Relates to the Long Island Workforce housing program; authorizes downpayment assistance to eligible homebuyers who qualify pursuant to a program created by the local government.
STATE OF NEW YORK
________________________________________________________________________
4964
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to the Long
Island workforce housing program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 699-b of the general municipal law, as added by
2 chapter 444 of the laws of 2008, is amended to read as follows:
3 § 699-b. Long Island workforce housing program. 1. When a local
4 government approves a subdivision plat or site plan for five or more
5 residential units or a mixed-use development that incorporates five or
6 more residential units, except as otherwise provided in subdivision two
7 of this section, the applicant shall receive a density bonus or other
8 incentive pursuant to a written agreement between the applicant and the
9 local government and such local government shall require of the appli-
10 cant at the sole discretion of the local government:
11 (a) the set aside of at least ten percent of such units for affordable
12 workforce housing on site; or
13 (b) the provision of other land and the construction of the required
14 affordable workforce housing units that are not part of the applicant's
15 current subdivision plat or site plan but are to be provided on another
16 site within the same local government; or
17 (c) the payment of a fee equal to [two times the median income for a
18 family of four for the Nassau-Suffolk primary metropolitan statistical
19 area as defined by the federal Department of Housing and Urban Develop-
20 ment, for each additional unit which results, or would have resulted,
21 from the density bonus or, when such fee exceeds] the appraised value of
22 each lot [resulting from such density bonus, then such fee shall be
23 equal to the appraised value of the lot or lots, or the equivalent ther-
24 eof, for each additional unit created by the density bonus] as if it had
25 been set aside for affordable workforce housing on site. All fees
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01097-01-9
A. 4964 2
1 collected by the local government as provided in this section shall, at
2 the sole discretion of the local government, be:
3 (i) deposited in a single trust fund under the control of the local
4 government to be kept in trust and separate and apart from all other
5 monies of such local government, for the specific purpose of construct-
6 ing affordable workforce housing, acquiring land for the purpose of
7 providing affordable workforce housing [or], rehabilitating structures
8 for the purpose of providing affordable workforce housing, or to provide
9 downpayment assistance to eligible homebuyers who qualify pursuant to a
10 program created by the local government. The downpayment assistance
11 funds shall be secured by a note and mortgage on the property purchased
12 with such funds and shall be fully repaid to the fund by the recipient
13 upon the sale or refinancing of the aforementioned property. Pending
14 expenditures from such trust fund, monies therein may be invested in the
15 manner provided by law. Any interest earned or capital gain realized on
16 the monies so deposited shall accrue to and become part of such trust
17 fund; or
18 (ii) paid to another local government within the county within which
19 the local government paying such monies is located, pursuant to an
20 intermunicipal agreement, to be kept in trust and separate and apart
21 from all other monies of such other local government, for the specific
22 purpose of constructing affordable workforce housing, acquiring land for
23 the purpose of providing affordable workforce housing or rehabilitating
24 structures for the purpose of providing affordable workforce housing
25 within such other local government. Pending expenditures from such trust
26 fund, monies therein may be invested in the manner provided by law. Any
27 interest earned or capital gain realized on the monies so deposited
28 shall accrue to and become part of such trust fund; or
29 (iii) paid into a single trust fund under the control of the Long
30 Island Housing Partnership, or another not-for-profit corporation
31 created for the purpose of creating affordable workforce housing desig-
32 nated by the local government, to be kept in trust and separate and
33 apart from all other monies of such partnership, or other such not-for-
34 profit corporation, fifty percent of which shall be used for the specif-
35 ic purpose of constructing affordable workforce housing, acquiring land
36 for the purpose of providing affordable workforce housing or rehabili-
37 tating structures for the purpose of providing affordable workforce
38 housing within the county within which the local government paying such
39 monies is located. The remaining fifty percent of such funds shall be
40 used to provide downpayment assistance to eligible homebuyers who quali-
41 fy for the existing employer assistance housing benefit program adminis-
42 tered by such partnership, or other such not-for-profit corporation. The
43 downpayment assistance funds shall be secured by a note and mortgage on
44 the property purchased with such funds and shall be fully repaid to the
45 fund by the recipient upon the sale or refinancing of the aforementioned
46 property.
47 2. The provisions of this article shall not apply [when an applicant
48 elects] to a development where the local government approves a lesser
49 percentage than the maximum allowable residential density, or floor area
50 ratio if part of a mixed-use development, under the applicable zoning
51 ordinance and comprehensive plan in effect as of the date of the appli-
52 cation by the applicant to the local government.
53 3. Local governments shall ensure that all affordable housing units
54 created pursuant to this article remain affordable. Subsequent purchas-
55 ers of such units shall have at the time of purchase, pursuant to the
56 definition of "affordable workforce housing", an income at or below one
A. 4964 3
1 hundred thirty percent of the median income for the Nassau-Suffolk
2 primary statistical area as defined by the federal Department of Housing
3 and Urban Development.
4 4. Within six months of the establishment of a trust fund as set forth
5 in subparagraphs (i) and (ii) of paragraph (c) of subdivision one of
6 this section, the local government shall issue guidelines and policies
7 which shall govern the expenditure of trust fund monies. Any monies that
8 are not expended by the local government three years from the date of
9 such monies being collected shall be paid into a single trust fund under
10 the control of the Long Island Housing Partnership, as set forth in
11 subparagraph (iii) of paragraph (c) of subdivision one of this section.
12 5. A local government may enter into intermunicipal agreements with
13 any local government within the same county to meet the purposes of this
14 article.
15 § 2. Section 699-c of the general municipal law, as added by chapter
16 444 of the laws of 2008, is amended to read as follows:
17 § 699-c. Mortgage counseling for the Long Island workforce housing
18 program. Persons purchasing affordable workforce housing created pursu-
19 ant to this article, or who receive downpayment assistance pursuant to
20 this article, must attend homebuyer education and mortgage counseling
21 provided free of charge through the Long Island Housing Partnership, or
22 another not-for-profit corporation created for the purpose of creating
23 affordable workforce housing designated by a local government.
24 § 3. The general municipal law is amended by adding a new section
25 699-d to read as follows:
26 § 699-d. Construal. The provisions of this article shall be construed
27 as the minimum requirements for local governments regarding the
28 provision of affordable workforce housing. Nothing herein shall be
29 construed as limiting the authority of a local government to enact local
30 laws which exceed the requirements of this article with regard to the
31 provision of affordable workforce housing.
32 § 4. This act shall take effect immediately.
