S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                 3795--A
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                            January 27, 2015
                               ___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Veterans'  Affairs  --  recommitted  to the Committee on Veterans'
  Affairs in accordance with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee
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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05276-03-6
              
             
                          
                
A. 3795--A                          2
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,
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
FEDERAL DEPARTMENT OF VETERANS AFFAIRS THROUGH A DISABILITY STATEMENT OR
BY THE FEDERAL DEPARTMENT OF DEFENSE THROUGH HIS OR HER DD214.
  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.