S T A T E O F N E W Y O R K
________________________________________________________________________
4062
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee 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 31 to read as follows:
ARTICLE XXXI
NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
SECTION 1280. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
1281. DEFINITIONS.
1282. ACCESS TO HOME FOR HEROES CONTRACTS.
§ 1280. 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.
§ 1281. 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 SUBSTANTIAL EXPERIENCE
IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03697-01-1
A. 4062 2
3. "VETERAN" SHALL MEAN A RESIDENT OF THIS STATE WHO (A) HAS SERVED ON
ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR
COAST GUARD OR (B) HAS SERVED ON ACTIVE DUTY OR ORDERED TO ACTIVE DUTY
AS DEFINED IN 10 USC 101 (D)(1) AS A MEMBER OF THE NATIONAL GUARD OR
OTHER RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES OR (C)
HAS SERVED ON ACTIVE DUTY OR ORDERED TO ACTIVE DUTY FOR THE STATE, AS A
MEMBER OF THE STATE ORGANIZED MILITIA AS DEFINED IN SUBDIVISION NINE OF
SECTION ONE OF THE MILITARY LAW AND HAS BEEN RELEASED FROM SUCH SERVICE
DOCUMENTED BY AN HONORABLE OR GENERAL DISCHARGE.
4. "DISABLED VETERAN" SHALL MEAN A VETERAN WHO IS CERTIFIED BY THE
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS DOCUMENTED BY A LETTER OF
CERTIFICATION OR THE UNITED STATES DEPARTMENT OF DEFENSE CERTIFICATE OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY, INCLUDING BUT LIMITED TO A DD-214
FORM OR AN HONORABLE CERTIFICATE/REPORT OF CASUALTY.
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 AND A TOTAL HOUSEHOLD INCOME THAT DOES
NOT EXCEED ONE HUNDRED AND TWENTY PERCENT OF AREA MEDIAN INCOME. A PROP-
ERTY 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.
§ 1282. 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.
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.
§ 2. This act shall take effect immediately.