS A
RESULT OF SERVICE RELATED INJURIES, AGE OR HEALTH RELATED  DISABILITIES.
THESE  MEN  AND  WOMEN  HAVE SERVED OUR COUNTRY AND STATE WITH HONOR AND
DISTINCTION AND DESERVE TO ACHIEVE MAXIMUM INDEPENDENCE,  SOCIAL  INTER-
ACTION  AND  COMMUNITY  INTEGRATION. PROVIDING FINANCIAL ASSISTANCE WITH
THE COST OF ADAPTING THE DWELLING UNITS OF  OUR  DISABLED  VETERANS,  IS
FUNDAMENTAL  TO  PROVIDING FOR THE PROMISE OF LIVING SAFELY, COMFORTABLY
AND PRODUCTIVELY IN THE MOST INTEGRATED SETTING OF THEIR CHOICE.
  S 1241. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
  2.   "ELIGIBLE   APPLICANT"  SHALL  MEAN  A  CITY,  TOWN,  VILLAGE  OR
NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A  PERIOD  OF  ONE  OR  MORE
YEARS  PRIOR  TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND  HAS  SUBSTAN-
TIAL EXPERIENCE IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISA-
BILITIES.
  3.  "VETERAN"  SHALL  MEAN A RESIDENT OF THIS STATE, WHO HAS SERVED ON
ACTIVE DUTY IN  THE UNITED STATES ARMY, NAVY, AIR FORCE,  MARINE  CORPS,

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

                                                           LBD15406-01-4

A. 9953                             2

COAST  GUARD,  AND/OR  THE  ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW
YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA, WHO HAS BEEN RELEASED FROM
SUCH SERVICE BY HONORABLE DISCHARGE OR GENERAL DISCHARGE.
  4.  "DISABLED  VETERAN"  SHALL  MEAN A VETERAN WHO IS CERTIFIED BY THE
UNITED STATES DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE  DEPARTMENT  OF
DEFENSE  AS  ENTITLED  TO  RECEIVE  DISABILITY PAYMENTS UPON THE CERTIF-
ICATION OF SUCH DEPARTMENT FOR A DISABILITY INCURRED BY HIM  OR  HER  IN
TIME OF WAR.
  5.  "ACCESS  TO  HOME  FOR HEROES PROGRAMS" OR "PROGRAMS" SHALL MEAN A
SERIES OF ACTIVITIES BY AN ELIGIBLE APPLICANT  TO  ADMINISTER  FUNDS  TO
PROVIDE  GRANTS  TO HOMEOWNERS AND RENTERS AND TO OVERSEE THE ADAPTATION
OR RETROFITTING OF ELIGIBLE PROPERTIES.
  6. "ELIGIBLE PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS  THE  PRIMARY
RESIDENCE  OF  A  DISABLED VETERAN OR VETERAN WITH A PHYSICAL DISABILITY
AND A TOTAL HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE HUNDRED AND TWENTY
PERCENT OF AREA MEDIAN INCOME. A PROPERTY SHALL  NOT  BE  CONSIDERED  AN
ELIGIBLE PROPERTY IF THE OWNER OF THE PROPERTY IS OTHERWISE OBLIGATED BY
FEDERAL,  STATE  OR  LOCAL  LAW TO PROVIDE THE IMPROVEMENTS FUNDED UNDER
THIS ARTICLE.
  S 1242. ACCESS TO HOME FOR HEROES CONTRACTS. 1. WITHIN  THE  LIMIT  OF
FUNDS  AVAILABLE  IN  THE  ACCESS TO HOME FOR HEROES PROGRAM, THE CORPO-
RATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLI-
CANTS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF AN  ACCESS
TO  HOME  FOR  HEROES  PROGRAM. THE FINANCIAL ASSISTANCE SHALL BE IN THE
FORM OF GRANTS. NO MORE THAN FIFTY PERCENT OF THE TOTAL  AMOUNT  AWARDED
PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS
TO HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY. THE CORPORATION
SHALL  MAKE A CONCERTED EFFORT TO PROVIDE GEOGRAPHIC DISTRIBUTION IN THE
AWARDING OF PROGRAM FUNDS TO AFFORD MAXIMUM STATEWIDE IMPACT  FOR  DISA-
BLED VETERANS.
  2.  THE  TOTAL  PAYMENT  PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED
FIVE HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE  FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN,  WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCE-
MENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE  CONTRACT
FOR  UP  TO  TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE
ELIGIBLE APPLICANT.
  3. THE CORPORATION MAY AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND UP TO
SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED  ADMINIS-
TRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
  4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT  SHALL  SUBMIT  A  PLAN
WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY, IMPACT
ON THE COMMUNITY, BUDGET FOR EXPENDITURE OF PROGRAM  FUNDS,  A  SCHEDULE
FOR  COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY BUSINESS
PARTICIPATION.
  S 2. This act shall take effect immediately.