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A00570 Summary:

BILL NOA00570B
 
SAME ASSAME AS S06866-A
 
SPONSORCahill
 
COSPNSRBarron, Woerner
 
MLTSPNSR
 
Add Art 27-A §§1240 - 1242, Priv Hous Fin L
 
Establishes the mobile and manufactured home replacement program to eliminate older mobile and manufactured homes and replace them with new manufactured, modular or site-built homes; makes related provisions.
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A00570 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         570--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Housing -- committee discharged, bill amended, ordered reprinted as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Housing 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  the
          mobile and manufactured home replacement program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The private housing finance law is amended by adding a  new
     2  article 27-A to read as follows:
     3                               ARTICLE XXVII-A
     4              MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM
     5  Section 1240. Statement of legislative findings and purpose.
     6          1241. Definitions.
     7          1242. Mobile and manufactured home replacement contracts.
     8    § 1240. Statement of legislative findings and purpose. The legislature
     9  hereby  finds and declares that there exists in New York state a serious
    10  need to eliminate older, dilapidated mobile and manufactured  homes  and
    11  replace  them  with new manufactured, modular or site-built homes. Older
    12  mobile or manufactured home units  with  rusted,  leaking  metal  roofs,
    13  metal-framed  windows  with  interior take-out storms, and metal siding,
    14  are those that most need replacement. No matter the amount of  rehabili-
    15  tation  investment, the end result is unsatisfactory in terms of longev-
    16  ity, energy efficiency  and  affordability.  The  legislature  therefore
    17  finds  that the state should establish a program to fund the replacement
    18  of mobile or manufactured homes with new affordable and energy efficient
    19  manufactured, modular or site-built homes.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01591-05-2

        A. 570--B                           2
 
     1    § 1241. Definitions. For the purposes of this  article  the  following
     2  terms shall have the following meanings:
     3    1.  "Corporation" shall mean the housing trust fund corporation estab-
     4  lished in section forty-five-a of this chapter.
     5    2. "Dilapidated" shall mean a housing unit that does not provide  safe
     6  and adequate shelter, and in its present condition endangers the health,
     7  safety  or  well-being  of the occupants. Such a housing unit shall have
     8  one or more critical defects, or a combination of  intermediate  defects
     9  in  sufficient  number  or  extent  to  require  considerable  repair or
    10  rebuilding. Such defects may involve original construction, or they  may
    11  result  from  continued neglect or lack of repair or from serious damage
    12  to the structure.
    13    3. "Eligible applicant" shall mean a unit of  local  government  or  a
    14  not-for-profit  corporation  in  existence  for  a period of one or more
    15  years prior to application, which is, or will be at the time  of  award,
    16  incorporated  under  the not-for-profit corporation law and has substan-
    17  tial experience in affordable housing.
    18    4. "Eligible property" shall mean a mobile or manufactured  home  that
    19  is  the  primary  residence of a homeowner with a total household income
    20  that does not exceed eighty percent of area median income for the county
    21  in which a project is located as calculated by the United States depart-
    22  ment of housing and urban development.
    23    5. "Manufactured home" shall have the same meaning as is set forth for
    24  such term in subdivision seven of section six hundred one of the  execu-
    25  tive law.
    26    6.  "Mobile  and  manufactured  home replacement program" or "program"
    27  shall mean a proposal by an eligible applicant for the replacement of  a
    28  dilapidated mobile or manufactured home with a new manufactured, modular
    29  or site-built home. All replacement homes shall be energy star rated for
    30  energy efficiency.
    31    7. "Modular home" shall have the same meaning as is set forth for such
    32  term  in  paragraph  thirty-three  of  subdivision (b) of section eleven
    33  hundred one of the tax law.
    34    8. "Site-built home" shall mean a structure built on-site using build-
    35  ing materials delivered to the site, even if some of such materials were
    36  manufactured, produced or assembled off-site such as, by way of  example
    37  and not by way of limitation, concrete blocks, windows, door units, wall
    38  or roof panels, trusses and dormers.
    39    § 1242. Mobile and manufactured home replacement contracts. 1. Grants.
    40  Within  the limit of funds available in the mobile and manufactured home
    41  replacement program, the corporation is hereby authorized to enter  into
    42  contracts  with  eligible  applicants  to provide grants, which shall be
    43  used to establish programs to provide assistance  to  eligible  property
    44  owners to replace dilapidated mobile or manufactured homes in the state.
    45    2.  Program criteria. The corporation shall develop procedures, crite-
    46  ria and requirements related to the application and  award  of  projects
    47  pursuant  to  this  section  which  shall include:   eligibility, market
    48  demand, feasibility and  funding  criteria;  the  funding  determination
    49  process;  supervision  and evaluation of contracting applicants; report-
    50  ing, budgeting and record-keeping requirements; provisions for modifica-
    51  tion and termination of contracts; and such other matters not inconsist-
    52  ent with the purposes and provisions of this article as the  corporation
    53  shall deem necessary or appropriate.
    54    3. Contract limitations. The total contract pursuant to any one eligi-
    55  ble applicant in a specified region shall not exceed seven hundred fifty
    56  thousand  dollars  and  the contract shall provide for completion of the

        A. 570--B                           3
 
     1  program within a reasonable period, as specified  therein,  which  shall
     2  not  in  any  event  exceed four years from commencement of the program.
     3  Upon request, the corporation may extend the term of the contract for up
     4  to  an  additional  one year period for good cause shown by the eligible
     5  applicant.
     6    4. Planning and administrative costs. The corporation shall  authorize
     7  the  eligible  applicant to spend ten percent of the contract amount for
     8  approved planning and administrative costs associated with administering
     9  the program.
    10    5. The corporation shall require that, in order  to  receive  a  grant
    11  pursuant  to  this  article,  the  eligible property owner shall have no
    12  liens on the land after closing  the  grant  other  than  the  new  home
    13  financing and currently existing mortgage or mortgages, and all property
    14  taxes and insurances must be current.
    15    6.  Assistance. Financial assistance to eligible property owners shall
    16  be one hundred percent grants in the  form  of  deferred  payment  loans
    17  (hereinafter  referred  to  in  this subdivision as "DPL").   A ten year
    18  declining balance lien in the form of a note and mortgage, duly filed at
    19  the county clerk's office, will be utilized for replacement projects. No
    20  interest or payments will be required on the DPL unless the property  is
    21  sold  or  transferred  before the regulatory term expires. In such cases
    22  funds will be recaptured from the proceeds of the sale of the home, on a
    23  declining balance basis,  unless  an  income-eligible  immediate  family
    24  member accepts ownership of, and resides in the new replacement home for
    25  the  remainder of the regulatory term.  In addition the mobile and manu-
    26  factured home replacement program established by this article shall: (a)
    27  provide funds for relocation assistance to homeowners who are unable  to
    28  voluntarily  relocate  during  the demolition and construction phases of
    29  the project; (b) provide  funding  for  the  costs  of  demolishing  and
    30  disposing of the dilapidated home; and (c) complement and be in addition
    31  to  any  existing mobile home replacement established under the New York
    32  state HOME program pursuant to section  eleven  hundred  seventy-two  of
    33  this chapter, or any successor thereto, and funded with federal funds.
    34    7.  Homeownership  training. The eligible property owner must agree to
    35  attend an approved homeownership  training  program  for  post-purchase,
    36  credit/budget,  and  home maintenance counseling as part of the applica-
    37  tion process.
    38    8. Funding criteria. The total  payment  pursuant  to  any  one  grant
    39  contract  shall not exceed two hundred thousand dollars and the contract
    40  shall provide for completion of the program within a reasonable  period,
    41  as specified therein, not to exceed four years.
    42    9.  Funding  and annual report. The corporation in its sole discretion
    43  shall authorize all funding decisions and make all award  announcements.
    44  The  corporation  shall, on or before December thirty-first in each year
    45  submit a report to the legislature on the implementation of  this  arti-
    46  cle.  Such  report  shall include, but not be limited to, for each award
    47  made to a grantee under this  article:  a  description  of  such  award;
    48  contract  amount and cumulative total; and such other information as the
    49  corporation deems pertinent.
    50    § 2. This act shall take effect immediately.
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