NY State Assembly Bill 2009-A10675

Assembly Bill A10675

2009-2010 Legislative Session

Authorizes municipalities to sell certain municipally owned dwellings to low/moderate income persons for nominal consideration

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2010	held for consideration in housing
Apr 14, 2010	referred to housing

co-Sponsors

2009-A10675 (ACTIVE) - Details

Current Committee:: Assembly Housing
Law Section:: Private Housing Finance Law
Laws Affected:: Add Art VIII-C §§480 & 481, Priv Hous Fin L
Versions Introduced in 2011-2012 Legislative Session:: A328

2009-A10675 (ACTIVE) - Summary

Authorizes municipalities to sell municipally owned 1-4 family residential dwellings requiring rehabilitation to persons of low and moderate income who are first-time homebuyers, for nominal consideration; defines "persons and families of low and moderate income" as persons and families who are determined by the municipality to be in the low and moderate income groups and who cannot afford to pay enough to cause private enterprise in the municipality to build a sufficient supply of adequate, safe and sanitary dwellings.

2009-A10675 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10675

TITLE OF BILL:  An act to amend the private housing finance law, in
relation to enacting the state homesteading act

PURPOSE OR GENERAL IDEA OF BILL: To authorize any municipality to sell
residential dwellings that require rehabilitation for nominal consider-
ation to low and moderate income persons who are first-time homebuyers.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new Article 3-C to the
Private Housing Finance Law to authorize any city, town, village, or
county to sell unoccupied municipally-owned one- to four-family residen-
tial dwellings that require rehabilitation to persons and families of
low and moderate income, who are first-time homebuyers, for nominal
consideration. It defines "persons and families of low and moderate
income" as persons and families who are determined by the municipality
to be in the low and moderate income groups and who cannot afford to pay
enough to cause private enterprise in their municipality to build a
sufficient supply of adequate, safe, and sanitary dwellings. The bill
further provides that any contract between the municipality and the
eligible purchaser must provide that all closing costs be paid by the
purchaser and that the purchaser occupy the residential dwelling within
60 days of the title closing or of the completion of the repair or reha-
bilitation work. In addition, after the contract has been executed by
the municipality and the purchaser, the municipality is authorized to
provide the purchaser with technical assistance concerning rehabili-

tation planning and home repair, financing, the mortgage application
process, and property management. As part of any such assistance, the
municipality would have to advise the purchaser as to the availability
of any financing directly through the municipality or through state and
federal agencies.

EFFECTS OF PRESENT LAW WHICH. THIS BILL WOULD ALTER:  Adds a new Article
8-C to the Private Housing Finance Law.

JUSTIFICATION: Many municipalities throughout the State contain older
homes which have fallen into disrepair and which have been foreclosed
upon by a municipality for non-payment of taxes. This housing stock
represents a potential source of housing for many low and moderate
income homebuyers who are willing to undertake rehabilitation or repair
work. Thus, this bill authorizes any city, town, village, or county to
sell unoccupied residential property that is owned by the municipality
to low and moderate income persons and families who are first-time home-
buyers. Not only will the legislation help encourage increased homeown-
ership opportunities, but it can also lend to the increased rehabili-
tation of many deteriorated homes throughout the State.

PRIOR LEGISLATIVE HISTORY: A.5180 of 2004. A.10013 of 2006. A.05692 of
2008. A.3798 of 2009

FISCAL: None.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A10675 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10675

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Housing

AN ACT to amend the private housing finance law, in relation to enacting
  the state homesteading act

  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 8-C to read as follows:
                              ARTICLE VIII-C
                         STATE HOMESTEADING ACT
SECTION 480. DEFINITIONS.
        481. STATE HOMESTEADING.
  S 480. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PERSONS AND FAMILIES  OF  LOW  AND  MODERATE  INCOME"  SHALL  MEAN
PERSONS AND FAMILIES WHO ARE DETERMINED BY THE MUNICIPALITY TO BE IN THE
LOW  AND  MODERATE  INCOME GROUPS AND WHO CANNOT AFFORD TO PAY ENOUGH TO
CAUSE PRIVATE ENTERPRISE IN THEIR MUNICIPALITY  TO  BUILD  A  SUFFICIENT
SUPPLY OF ADEQUATE, SAFE AND SANITARY DWELLINGS.
  2. "MUNICIPALITY" SHALL MEAN ANY CITY, TOWN, VILLAGE OR COUNTY.
  3. "REHABILITATION" SHALL MEAN REPAIRS, ALTERATIONS OR IMPROVEMENTS OF
A HOUSING ACCOMMODATION DESIGNED TO RAISE THE HOUSING STANDARDS THEREIN.
  S 481. STATE HOMESTEADING. 1. NOTWITHSTANDING ANY GENERAL, SPECIAL, OR
LOCAL  LAW, A MUNICIPALITY IS HEREBY AUTHORIZED TO SELL UNOCCUPIED MUNI-
CIPALLY OWNED ONE- TO FOUR-FAMILY  RESIDENTIAL  DWELLINGS  THAT  REQUIRE
REHABILITATION  TO  PERSONS AND FAMILIES OF LOW AND MODERATE INCOME, WHO
ARE FIRST-TIME HOMEBUYERS, FOR NOMINAL CONSIDERATION.
  2. ANY CONTRACT BETWEEN THE MUNICIPALITY  AND  AN  ELIGIBLE  PURCHASER
MUST  PROVIDE  THAT  ALL CLOSING COSTS BE PAID BY THE PURCHASER AND THAT
THE PURCHASER OCCUPY THE RESIDENTIAL DWELLING WITHIN SIXTY DAYS  OF  THE
TITLE CLOSING OR OF THE COMPLETION OF THE REPAIR OR REHABILITATION WORK.
  3.  AFTER  THE  CONTRACT HAS BEEN EXECUTED BY THE MUNICIPALITY AND THE
PURCHASER, THE MUNICIPALITY, IN ITS DISCRETION, MAY PROVIDE THE PURCHAS-
ER WITH TECHNICAL ASSISTANCE CONCERNING REHABILITATION PLANNING AND HOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01602-01-9

A. 10675                            2

REPAIR,  FINANCING,  THE  MORTGAGE  APPLICATION  PROCESS,  AND  PROPERTY
MANAGEMENT. AS PART OF ANY SUCH ASSISTANCE, THE MUNICIPALITY MUST ADVISE
THE  PURCHASER  AS TO THE AVAILABILITY OF ANY FINANCING DIRECTLY THROUGH
THE MUNICIPALITY OR THROUGH STATE AND FEDERAL AGENCIES.
  S 2. This act shall take effect immediately.

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Assembly Bill A10675

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