Bill Text: NY S01378 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the mobile and manufactured home replacement program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-01-24 - PRINT NUMBER 1378A [S01378 Detail]
Download: New_York-2017-S01378-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1378--A 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sens. LITTLE, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 29 to read as follows: 3 ARTICLE XXIX 4 MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM 5 Section 1260. Statement of legislative findings and purpose. 6 1261. Definitions. 7 1262. Mobile and manufactured home replacement contracts. 8 § 1260. 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. LBD00666-02-8S. 1378--A 2 1 § 1261. 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 § 1262. 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 five hundred thou- 56 sand dollars and the contract shall provide for completion of theS. 1378--A 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 seven and one-half percent of the 8 contract amount for approved planning and administrative costs associ- 9 ated with administering 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 one 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.
