senate Bill S2044

2013-2014 Legislative Session

Includes moderate rehabilitation within projects eligible for assistance under the low income housing trust fund program

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

S2044 - Bill Details

Current Committee:
Law Section:
Private Housing Finance Law
Laws Affected:
Amd ยงยง1100 & 1101, Priv Hous Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S761
2009-2010: S4678

S2044 - Bill Texts

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Includes moderate rehabilitation within the definition of project for the purposes of the low income housing trust fund program; defines moderate rehabilitation project as any occupied residential property or portion thereof which if vacant or underoccupied would qualify as a cooperative project, condominium project, homesteading project or rental project.

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BILL NUMBER:S2044

TITLE OF BILL: An act to amend the private housing finance law, in
relation to the low income housing trust fund program

PURPOSE: The bill authorizes the Housing Trust Fund Program to make
grants or loans for the moderate rehabilitation of occupied buildings.

SUMMARY OF PROVISIONS: This bill amends the Private Housing Finance Law
to state that the legislative findings and purpose for the Housing Trust
Fund Program is changed by adding a finding that there exists throughout
the State a significant number of occupied, as well as vacant or underu-
tilized, dwellings which are deteriorated, unsafe or substandard.

This legislation also authorizes the Housing Trust Fund Corporation
(HTFC) to fund Moderate Rehabilitation projects and eliminates for such
projects the existing requirement that structures eligible for financing
under the Trust Fund Program be vacant or under occupied.

JUSTIFICATION: Existing law limits the Housing Trust Fund Program to
rehabilitating, constructing, or converting only those properties that
are vacant or under occupied (i.e., less than 60 percent of legal occu-
pancy).

The need for the rehabilitation of deteriorated, unsafe, or substandard
structures occupied by persons of low income exists throughout the
State, especially in rural areas. Authorizing the HTFC to finance the
improvement and repair of this housing will enable the State to address
the problems of substandard housing before a structure becomes uninhabi-
table and, possibly, irreparable.

LEGISLATIVE HISTORY:
2011,2012 S.761 Referred to Housing, Construction, and Community Devel-
opment
2009,2010: S.4678 Referred to Housing, Construction & Community Develop-
ment
2007: S.374 Passed Senate 2008: S.374 Reported to Rules 2006:
S.6265-A/A.9590-A Passed Senate 2005: A.5701 Referred to Housing
2003,2004: A.4802 Referred to Housing

FISCAL IMPLICATIONS: The moderate rehabilitation proposal will primari-
ly be implemented through participation loans, thus reducing the amount
of public funds necessary to complete such projects.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2044

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT to amend the private housing finance law, in relation to the low
  income housing trust fund program

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

  Section 1. Section 1100 of the private housing finance law, as amended
by chapter 121 of the laws of 1988, is amended to read as follows:
  S 1100. Statement of legislative findings and purpose. The legislature
hereby  finds  and  declares  that there is a serious shortage of decent
affordable housing in the state for persons of low income; that the cost
of providing such housing without public participation and assistance is
prohibitively high; that there exists throughout the state a significant
number of dwellings which are deteriorated and are vacant  or  underuti-
lized;  THAT  THERE  EXISTS THROUGHOUT THE STATE A SIGNIFICANT NUMBER OF
OCCUPIED DWELLINGS WHICH ARE ALSO DETERIORATED, UNSAFE  OR  SUBSTANDARD;
that  the  existence  of such properties creates a serious threat to the
health and safety of persons who live in or near them, limits the avail-
ability of decent affordable  housing  to  others,  contributes  to  the
blight   and   deterioration  of  neighborhoods,  and  drains  municipal
resources and expenditures; that the rehabilitation of these  properties
would  stem the deterioration of neighborhoods and promote the preserva-
tion and creation of safe and sanitary  low  income  housing;  that  the
potential exists to make such housing available to persons of low income
through  projects  carried  out  by  eligible applicants to rehabilitate
these dwelling accommodations, bring these accommodations  into  compli-
ance  with  all applicable laws and regulations and remove all hazardous
and immediately hazardous code conditions; that  the  purposes  of  this
article should also be served by providing for new construction of hous-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06509-01-3

S. 2044                             2

ing  for persons of low income in areas in which rehabilitation opportu-
nities are limited or where new construction  would  prove  to  be  more
effective;  that  the carrying out of such projects serves a significant
public  purpose  and  may  appropriately be performed by eligible appli-
cants; that payment for such services, tax exemptions and  other  public
participation in such projects would bring down the cost of such housing
and  make  it  affordable  to  persons of low income; and that it is the
policy of the state to preserve and create such housing and  to  provide
for  the aid, care, and support of the needy.  The legislature therefore
finds that a program should be established to  provide  monies  for  the
rehabilitation  and  construction of these properties by eligible appli-
cants to promote the preservation and creation of affordable housing for
persons of low income.
  It is intended that any payments, grants or loans provided to  munici-
palities  through this program not substitute for funds which such muni-
cipalities would have spent in the absence of this program and that such
payments, grants and loans will enable  such  municipalities  to  expand
their commitment to increase the supply of affordable low income housing
to levels greater than would have been possible without this program.
  S  2.  Subdivision  12  of section 1101 of the private housing finance
law, as amended by chapter 121 of the laws of 1988, is amended  to  read
as follows:
  12.  "Project"  shall  mean  a  MODERATE  REHABILITATION, cooperative,
condominium, homesteading or rental project.   In cases where  any  such
project  consists  of  less  than the total number of units or the total
amount of floor space of a property, any reference in this article, to a
"project", "MODERATE  REHABILITATION  PROJECT",  "cooperative  project",
"condominium  project", "rental project" or "homesteading project" shall
mean that portion of such property which makes up such project.
  S 3. Section 1101 of the private housing finance  law  is  amended  by
adding a new subdivision 14 to read as follows:
  14. "MODERATE REHABILITATION PROJECT" SHALL MEAN ANY OCCUPIED RESIDEN-
TIAL  PROPERTY OR ANY PORTION THEREOF WHICH, IF VACANT OR UNDEROCCUPIED,
WOULD QUALIFY AS A COOPERATIVE PROJECT, CONDOMINIUM PROJECT,  HOMESTEAD-
ING PROJECT OR RENTAL PROJECT.
  S 4. This act shall take effect immediately.

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