S T A T E O F N E W Y O R K
________________________________________________________________________
8320
2019-2020 Regular Sessions
I N A S S E M B L Y
June 13, 2019
___________
Introduced by M. of A. CYMBROWITZ -- (at request of the New York State
Homes and Community Renewal) -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the private housing finance law, in relation to the
powers of the New York state housing finance agency, with relation to
an increase in bond and note authorization; to amend chapter 514 of
the laws of 1983 amending the private housing finance law and the real
property tax law relating to the powers of the New York state housing
finance agency to finance certain multi-family housing and chapter 396
of the laws of 1984, amending the private housing finance law and the
real property tax law relating to the powers of the New York state
housing finance agency to finance certain multi-family housing, in
relation to the effectiveness of such chapters; to amend chapter 915
of the laws of 1982 amending the public authorities law, relating to
the powers of the state of New York mortgage agency, in relation to
the effective date thereof; to amend the public authorities law, in
relation to the powers of the state of New York mortgage agency; to
amend chapter 555 of the laws of 1989 amending the public authorities
law and other laws relating to establishing a New York state infras-
tructure trust fund, in relation to the effective date thereof; to
amend chapter 172 of the laws of 2002, amending the public authorities
law relating to the powers of the state of New York mortgage agency,
in relation to extending the provisions thereof; to amend chapter 208
of the laws of 2010 amending the public authorities law relating to
the powers of the state of New York mortgage agency, in relation to
extending the provisions thereof; and to amend chapter 246 of the laws
of 2010 amending the public authorities law relating to the powers of
the state of New York mortgage agency, in relation to extending the
provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09487-01-9
A. 8320 2
Section 1. Paragraph (c) of subdivision 1 of section 47 of the private
housing finance law, as amended by chapter 89 of the laws of 2017, is
amended to read as follows:
(c) The agency shall not issue bonds and notes other than state
university construction bonds and state university construction notes,
hospital and nursing home project bonds and hospital and nursing home
project notes, health facilities bonds and health facilities notes,
youth facilities project bonds and youth facilities project notes,
community mental health services and mental retardation services project
bonds and community mental health services and mental retardation
services project notes, community senior citizens services project notes
or community senior citizens services project bonds and mental hygiene
improvement bonds and mental hygiene improvement notes and bonds and
notes for the housing program for any of its corporate purposes in an
aggregate principal amount exceeding [twenty-six] TWENTY-NINE billion
[seven] TWO hundred eighty million dollars, excluding bonds and notes
issued to refund outstanding bonds and notes.
§ 2. Section 6 of chapter 514 of the laws of 1983, amending the
private housing finance law and the real property tax law relating to
the powers of the New York state housing finance agency to finance
certain multi-family housing, as amended by chapter 89 of the laws of
2017, is amended to read as follows:
§ 6. This act shall take effect immediately and shall remain in full
force and effect until July 23, [2019] 2021 at which time it shall be
repealed.
§ 3. Section 7 of chapter 396 of the laws of 1984, amending the
private housing finance law and the real property tax law relating to
the powers of the New York state housing finance agency to finance
certain multi-family housing, as amended by chapter 89 of the laws of
2017, is amended to read as follows:
§ 7. This act shall take effect immediately, except that sections one,
three, four, five and six of this act shall remain in full force and
effect until July 23, [2019] 2021 at which time such sections shall be
repealed.
§ 4. Section 16 of chapter 915 of the laws of 1982 amending the public
authorities law relating to the powers of the state of New York mortgage
agency, as amended by chapter 89 of the laws of 2017, is amended to read
as follows:
§ 16. This act shall take effect immediately except that the amend-
ments to law effected by sections one through ten of this act, as
amended, shall cease to be of force and effect on and after July 23,
[2019] 2021, on which date the provisions of the public authorities law
amended by such sections shall be as they were in force and effect imme-
diately prior to this act taking effect.
§ 5. Section 2407 of the public authorities law, as amended by chapter
89 of the laws of 2017, is amended to read as follows:
§ 2407. Bond limits. (1) Except for notes issued in nineteen hundred
seventy and nineteen hundred seventy-one, the agency shall not issue
bonds and notes, the interest on which is not included in the gross
income of the holders of the bonds and notes under the United States
Internal Revenue Code of 1986, as amended, or any subsequent correspond-
ing internal revenue law of the United States, in an aggregate principal
amount exceeding ten billion two hundred twenty million dollars, exclud-
ing from such limitation (a) an amount equal to any original issue
discount from the principal amount of any bonds or notes issued, (b)
bonds and notes issued to refund outstanding bonds and notes, and (c)
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bonds and notes not described in paragraph (b) of this subdivision
issued to refund outstanding bonds and notes in accordance with the
provisions of the Internal Revenue Code of 1986 or the Tax Reform Act of
1986, as amended, where such bonds or notes are not included in the
statewide volume cap on private purpose bonds under section 146 of such
code provided, however, that upon any refunding pursuant to this para-
graph or paragraph (b) of this subdivision, such exclusion shall apply
only to the extent that the amount of the refunding bonds or notes does
not exceed (i) the outstanding amount of the refunded bonds or notes,
plus (ii) to the extent permitted by applicable federal tax law, costs
of issuance of the refunding bonds or notes to be financed from the
proceeds of the refunding bonds or notes. No such bond or note shall be
issued by the agency on or after July twenty-third, two thousand [nine-
teen] TWENTY-ONE, excluding bonds and notes issued to refund outstanding
bonds and notes. No more than [five hundred million] ONE BILLION dollars
of proceeds of bonds or notes issued by the agency pursuant to this
subdivision shall be used for mortgage purposes by blending with
proceeds of bonds issued pursuant to subdivision two of this section.
(2) In connection with the issuance of bonds for the purpose of
furthering programs described in this title, the agency is authorized to
covenant and consent that the interest on any of its bonds, notes or
other obligations shall be includable, under the United States Internal
Revenue Code of 1986, as amended or any subsequent corresponding inter-
nal revenue law of the United States, in the gross income of the holders
of the bonds to the same extent and in the same manner that the interest
on bills, bonds, notes or other obligations of the United States is
includable in the gross income of the holders thereof under said Inter-
nal Revenue Code or any such subsequent law. Pursuant to this subdivi-
sion, the agency shall not issue bonds, notes or other obligations in an
aggregate principal amount exceeding one billion dollars, excluding from
such limitation bonds, notes or other obligations issued to refund
outstanding bonds, notes or other obligations. No such bond, note or
other obligation shall be issued by the agency on or after July twenty-
third, two thousand [nineteen] TWENTY-ONE, excluding bonds, notes or
other obligations issued to refund outstanding bonds, notes or other
obligations and no mortgages shall be purchased with the proceeds of
such bonds, notes or other obligations after such date. The board of
directors of the agency shall establish program guidelines for purposes
of bonds, notes or other obligations issued pursuant to this subdivi-
sion. The board of directors shall establish from time to time maximum
income limits of persons eligible to receive mortgages financed by
bonds, notes or other obligations issued pursuant to this subdivision,
which income limits with respect to one-third of the total principal
amount of mortgages authorized to be so financed shall not exceed one
hundred twenty-five percent of the latest maximum income limits permit-
ted under the Internal Revenue Code of 1986, as amended, for mortgagors
financed by mortgage revenue bonds, with respect to one-third of such
principal amount authorized to be so financed, shall not exceed one
hundred thirty-five percent of such income limits, and with respect to
one-third of such principal amount authorized to be so financed, shall
not exceed one hundred fifty percent of such limits, provided that
notwithstanding the foregoing, the maximum income limits of persons
eligible to receive mortgages financed by the agency under its neighbor-
hood revitalization program (and any successor program) shall not exceed
one hundred fifty percent of the latest maximum income limits permitted
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under the Internal Revenue Code of 1986, as amended, for mortgagors
financed by mortgage revenue bonds.
(3) The fixing of the statutory maximums in this section shall not be
construed as constituting a contract between the agency and the holders
of its bonds or notes that additional bonds and notes may not be issued
subsequently by the agency in the event that such statutory maximums
shall subsequently be increased by law.
§ 6. Section 19 of chapter 555 of the laws of 1989 amending the public
authorities law and other laws relating to establishing a New York state
infrastructure trust fund, as amended by chapter 89 of the laws of 2017,
is amended to read as follows:
§ 19. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 15, 1989 provided
that the amendments to law effected by sections six and nine through
seventeen of this act, as amended, shall cease to be of force and effect
on and after July 23, [2019] 2021, on which date the provisions of the
public authorities law amended by such sections shall be as they were in
force and effect immediately prior to this act taking effect, and
provided however that the amendments to law effected by sections six and
nine through seventeen of this act, as amended, shall continue to apply
to all commitments issued or policies or development corporation credit
support in force on or before July 23, [2019] 2021, and provided further
that the amendments to section 2429-b of the public authorities law made
by section 13 of chapter 3 of the laws of 2004 which amended this
section shall not cease to be of force and effect prior to the time that
full payment of all development corporation credit support obligations
has been made or provided for.
§ 7. Section 2 of chapter 172 of the laws of 2002 amending the public
authorities law relating to the powers of the state of New York mortgage
agency, as amended by chapter 89 of the laws of 2017, is amended to read
as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until July 23, [2019] 2021, whereupon such date the
provisions of this act shall expire and be deemed repealed.
§ 8. Section 4 of chapter 208 of the laws of 2010 amending the public
authorities law relating to the powers of the state of New York mortgage
agency, as amended by chapter 89 of the laws of 2017, is amended to read
as follows:
§ 4. This act shall take effect immediately, provided that the amend-
ments to subdivision 5 of section 2402 of the public authorities law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 16 of chapter 915 of
the laws of 1982, as amended, when upon such date the provisions of
section two of this act shall take effect; further provided that this
act shall expire and be deemed repealed July 23, [2019] 2021.
§ 9. Section 5 of chapter 246 of the laws of 2010 amending the public
authorities law relating to the powers of the state of New York mortgage
agency, as amended by chapter 89 of the laws of 2017, is amended to read
as follows:
§ 5. This act shall take effect immediately and shall expire and be
deemed repealed on and after July 23, [2019] 2021; provided, however,
that the amendments to paragraph (c) of subdivision 8 of section 2428 of
the public authorities law made by section two of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith.
§ 10. This act shall take effect immediately.