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

                                  4081

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. HAWLEY, KOLB, ERRIGO, WALKER, TOBACCO, McKEVITT
  -- Multi-Sponsored by -- M. of  A.  BARCLAY,  CONTE,  CORWIN,  JORDAN,
  SAYWARD, TOWNSEND, WEISENBERG -- read once and referred to the Commit-
  tee on Housing

AN ACT to amend the private housing finance law, in relation to creating
  a veteran's home and land ownership loan program

  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 19-A to read as follows:
                              ARTICLE XIX-A
                 VETERAN'S HOME AND LAND OWNERSHIP LOAN
SECTION 1115. LEGISLATIVE PURPOSE.
        1115-A. DEFINITIONS.
        1115-B. CREATION OF THE "VETERAN'S HOME AND LAND OWNERSHIP
                  LOAN FUND".
        1115-C. PURPOSE AND TERMS OF LOAN.
        1115-D. LOAN REPAYMENT.
        1115-E. ISSUANCE OF BONDS.
        1115-F. ADOPTION OF REGULATIONS.
  S 1115. LEGISLATIVE PURPOSE. IT IS HEREBY FOUND AND DECLARED THAT MANY
NEW  YORK RESIDENTS HAVE SERVED OUR NATION HONORABLY IN THE ARMED FORCES
OF THE UNITED STATES, AND THAT MANY SUCH  NEW  YORKERS  HAVE  SACRIFICED
CONSIDERABLY  DURING THEIR SERVICE. IT IS IN THE PUBLIC INTEREST BOTH TO
DEMONSTRATE OUR APPRECIATION FOR THAT SERVICE BY PROVIDING STATE  FINAN-
CIAL  ASSISTANCE  TO SUCH VETERANS; IN ORDER TO ENCOURAGE HOME OWNERSHIP
AND THE REHABILITATION OF DETERIORATING HOUSING,  STABILIZE  COMMUNITIES
AND IMPROVE THE LOCAL TAX BASE.
  S 1115-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01157-01-9

              

A. 4081                             2

  1.  "PERSON" MEANS AN HONORABLY DISCHARGED VETERAN OF THE ARMED FORCES
OF THE UNITED STATES, OR THEIR SURVIVING UNMARRIED SPOUSE.
  2.  "VETERAN" MEANS A PERSON WHO SERVED IN THE ACTIVE MILITARY, NAVAL,
OR AIR SERVICE DURING TIME OF WAR AS DEFINED BELOW, OR WHO WAS A RECIPI-
ENT OF THE ARMED FORCES EXPEDITIONARY MEDAL, NAVY  EXPEDITIONARY  MEDAL,
MARINE CORPS EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITION-
ARY  MEDAL, AND WHO WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE
CONDITIONS.
  3. "SERVICE DURING TIME OF WAR" MEANS:
  (A) THE INDIVIDUAL IN QUESTION WAS A RECIPIENT  OF  THE  ARMED  FORCES
EXPEDITIONARY  MEDAL,  THE  NAVY EXPEDITIONARY MEDAL OR THE MARINE CORPS
EXPEDITIONARY MEDAL FOR PARTICIPATION IN OPERATIONS IN LEBANON FROM JUNE
FIRST, NINETEEN HUNDRED EIGHTY-THREE TO DECEMBER FIRST, NINETEEN HUNDRED
EIGHTY-SEVEN, IN GRENADA FROM  OCTOBER  TWENTY-THIRD,  NINETEEN  HUNDRED
EIGHTY-THREE TO NOVEMBER TWENTY-FIRST, NINETEEN HUNDRED EIGHTY-THREE, OR
IN PANAMA FROM DECEMBER TWENTIETH, NINETEEN HUNDRED EIGHTY-NINE TO JANU-
ARY THIRTY-FIRST, NINETEEN HUNDRED NINETY, OR;
  (B)  THE  INDIVIDUAL  SERVED ON ACTIVE DUTY FOR NINETY DAYS OR MORE IN
THE ARMED FORCES OF THE UNITED STATES DURING ANY ONE  OF  THE  FOLLOWING
WARS OR HOSTILITIES:
  (I)  IN  WORLD  WAR  I  FROM  THE SIXTH DAY OF APRIL, NINETEEN HUNDRED
SEVENTEEN TO THE ELEVENTH DAY OF NOVEMBER,  NINETEEN  HUNDRED  EIGHTEEN,
INCLUSIVE;
  (II)  IN  WORLD  WAR  II  FROM  THE  SEVENTH DAY OF DECEMBER, NINETEEN
HUNDRED FORTY-ONE TO THE THIRTY-FIRST DAY OF DECEMBER, NINETEEN  HUNDRED
FORTY-SIX, INCLUSIVE;
  (III)  IN  THE KOREAN HOSTILITIES FROM THE TWENTY-SEVENTH DAY OF JUNE,
NINETEEN HUNDRED FIFTY TO THE  THIRTY-FIRST  DAY  OF  JANUARY,  NINETEEN
HUNDRED FIFTY-FIVE, INCLUSIVE;
  (IV)  IN  THE VIETNAM CONFLICT FROM THE TWENTY-SECOND DAY OF DECEMBER,
NINETEEN HUNDRED SIXTY-ONE TO THE SEVENTH DAY OF MAY,  NINETEEN  HUNDRED
SEVENTY-FIVE; OR
  (V)  IN THE PERSIAN GULF CONFLICT FROM THE SECOND DAY OF AUGUST, NINE-
TEEN HUNDRED NINETY TO THE END OF SUCH CONFLICT.
  4. "AGENCY" MEANS THE NEW YORK STATE HOUSING FINANCE AGENCY CREATED BY
SECTION FORTY-THREE OF THIS CHAPTER.
  S 1115-B. CREATION OF THE "VETERAN'S  HOME  AND  LAND  OWNERSHIP  LOAN
FUND".  THERE IS HEREBY ESTABLISHED A "VETERAN'S HOME AND LAND OWNERSHIP
LOAN  FUND".  SUCH  FUND  SHALL BE USED TO MAKE LOANS AUTHORIZED BY THIS
ARTICLE AND FOR EXPENSES INCURRED BY THE AGENCY IN THE IMPLEMENTATION OF
THE PROGRAM ESTABLISHED BY THIS ARTICLE.
  S 1115-C. PURPOSE AND TERMS OF LOAN. 1. THE AGENCY, ACTING  ON  BEHALF
OF THE STATE MAY IN ITS DISCRETION, ENTER INTO A CONTRACT WITH AN ELIGI-
BLE  PERSON TO PROVIDE A LOAN TO ASSIST IN THE PURCHASE OF A DWELLING OR
THE PURCHASE AND REHABILITATION OF A  DWELLING  CONTAINING  UP  TO  FOUR
RESIDENTIAL  UNITS, PROVIDED SUCH PERSON SHALL RESIDE IN AT LEAST ONE OF
SUCH UNITS. SUCH LOAN MAY ALSO BE MADE FOR THE  PURCHASE  OF  UNIMPROVED
REAL PROPERTY WHEN SUCH PROPERTY SHALL BE USED FOR THE CONSTRUCTION OF A
NEW DWELLING.
  2.  SUCH  LOAN  SHALL  NOT  EXCEED TWENTY PERCENT OF THE VALUE FOR THE
PURCHASE OF A HOME, OR FORTY THOUSAND DOLLARS FOR THE PURCHASE OF  UNIM-
PROVED REAL PROPERTY. SUCH VALUE SHALL BE DETERMINED FROM THE APPRAISAL,
IF  ANY, REQUIRED BY THE LENDING INSTITUTION GRANTING THE FIRST MORTGAGE
LOAN ON SUCH DWELLING, AND IF NO SUCH APPRAISAL HAS  BEEN  MADE  AT  THE
TIME  THAT A CONTRACT FOR LOAN IS ENTERED INTO PURSUANT TO THIS ARTICLE,
THE AGENCY SHALL CAUSE SUCH APPRAISAL TO BE MADE.

A. 4081                             3

  S 1115-D. LOAN REPAYMENT. 1. ANY LOAN CONTRACTED FOR PURSUANT TO  THIS
ARTICLE  SHALL  BE SECURED BY A SECOND MORTGAGE ON THE DWELLING OR UNIM-
PROVED REAL PROPERTY PURCHASED BY THE RECIPIENT  OF  SUCH  LOAN  IF  THE
RECIPIENT  OF  SUCH  LOAN ASSIGNS, TRANSFERS OR OTHERWISE CONVEYS HIS OR
HER  INTEREST  IN  SUCH  DWELLING OR CEASES TO OCCUPY SUCH DWELLING, THE
UNPAID PRINCIPAL BALANCE OF SAID SECOND MORTGAGE, TOGETHER WITH INTEREST
THEREON, SHALL BECOME DUE AND PAYABLE. IF THE RECIPIENT OF ANY  LOAN  IS
UNABLE  TO REPAY THE LOAN, THE AGENCY, AT ITS DISCRETION, MAY ADJUST THE
INTEREST RATE, TERMS AND CONDITIONS OF THE LOAN TO FACILITATE REPAYMENT.
  2. REPAYMENT OF ANY LOAN PROVIDED  IN  ACCORDANCE  WITH  THIS  ARTICLE
SHALL BE SUBJECT TO AN INTEREST RATE TO BE DETERMINED IN ACCORDANCE WITH
TERMS  AND  CONDITIONS AS THE AGENCY MAY ESTABLISH. IN NO CASE SHALL THE
TERM EXCEED THE TERM OF THE FIRST MORTGAGE OBTAINED FOR THE  PURPOSE  OF
PURCHASING  SUCH  DWELLING  EXCEPT,  IN  THE CASE OF A GRADUATED PAYMENT
MORTGAGE LOAN, THE TERM OF THE LOAN MADE PURSUANT TO  THIS  ARTICLE  MAY
EXCEED THE EXPECTED TERM OF SUCH MORTGAGE LOAN PROVIDED. THE TERM OF THE
LOAN MADE PURSUANT TO THIS ARTICLE DOES NOT EXCEED THE LESSER OF:
  (A)  THE  TERM  INDICATED  BY THE LIMITED AMORTIZATION SCHEDULE OF THE
GRADUATED PAYMENT MORTGAGE LOAN; OR
  (B) THIRTY YEARS. PAYMENTS BY HOMEOWNERS SHALL BE PAID TO  THE  AGENCY
AND DEPOSITED IN THE VETERAN'S HOME AND LAND OWNERSHIP LOAN FUND.
  S 1115-E. ISSUANCE OF BONDS. 1. THE AGENCY SHALL HAVE THE POWER AND IS
HEREBY  AUTHORIZED  FROM  TIME TO TIME TO ISSUE ITS NEGOTIABLE BONDS AND
NOTES IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL
CODE IN SUCH PRINCIPAL AMOUNTS AS, IN  THE  DISCRETION  OF  THE  AGENCY,
SHALL BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE, BUT NOT IN
EXCESS OF AN AGGREGATE AMOUNT OF TWENTY MILLION DOLLARS.
  2.  EXCEPT  AS  MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AGENCY, ALL
BONDS AND NOTES ISSUED SHALL BE PAYABLE OUT OF  ANY  MONEYS,  ASSETS  OR
REVENUES OF THE STATE, SUBJECT ONLY TO ANY AGREEMENT WITH BONDHOLDERS OR
NOTEHOLDERS PLEDGING ANY PARTICULAR MONEYS, ASSETS OR REVENUES.
  3.  BONDS AND NOTES SHALL BE AUTHORIZED BY A RESOLUTION OR RESOLUTIONS
OF THE AGENCY ADOPTED IN THE MANNER PROVIDED BY LAW.
  4. SUCH BONDS OR NOTES SHALL BEAR SUCH DATE OR DATES, SHALL MATURE  AT
SUCH  TIME OR TIMES, SHALL BEAR INTEREST AT SUCH RATE OR RATES, SHALL BE
OF SUCH DENOMINATIONS, SHALL BE IN SUCH FORM,  CARRY  SUCH  REGISTRATION
PRIVILEGES,  BE  EXECUTED  IN SUCH MANNER, BE PAYABLE IN LAWFUL MONEY OF
THE UNITED STATES OF AMERICA AT SUCH PLACE OR PLACES WITHIN  OR  WITHOUT
THE  STATE,  BE SUBJECT TO SUCH TERMS OF REDEMPTION PRIOR TO MATURITY AS
MAY BE PROVIDED BY SUCH RESOLUTION OR RESOLUTIONS  OR  SUCH  CERTIFICATE
WITH  RESPECT  TO  SUCH  BONDS  OR  NOTES, AS THE CASE MAY BE; PROVIDED,
HOWEVER, THAT THE MAXIMUM MATURITY OF  BONDS  SHALL  NOT  EXCEED  THIRTY
YEARS  FROM  THE  DATE  THEREOF AND THE MAXIMUM MATURITY OF NOTES OR ANY
RENEWALS THEREOF SHALL NOT EXCEED SEVEN  YEARS  FROM  THE  DATE  OF  THE
ORIGINAL ISSUE OF SUCH NOTES.
  5.  ANY  SUCH  BONDS  OR NOTES MAY BE SOLD AT SUCH PRICE OR PRICES, AT
PUBLIC OR PRIVATE SALE, IN SUCH MANNER AND FROM TIME TO TIME AS  MAY  BE
DETERMINED  BY THE AGENCY, AND THE AGENCY MAY PAY ALL EXPENSES, PREMIUMS
AND  COMMISSIONS  WHICH  IT  MAY  DEEM  NECESSARY  OR  ADVANTAGEOUS   IN
CONNECTION  WITH THE ISSUANCE AND SALE THEREOF. NO BONDS OR NOTES MAY BE
SOLD AT PRIVATE SALE, HOWEVER, UNLESS SUCH SALE  AND  THE  TERM  THEREOF
HAVE BEEN APPROVED IN WRITING BY:
  (A) THE COMPTROLLER, IF SUCH SALE IS NOT TO THE COMPTROLLER; OR
  (B)  THE  STATE  DIRECTOR  OF THE BUDGET, IF SUCH SALE IS TO THE COMP-
TROLLER.

A. 4081                             4

  6. THE AGENCY IS AUTHORIZED TO PROVIDE FOR THE ISSUANCE OF  ITS  BONDS
OR  NOTES  FOR  THE  PURPOSE  OF  REFUNDING ANY SUCH BONDS OR NOTES THEN
OUTSTANDING, INCLUDING THE PAYMENT OF ANY  REDEMPTION  PREMIUMS  THEREON
AND  ANY  INTEREST  ACCRUED  OR  TO  ACCRUE  TO THE REDEMPTION DATE NEXT
SUCCEEDING  THE  DATE  OF DELIVERY OF SUCH REFUNDING BONDS OR NOTES. THE
PROCEEDS OF ANY SUCH BONDS OR NOTES ISSUED FOR THE PURPOSE OF SO REFUND-
ING OUTSTANDING BONDS  OR  NOTES  SHALL  BE  FORTHWITH  APPLIED  TO  THE
PURCHASE OR RETIREMENT OF SUCH OUTSTANDING BONDS OR NOTES OR THE REDEMP-
TION  OF  SUCH  OUTSTANDING  BONDS  OR NOTES ON THE REDEMPTION DATE NEXT
SUCCEEDING THE DATE OF DELIVERY OF SUCH REFUNDING  BONDS  OR  NOTES  AND
MAY, PENDING SUCH APPLICATION, BE PLACED IN ESCROW TO BE APPLIED TO SUCH
PURCHASE  OR  RETIREMENT  OR  REDEMPTION ON SUCH DATE. ANY SUCH ESCROWED
PROCEEDS, PENDING SUCH USE, MAY BE INVESTED AND REINVESTED ONLY IN OBLI-
GATIONS OF OR GUARANTEED BY THE STATE OR THE UNITED  STATES  OF  AMERICA
AND EITHER:
  (A) THE YIELD FROM WHICH DOES NOT EXCEED THE AVERAGE NET INTEREST COST
PER  ANNUM,  EXPRESSED  AS A PERCENTAGE, ON SUCH REFUNDING BONDS BY MORE
THAN ONE-HALF OF ONE PERCENT; OR
  (B) THE INCOME FROM WHICH IS EXEMPT FROM FEDERAL TAXATION, MATURING AT
SUCH TIME OR TIMES AS SHALL BE APPROPRIATE TO ASSURE THE PROMPT PAYMENT,
AS TO PRINCIPAL,  INTEREST  AND  REDEMPTION  PREMIUM,  IF  ANY,  ON  THE
OUTSTANDING  BONDS OR NOTES TO BE SO REFUNDED BY PURCHASE, RETIREMENT OR
REDEMPTION, AS THE CASE MAY BE.
  THE INTEREST, INCOME AND PROFITS, IF ANY, EARNED OR  REALIZED  ON  ANY
SUCH  INVESTMENT  MAY  ALSO BE APPLIED TO THE PAYMENT OF THE OUTSTANDING
BONDS OR NOTES TO BE SO REFUNDED BY PURCHASE, RETIREMENT OR  REDEMPTION,
AS THE CASE MAY BE. AFTER THE TERMS OF THE ESCROW HAVE BEEN FULLY SATIS-
FIED AND CARRIED OUT, ANY BALANCE OF SUCH PROCEEDS AND INTEREST, IF ANY,
EARNED  OR  REALIZED  ON  THE INVESTMENTS THEREOF MAY BE RETURNED TO THE
AGENCY FOR USE BY IT IN ANY LAWFUL MANNER. ALL SUCH BONDS OR NOTES SHALL
BE ISSUED AND SECURED AND SHALL BE SUBJECT TO THE PROVISIONS OF  LAW  IN
THE  SAME  MANNER  AND  TO  THE  SAME EXTENT AS ANY OTHER BONDS OR NOTES
ISSUED PURSUANT TO LAW.
  7. WHETHER OR NOT THE BONDS AND NOTES ARE OF SUCH FORM  AND  CHARACTER
AS  TO  BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM COMMER-
CIAL CODE, THE BONDS AND NOTES ARE HEREBY  MADE  NEGOTIABLE  INSTRUMENTS
WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL
CODE,  SUBJECT  ONLY TO THE PROVISIONS OF THE BONDS AND NOTES FOR REGIS-
TRATION.
  8. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY BONDS OR NOTES PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE MAY CONTAIN PROVISIONS  WHICH  MAY
BE  A  PART  OF THE CONTRACT WITH THE HOLDERS OF SUCH BONDS OR NOTES, AS
TO:
  (A) PLEDGING OR CREATING A LIEN, TO THE EXTENT PROVIDED BY SUCH RESOL-
UTION OR RESOLUTIONS, ON ALL OR ANY PART OF ANY MONEYS HELD IN TRUST  OR
OTHERWISE BY OTHERS FOR THE PAYMENT OF SUCH BONDS OR NOTES;
  (B)  THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
OR DISPOSITION THEREOF;
  (C) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF  SALE  OF  ANY
ISSUE  OF  SUCH  BONDS  OR  NOTES THEN OR THEREAFTER TO BE ISSUED MAY BE
APPLIED;
  (D) LIMITATIONS ON THE ISSUANCE OF  ADDITIONAL  BONDS  OR  NOTES,  THE
TERMS  UPON  WHICH  ADDITIONAL BONDS OR NOTES MAY BE ISSUED AND SECURED,
AND UPON THE REFUNDING OF OUTSTANDING OR OTHER BONDS OR NOTES;
  (E) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH THE
HOLDERS OF BONDS OR NOTES MAY BE AMENDED OR  ABROGATED,  THE  AMOUNT  OF

A. 4081                             5

BONDS  OR NOTES THE HOLDERS OF WHICH MUST CONSENT THERETO AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
  (F)  PROVIDING  FOR THE RIGHTS AND REMEDIES OF THE HOLDERS OF BONDS OR
NOTES IN THE EVENT OF DEFAULT, PROVIDED, HOWEVER, THAT SUCH  RIGHTS  AND
REMEDIES  SHALL NOT BE INCONSISTENT WITH THE GENERAL LAWS OF THIS STATE;
AND
  (G) ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY WAY
AFFECT THE SECURITY AND PROTECTION OF THE BONDS OR NOTES AND THE  RIGHTS
OF THE HOLDERS THEREOF.
  S  1115-F. ADOPTION OF REGULATIONS. THE AGENCY SHALL ADOPT REGULATIONS
PROVIDING FOR QUALIFICATIONS OF ELIGIBLE PERSONS, REQUIREMENTS AND LIMI-
TATIONS AS TO ADJUSTMENTS OF TERMS AND CONDITIONS OF REPAYMENT,  FUNDING
PRIORITIES  AND  ANY  ADDITIONAL  REQUIREMENTS  AS IT DEEMS NECESSARY TO
CARRY OUT THE PURPOSES OF THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.