STATE OF NEW YORK
________________________________________________________________________
5877
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Banks
AN ACT to amend the real property law, the banking law, the insurance
law, the public authorities law, the tax law, and the social services
law, in relation to reverse mortgage loans; and to repeal section
280-a of the real property law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 280 of the real property law, as added by chapter
2 613 of the laws of 1993, paragraph (f) of subdivision 1 as amended by
3 chapter 155 of the laws of 2012, subdivision 5 as amended by chapter 33
4 of the laws of 1996, and paragraph (d) of subdivision 1, paragraphs (a),
5 (b), and (i), and the opening paragraph and subparagraph (v) of para-
6 graph (e) of subdivision 2, paragraph (b) of subdivision 3, and subdivi-
7 sions 4, 8, and 9 as further amended by section 104 of part A of chapter
8 62 of the laws of 2011, is amended to read as follows:
9 § 280. Reverse mortgage loans for persons [sixty] sixty-two years of
10 age or older. 1. For purposes of this section the following terms shall
11 have the following meanings:
12 (a) Reverse mortgage loans. A loan which is secured by a first mort-
13 gage on real property improved by a one- to four-family residence, coop-
14 erative apartment, life estate, trust, leasehold or condominium that is
15 the residence of the [mortgagor(s)] borrower or borrowers the proceeds
16 of which are advanced to the [mortgagor(s)] borrower or borrowers during
17 the term of the loan using any one or more method of payments in equal
18 monthly installments using tenure or term payments, in advances through
19 a line of credit or otherwise, in lump sums, or through a combination
20 thereof using a modified tenure or modified term payments. A reverse
21 mortgage loan may be FHA insured (HECM) pursuant to subdivision four of
22 this section or a non FHA insured loan (proprietary).
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02974-01-3
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1 (b) [Term reverse mortgage loan. Any reverse mortgage loan that has a
2 fixed term to maturity.
3 (c) Tenure reverse mortgage loan. Any reverse mortgage loan that does
4 not have a fixed term to maturity, but rather] Reverse mortgage maturi-
5 ty. A reverse mortgage matures solely upon contingent events, such as
6 events including but not limited to death [or] of the surviving borrow-
7 er, the real property securing the loan no longer being the [mortga-
8 gors'] borrowers' principal residence or the subject property being
9 sold.
10 [(d)] (c) Authorized lender. Any bank, trust company, national banking
11 association, savings bank, savings and loan association, federal savings
12 bank, federal savings and loan association, credit union, or federal
13 credit union or any licensed mortgage banker approved for the making of
14 reverse mortgage loans by the superintendent of financial services or
15 any entity exempted from licensing pursuant to section five hundred
16 ninety of the banking law and approved for the making of reverse mort-
17 gage loans by the superintendent of financial services.
18 [(e) Mortgagor.] (d) Borrower. A tenant in severalty who is [sixty]
19 sixty-two years of age or older, or if the real property is held by
20 tenants by the entirety or by joint tenancy, the youngest of which is
21 [sixty] sixty-two years of age or older and signs the loan application.
22 However, a party with a remainder interest who has not signed the appli-
23 cation but signs the mortgage, signs the mortgage as an accommodation
24 and not as a borrower as defined in this section.
25 [(f)] (e) Superintendent of financial services. The superintendent
26 established pursuant to section two hundred two of the financial
27 services law.
28 (f) Mortgagor. Mortgagor is one who signs the mortgage as a borrower
29 or as a non-borrower when one holds a remainder interest, or signs as a
30 trustee.
31 (g) Home equity conversion mortgage (HECM). The FHA reverse mortgage
32 loan under the department of housing and urban development.
33 (h) Tenure payment. Equal monthly payments are made by the lender to
34 the borrower or borrowers as long as property remains the principal
35 residence unless the loan becomes due pursuant to paragraph (c) of this
36 subdivision.
37 (i) Term payment. Equal monthly payments are made by the lender to the
38 borrower or borrowers for a fixed term of months chosen by the borrower,
39 unless the loan becomes due pursuant to paragraph (c) of this subdivi-
40 sion.
41 (j) Line of credit. Payments are made by the lender to the borrower at
42 times and in amounts determined by the borrower or borrowers, as long as
43 the property remains principal residence, unless the loan becomes due
44 pursuant to paragraph (c) of this subdivision.
45 (k) Modified tenure. A tenure plan combined with a line of credit
46 feature.
47 (l) Modified term. A term plan combined with a line of credit feature.
48 (m) Full draw. All available funds are taken in a one-time single
49 payment.
50 (n) Partial draw. A portion of the available funds are taken in a
51 single payment.
52 (o) Principal residence. The dwelling where the borrower maintains a
53 permanent place of abode and typically spends a majority of calendar
54 year. The property shall be considered to be the principal residence of
55 any borrower who is temporarily or permanently in a health care institu-
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1 tion as long as the property is the principal residence of at least one
2 other borrower who is not in a health care institution.
3 (p) Proprietary reverse mortgage. A non FHA insured loan.
4 (q) Counselor. Shall be an individual who has met all testing and
5 education requirements of the department of housing and urban develop-
6 ment and is included in the HUD approved roster, as long as said roster
7 shall be maintained.
8 (r) Counseling protocol. Each counselor shall follow HUD's detailed
9 counseling protocol, as updated and amended from time to time. The coun-
10 seling protocol for all reverse mortgage loans, shall include among
11 other things a discussion of: client needs and circumstances; features
12 of a reverse mortgage loan; borrower responsibility under a reverse
13 mortgage loan; costs to obtain a reverse mortgage; financial and tax
14 implications; alternatives to a reverse mortgage loan; elder abuse
15 issues and warnings about potential reverse mortgage insurance fraud
16 schemes. As long as required by HUD, the certificate can be withheld if
17 the borrower is unable to answer five out of ten questions about reverse
18 mortgage basics, after an explanation of the concept has been stated by
19 the counselor. The counseling protocol can be delivered face to face or
20 over the phone, at the sole option of the borrower.
21 (s) Counseling certificate. The counselor shall issue a counseling
22 certificate upon the completion of the session by either hand delivery
23 or through the postal service. Among other things, the certificate shall
24 contain the original signature of the counselor; counselor's ID number,
25 and the length of time of the session.
26 2. A reverse mortgage loan pursuant to this section shall be subject
27 to the following:
28 (a) [the loan to value ratio shall be determined by the superintendent
29 of financial services; and
30 (b) subject to] such rules or regulations as the superintendent of
31 financial services shall adopt, any authorized lender or any successor
32 or assign of such authorized lender which suspends, ceases or makes late
33 payments to a [mortgagor] borrower under a reverse mortgage loan shall
34 be subject to forfeiture (as liquidated damages to such [mortgagor]
35 borrower and not as a penalty) of twice the interest which would other-
36 wise have been earned during the period in which payments were
37 suspended, ceased or made late, provided that said authorized lender or
38 any successor or assign of such authorized lender shall have the right
39 to make payments pursuant to said loan agreement within fifteen days of
40 each payment date, without penalty; and
41 [(c)] (b) the outstanding balance may be prepaid [in full] by the
42 [mortgagor] borrower without penalty at any time [during the term and/or
43 tenure of the loan]; provided, however, if said outstanding balance is
44 paid in full, the loan will be deemed satisfied and no longer be in
45 effect; and
46 [(d)] (c) an authorized lender is prohibited from using or attaching
47 any property or asset of the [mortgagor] borrower except the real prop-
48 erty, including a cooperative apartment, securing the reverse mortgage
49 loan in settlement of a reverse mortgage obligation; and
50 [(e)] (d) the authorized lender must deliver to [an applicant] a
51 borrower such disclosures as may be required by the superintendent of
52 financial services which shall describe the relevant portions of the
53 reverse mortgage being offered, and shall include but not be limited to
54 the following items:
55 (i) [except for a tenure reverse mortgage loan, a schedule of payments
56 to and from the mortgagor and the total payments in dollars over the
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1 term of the reverse mortgage loan for both the mortgagor and mortgagee
2 depending on the type of reverse mortgage loan being offered;
3 (ii)] a statement prominently displayed advising [applicants] borrow-
4 ers to consult with appropriate authorities regarding tax and estate
5 planning consequences of a reverse mortgage;
6 [(iii)] (ii) where applicable a description of prepayment and refi-
7 nancing features;
8 [(iv)] (iii) the interest rate and, except for a tenure reverse mort-
9 gage loan, the total interest payable on the loan;
10 [(v)] (iv) a statement concerning the compliance of the lender with
11 the criteria established by the superintendent of financial services
12 that an authorized lender must meet before it may make reverse mortgage
13 loans pursuant to this section; and
14 [(vi)] (v) a statement setting forth those events which would termi-
15 nate the reverse mortgage loan; and
16 [(f)] (e) in the event that an authorized lender or holder of the
17 reverse mortgage loan intends to initiate foreclosure proceedings the
18 [mortgagor] borrower shall have the right to designate a third party who
19 shall be notified. In the event that the mortgagor has not designated a
20 third party to receive such notice of foreclosure, then the authorized
21 lender or the holder of said reverse mortgage loan shall notify the
22 local or county office for the aging of its intent to commence foreclo-
23 sure proceedings. Such entity shall take appropriate action to protect
24 the interests of the [mortgagor] borrower; and
25 [(g)] (f) for all reverse mortgage loans an authorized lender must
26 deliver to the [applicant] borrower, upon application, if available, a
27 statement prepared by the local or county office for the aging on the
28 [advisability and] availability of independent counseling [and informa-
29 tion services]. Further, no reverse mortgage [commitment shall be issued
30 by an authorized lender] processing of this loan shall begin until the
31 [applicant presents, in writing, a statement that the terms of the
32 reverse mortgage loan have been explained by an attorney, a housing and
33 urban development certified counselor or any other counseling service as
34 indicated on the statement supplied by the county or local office for
35 the aging or a signed affidavit indicating that the applicant, although
36 made aware of the importance of counseling and its local availability
37 through the provision of such information by the authorized lender,
38 chooses not to utilize any of the aforementioned available services. The
39 form of such statement and affidavit shall be developed by the New York
40 state office for the aging] borrower provides to an authorized lender or
41 broker the original counseling certificate allowed under the Federal
42 Housing Administration (FHA) or other programs approved by the super-
43 intendent of financial services in consultation with the state office
44 for the aging; and
45 [(h)] (g) any such reverse mortgage shall expressly and conspicuously
46 bear a legend identifying it as such; and
47 [(i)] (h) subject to such rules or regulations as the superintendent
48 of financial services may adopt, a reverse mortgage loan shall be made
49 at either a fixed or variable rate of interest.
50 (i) The processing of a reverse mortgage shall include the ordering of
51 an appraisal, a title search and a credit report or an FHA case number,
52 when applicable. A reverse mortgage loan cannot be processed, nor shall
53 a borrower incur any processing expense until the borrower completes the
54 required counseling. The processing of a reverse mortgage loan may only
55 proceed once the counseling is complete, as evidenced by the signed and
56 dated counseling certificate.
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1 3. A reverse mortgage loan pursuant to this section may:
2 (a) provide that the [mortgagor's] borrower's closing costs, including
3 but not limited to loan or commitment fees, if any, insurance premiums,
4 house repairs, legal fees, [the cost of annuities,] the costs of third-
5 party counseling, the costs of existing mortgages or liens, and other
6 appropriate costs be included in the principal of the reverse mortgage
7 loan and disbursed out of the loan proceeds at closing;
8 (b) provide for the maintenance of an escrow account by the authorized
9 lender for purposes of payment of real property taxes, insurance on the
10 property securing the loan, or any other fees and expenses as may be
11 permitted by superintendent of financial services regulation;
12 (c) provide that an authorized lender may, consistent with federal
13 laws and regulations, include a due-on-sale clause in its reverse mort-
14 gage loan agreement and at its option exercise and enforce such clause
15 in accordance with its terms.
16 (d) The borrower shall not be required by an authorized lender or
17 broker to purchase an insurance or annuity product as a requirement or
18 condition of eligibility except for title insurance, hazard insurance,
19 flood or other peril insurance or other such product that are customary
20 and normal to the transaction.
21 4. The superintendent of financial services shall adopt those rules or
22 regulations as it considers appropriate to govern reverse mortgage loans
23 made pursuant to this section. No reverse mortgage loan shall be made
24 unless it conforms to the requirements of this section and such rules
25 and regulations as the superintendent of financial services may adopt
26 [except those reverse mortgage loans made pursuant to section two
27 hundred eighty-a of this article]. A reverse mortgage loan made by any
28 authorized lender, national banking association, federal savings and
29 loan association or federal credit union in conformity with applicable
30 federal laws and regulations specifically regulating reverse mortgage
31 loans shall be deemed to conform to the requirements of this section
32 unless such reverse mortgage loan fails to conform to such rules and
33 regulations as the superintendent of financial services has expressly
34 declared to be neither preempted by, nor otherwise inconsistent with
35 such federal laws or regulations. Those rules or regulations shall
36 include, but are not limited to, the form and contents of any disclosure
37 statement, with the exception of the counseling statement prepared by
38 the New York state office for the aging pursuant to paragraph [(g)] (f)
39 of subdivision two of this section, that authorized lenders must provide
40 to [mortgagors] borrowers.
41 5. Notwithstanding any inconsistent provision of law, the priority of
42 the lien of a reverse mortgage, including the lien for all principal,
43 interest, fees, costs, shared appreciation and other charges assessed in
44 connection with the reverse mortgage, shall date from the recording of
45 the reverse mortgage irrespective of the date of any advance of reverse
46 mortgage loan proceeds or the date by which an authorized lender shall
47 be entitled to shared appreciation or accrued but unpaid interest, fees,
48 costs or other charges.
49 6. Nothing in this section shall be construed to limit, impair or
50 otherwise affect the priority under applicable law of any other mort-
51 gage, deed of trust, encumbrance or lien which was recorded or filed
52 prior to the effective date of this section.
53 7. The sale or transfer of the real property securing the reverse
54 mortgage loan [to a person other than an original mortgagor or mortga-
55 gors] shall result in the termination of the loan.
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1 8. [In a term reverse mortgage loan, the real property securing the
2 reverse mortgage loan may be reappraised by an independent appraiser at
3 the end of the loan term. If the value of the real property has appreci-
4 ated, the term of the reverse mortgage may be extended or refinanced,
5 however, the total reverse mortgage loan amount may not exceed such
6 amount or ratio as may be determined by the superintendent of financial
7 services. The refinancing of the reverse mortgage loan shall be provided
8 by the original authorized lender or by any other authorized lender
9 designated by the mortgagee.
10 9. The principal, including any accrued but unpaid interest, of a
11 reverse mortgage loan agreement entered into pursuant to this section
12 may be insured by the mortgagor. If such insurance is purchased from or
13 otherwise provided by any agency of the state of New York the mortgagor
14 shall be granted the right, for a term reverse mortgage loan, to refi-
15 nance or extend the reverse mortgage loan at the end of the term,
16 subject to such rules or regulations as the superintendent of financial
17 services may adopt. The authorized lender shall have the option to
18 choose between refinancing or extending the reverse mortgage loan.
19 Subject to obtaining an adequate increase in the insurance and subject
20 to such rules and regulations as the superintendent of financial
21 services may adopt, the total reverse mortgage loan amount shall not
22 exceed such amount or loan to value ratio as may be determined by the
23 superintendent of financial services. The refinancing of the reverse
24 mortgage loan shall be provided by the original authorized lender or by
25 any other authorized lender designated by the mortgagee.
26 10. Any authorized lender offering reverse mortgage loans pursuant to
27 this section shall also offer reverse mortgage loans pursuant to section
28 two hundred eighty-a of this article. Subject to this section in the
29 event that an authorized lender makes reverse mortgage loans under this
30 section then that lender must make an equal number of reverse mortgage
31 loans pursuant to section two hundred eighty-a of this article. Such
32 loans shall be made to individuals who meet the requirements promulgated
33 in section two hundred eighty-a of this article provided that such indi-
34 vidual seeking the loan would otherwise qualify and be approved for that
35 loan. In the event that no or insufficient applications for reverse
36 mortgage loans pursuant to section two hundred eighty-a of this article
37 are made to a lender who has previously made reverse mortgage loans
38 pursuant to this section then there shall be no requirement for that
39 lender to make a reverse mortgage loan pursuant to section two hundred
40 eighty-a of this article. It shall also not be a requirement that an
41 authorized lender make any reverse mortgage loan to any individual who
42 would not qualify for such loan and/or would not otherwise be approved
43 for such loan.
44 11.] Nothing contained in this section, section six-h of the banking
45 law or any other provision of law shall be construed to prohibit a bank-
46 ing organization or licensed mortgage banker from providing reverse
47 mortgages to homeowners in this state under the federal housing adminis-
48 tration's home equity conversion mortgage insurance demonstration
49 program.
50 § 2. Section 280-a of the real property law is REPEALED.
51 § 3. Subdivision 1 of section 281 of the real property law, as amended
52 by chapter 613 of the laws of 1993, paragraph (a) as amended by chapter
53 183 of the laws of 1999, paragraph (b) as further amended by section 104
54 of part A of chapter 62 of the laws of 2011, is amended to read as
55 follows:
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1 1. (a) For the purposes of this section, a "credit line mortgage"
2 shall mean any mortgage or deed of trust, other than a mortgage or deed
3 of trust made pursuant to a building loan contract as defined in subdi-
4 vision thirteen of section two of the lien law, which states that it
5 secures indebtedness under a note, credit agreement or other financing
6 agreement that reflects the fact that the parties reasonably contemplate
7 entering into a series of advances, payments and readvances, and that
8 limits the aggregate amount at any time outstanding to a maximum amount
9 specified in such mortgage or deed of trust. For purposes of this
10 section, "credit line mortgage" shall include a reverse mortgage loan as
11 defined in [sections] section two hundred eighty [and two hundred eight-
12 y-a] of this article except that such a credit line mortgage of the
13 reverse mortgage loan type shall not be subject to the twenty year limi-
14 tation set forth in subdivision two of this section.
15 (b) Payments made by an authorized lender pursuant to any credit line
16 reverse mortgage made in accordance with section two hundred [eighty-a]
17 eighty of this article during any one year shall be limited to such
18 amount or ratio as may be determined by the superintendent of financial
19 services. [In the event that a borrower does not take payment under
20 such credit line during the course of any year then that borrower shall
21 have the ability to increase the yearly payments by that amount avail-
22 able but not borrowed during previous years.]
23 § 4. The opening paragraph of section 6-h of the banking law, as
24 amended by chapter 613 of the laws of 1993, and as further amended by
25 section 104 of part A of chapter 62 of the laws of 2011, is amended to
26 read as follows:
27 Notwithstanding any inconsistent provision of law, in addition to any
28 other power exercised by it, every authorized lender, as defined by
29 section two hundred eighty [or two hundred eighty-a] of the real proper-
30 ty law, shall have the power to offer reverse mortgage loans (1) which
31 conform to the provisions of section two hundred eighty [or two hundred
32 eighty-a] of the real property law and the rules and regulations promul-
33 gated by the superintendent of financial services; or (2) which conform
34 to the requirements of the federal housing administration's home equity
35 conversion mortgage insurance [demonstration] program for as long as
36 such program exists as provided for in section 1715Z-20 of title 12 of
37 the United States Code. "Reverse mortgage" shall mean the mortgage,
38 deed of trust or other security instrument relating to a particular
39 reverse mortgage loan transaction.
40 § 5. Paragraph (s) of subdivision 1 of section 14 of the banking law,
41 as amended by section 90 of part A of chapter 62 of the laws of 2011, is
42 amended to read as follows:
43 (s) To permit authorized lenders, as defined by section two hundred
44 eighty [or two hundred eighty-a] of the real property law, to offer
45 reverse mortgage loans which shall conform to the provisions of section
46 two hundred eighty [or two hundred eighty-a] of the real property law.
47 § 6. The opening paragraph of paragraph 1 of subsection (c) of section
48 6501 of the insurance law, as amended by chapter 555 of the laws of
49 2003, is amended to read as follows:
50 an amortized instrument of indebtedness evidencing a loan secured by a
51 first lien on real estate which at the time the loan is made is not less
52 than eighty percent but not more than one hundred three percent of the
53 fair market value of the real estate with any percentage in excess of
54 one hundred percent being used to finance the fees and closing costs on
55 such indebtedness, except, however, for reverse mortgage loans made
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1 pursuant to [sections] section two hundred eighty [and two hundred
2 eighty-a] of the real property law; provided that:
3 § 7. Subdivision 16 of section 2426 of the public authorities law, as
4 added by chapter 613 of the laws of 1993, is amended to read as follows:
5 16. Reverse mortgage. A reverse mortgage loan pursuant to section two
6 hundred eighty [or two hundred eighty-a] of the real property law shall
7 mean a loan which is secured by a first mortgage on real property
8 improved by a one to four-family residence or condominium or cooperative
9 apartment that is the residence of the [mortgagor] borrower, the
10 proceeds of which are advanced to the mortgagor during the loan term in
11 equal installments, in advances through a line of credit or otherwise,
12 in lump sums, or through a combination thereof. A reverse mortgage may
13 be structured to provide for the addition of accrued but unpaid interest
14 to principal, and mortgage insurance premium in the amount of one and
15 one-quarter percent of the outstanding balance remaining or such other
16 amount as may be required by the Federal Department of Housing and Urban
17 Development. Such reverse mortgage loan may provide for an initial lump-
18 sum advance wherein the mortgagor may receive an amount necessary to pay
19 closing costs, including but not limited to loan or commitment fees, if
20 any, insurance premiums, the cost of house repairs, legal fees, [the
21 cost of annuities,] the costs of third party counseling, the amount
22 necessary to pay off existing mortgages or liens, and other appropriate
23 costs.
24 § 8. Paragraph (b) of subdivision 3-b of section 2428 of the public
25 authorities law, as added by chapter 613 of the laws of 1993, and as
26 further amended by section 104 of part A of chapter 62 of the laws of
27 2011, is amended to read as follows:
28 (b) the reverse mortgage loan is issued pursuant to section two
29 hundred eighty [or two hundred eighty-a] of the real property law;
30 § 9. Subdivision 2 of section 252-a of the tax law, as amended by
31 chapter 613 of the laws of 1993, is amended to read as follows:
32 2. Reverse mortgages conforming to the provisions of section two
33 hundred eighty [or two hundred eighty-a] of the real property law secur-
34 ing obligations of mortgagors or exempted therefrom pursuant to subdivi-
35 sion four of section two hundred eighty [or subdivision four of section
36 two hundred eighty-a] of the real property law shall be exempt from any
37 tax or fee imposed by this article. In each case where an exemption is
38 claimed under this subdivision, the lender shall provide documentation
39 in a format approved by the commissioner [of taxation and finance] to
40 enable recording officers to affirmatively determine when a mortgage
41 being presented for recording is a reverse mortgage conforming to such
42 provisions of the real property law and entitled to an exemption under
43 this subdivision. Where such documentation is not furnished, the maximum
44 principal debt or obligation which shall be the measure of the tax
45 imposed by and pursuant to the authority of this article in the case of
46 a reverse mortgage shall be the proceeds of the loan which the author-
47 ized lender is obligated to lend the borrower at the execution of such
48 mortgage or at any time thereafter but determined without regard to any
49 contingency relating to the addition of any unpaid interest to principal
50 or relating to any percentage of the future appreciation of the property
51 securing the loan as consideration or additional consideration for the
52 making of the loan. Provided, however, if subsequent to the recording of
53 such mortgage, the proceeds which the authorized lender is obligated to
54 lend the borrower are increased at any time, such new or further indebt-
55 edness or obligation shall be the measure of the tax at such time unless
A. 5877 9
1 at that time an exemption is applicable under the first sentence of this
2 subdivision or otherwise.
3 § 10. Section 131-x of the social services law, as amended by section
4 73 of part B of chapter 436 of the laws of 1997, is amended to read as
5 follows:
6 § 131-x. Reverse mortgage loans. Notwithstanding any other incon-
7 sistent provisions of law and to the extent permissible under federal
8 law, regulation or waiver, the proceeds of a reverse mortgage loan made
9 in conformity with the requirements of section two hundred eighty [or
10 two hundred eighty-a] of the real property law or exempted therefrom
11 pursuant to subdivision four of section two hundred eighty [or subdivi-
12 sion four of section two hundred eighty-a] of the real property law
13 shall not be considered as income or resources of the mortgagor for any
14 purpose under any law relating to food stamps, public assistance, veter-
15 an assistance, safety net assistance, low-income home energy assistance,
16 federal supplemental security income benefits and/or additional state
17 payments, medical assistance, any prescription drug plan or other
18 payments, allowances, benefits or services available pursuant to this
19 chapter; provided, however, that for applicants or for recipients of
20 safety net assistance, any such reverse mortgage loan proceeds shall be
21 disregarded as income and/or resources only in the event that, and for
22 so long as, federal laws and regulations exempt loan proceeds in the
23 determination of eligibility for both the aid to families with dependent
24 children and supplemental security income programs.
25 § 11. This act shall take effect immediately.