S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    458
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to authorizing
   the state of New York mortgage agency to purchase rehabilitation mort-
   gages
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2402 of the public authorities law is amended by
 adding two new subdivisions 18 and 19 to read as follows:
   (18) "REHABILITATION". REPAIRS, ALTERATIONS OR IMPROVEMENTS OF A HOUS-
 ING ACCOMMODATION DESIGNED TO RAISE THE HOUSING STANDARDS THEREIN.
   (19) "REHABILITATION MORTGAGE". A LOAN EXTENDED BY A BANK, SECURED  BY
 A  MORTGAGE ON REAL PROPERTY IMPROVED BY A RESIDENTIAL STRUCTURE FOR THE
 FINANCING AND REHABILITATION OF SUCH RESIDENTIAL STRUCTURE WHICH  OTHER-
 WISE  COMPLIES  WITH  THE  CONDITIONS ESTABLISHED BY SECTION TWENTY-FOUR
 HUNDRED FIVE-G OF THIS PART.
   § 2. The public authorities law is amended by  adding  a  new  section
 2405-g to read as follows:
   §  2405-G. PURCHASE OF REHABILITATION MORTGAGES.  (1) A PURPOSE OF THE
 AGENCY SHALL BE TO PURCHASE REHABILITATION MORTGAGES FROM  BANKS  WITHIN
 THE  STATE  DURING  PERIODS WHEN THERE IS AN INADEQUATE SUPPLY OF CREDIT
 AVAILABLE FOR NEW RESIDENTIAL MORTGAGES OR AVAILABLE FOR SUCH  LOANS  AT
 CARRYING  CHARGES  WITHIN THE FINANCIAL MEANS OF PERSONS AND FAMILIES OF
 LOW AND MODERATE INCOME.
   IT IS HEREBY FOUND AND DECLARED THAT SUCH  ACTIVITIES  BY  THE  AGENCY
 WILL ALLEVIATE A CONDITION IN THIS STATE WHICH IS CONTRARY TO THE PUBLIC
 HEALTH, SAFETY AND GENERAL WELFARE AND WHICH HAS CONSTITUTED IN THE PAST
 AND  FROM  TIME  TO  TIME  IN THE FUTURE CAN BE EXPECTED TO CONSTITUTE A
 PUBLIC EMERGENCY. IT IS FURTHER FOUND AND DECLARED  THAT  SUCH  PURPOSES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05774-01-7

 S. 458                              2
 
 ARE  IN  ALL  RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW
 YORK AND THE AGENCY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERN-
 MENTAL FUNCTION IN CARRYING OUT  ITS  PURPOSES  AND  IN  EXERCISING  THE
 POWERS GRANTED BY THIS TITLE.
   (2) (A) THE AGENCY SHALL REQUIRE THAT REHABILITATION MORTGAGES PROVIDE
 THAT  THE  ESTIMATED  COST  OF  THE REPAIRS MUST BE AT LEAST TWENTY-FIVE
 PERCENT OF THE MORTGAGOR'S ADJUSTED BASIS IN THE RESIDENTIAL REAL  PROP-
 ERTY (INCLUDING LAND).
   (B) SUCH REHABILITATION MORTGAGES SHALL ALSO PROVIDE THAT THE PURCHASE
 PRICE  PLUS  THE  ESTIMATED COST OF THE REPAIRS MUST FALL WITHIN CURRENT
 AGENCY REGULATIONS PERTAINING TO MAXIMUM PURCHASE PRICE. TO BE  ELIGIBLE
 FOR  SUCH  MORTGAGES AT LEAST TWENTY YEARS MUST HAVE ELAPSED BETWEEN THE
 DATE THE RESIDENTIAL REAL PROPERTY WAS FIRST USED AND  THE  COMMENCEMENT
 OF  PHYSICAL  WORK ON SUCH REHABILITATION. TO BE ELIGIBLE FOR SUCH MORT-
 GAGES, (I) AT LEAST FIFTY PERCENT OF THE EXISTING EXTERNAL WALLS OF  THE
 RESIDENTIAL  STRUCTURE MUST BE RETAINED IN PLACE AS EXTERNAL WALLS, (II)
 AT LEAST SEVENTY-FIVE PERCENT OF THE  EXISTING  WALLS  ARE  RETAINED  IN
 PLACE  AS  INTERNAL  OR  EXTERNAL WALLS, AND (III) AT LEAST SEVENTY-FIVE
 PERCENT OF  THE  EXISTING  INTERNAL  STRUCTURAL  FRAMEWORK  MUST  REMAIN
 INTACT.  ANY  COMMITMENT  ISSUED BY A BANK FOR SUCH REHABILITATION MORT-
 GAGES SHALL PROVIDE THAT THE BANK SHALL CERTIFY THE COST AND FEASIBILITY
 OF THE PROPOSED REPAIRS OR REHABILITATION TO THE  RESIDENTIAL  STRUCTURE
 AND  THAT  THE  BANK  SHALL  MONITOR  ONGOING REPAIRS AND REHABILITATION
 THROUGH PERIODIC INSPECTIONS AND SHALL PERFORM A FINAL INSPECTION.  SUCH
 MORTGAGES  SHALL ALSO PROVIDE THAT THE BORROWER MUST OCCUPY THE RESIDEN-
 TIAL STRUCTURE AS HIS OR HER PRINCIPAL RESIDENCE WITHIN  SIXTY  DAYS  OF
 THE COMPLETION OF THE REPAIR OR REHABILITATION WORK.
   (3)  THE  AGENCY SHALL PURCHASE REHABILITATION MORTGAGES FROM BANKS AT
 SUCH PRICES AND UPON SUCH TERMS AND CONDITIONS AS  IT  SHALL  DETERMINE;
 PROVIDED,  HOWEVER,  THAT  THE  TOTAL  PURCHASE  PRICE, EXCLUSIVE OF ANY
 AMOUNTS REPRESENTING A REFUND OF COMMITMENT OR OTHER FEES PAID BY A BANK
 TO THE AGENCY, FOR ALL MORTGAGES WHICH THE AGENCY  COMMITS  TO  PURCHASE
 FROM  A BANK AT ANY ONE TIME SHALL IN NO EVENT BE MORE THAN THE TOTAL OF
 THE UNPAID PRINCIPAL BALANCES THEREOF, PLUS ACCRUED INTEREST THEREON.
   (4) IN CONDUCTING ITS PROGRAM OF PURCHASING REHABILITATION  MORTGAGES,
 THE  AGENCY  SHALL  BE  GOVERNED  BY  THE PROVISIONS OF PARAGRAPH (B) OF
 SUBDIVISION THREE OF SECTION TWENTY-FOUR HUNDRED FIVE OF THIS PART.
   (5) THE AGENCY SHALL REQUIRE AS A CONDITION OF PURCHASE  OF  REHABILI-
 TATION  MORTGAGES  FROM BANKS THAT EACH SUCH BANK CERTIFY THAT EACH SUCH
 REHABILITATION MORTGAGE IS TO AN INDIVIDUAL BORROWER AND IS IN  ADDITION
 TO THE MORTGAGES SUCH CERTIFYING BANK OTHERWISE WOULD HAVE MADE.
   (6)  NOTWITHSTANDING  THE  MAXIMUM  INTEREST  RATE,  IF  ANY, FIXED BY
 SECTION 5-501 OF THE GENERAL  OBLIGATIONS  LAW  OR  ANY  OTHER  LAW  NOT
 SPECIFICALLY  AMENDING OR APPLICABLE TO THIS SECTION, THE AGENCY MAY SET
 THE INTEREST RATE TO BE BORNE BY REHABILITATION MORTGAGES  PURCHASED  BY
 THE  AGENCY  FROM BANKS AT A RATE OR RATES WHICH THE AGENCY FROM TIME TO
 TIME SHALL DETERMINE TO BE AT LEAST SUFFICIENT, TOGETHER WITH ANY  OTHER
 AVAILABLE MONIES, TO PROVIDE FOR THE PAYMENT OF ITS BONDS AND NOTES, AND
 REHABILITATION  MORTGAGES BEARING SUCH INTEREST RATE SHALL NOT BE DEEMED
 TO VIOLATE ANY SUCH LAW OR TO BE UNENFORCEABLE IF ORIGINATED BY  A  BANK
 IN GOOD FAITH PURSUANT TO AN UNDERTAKING WITH THE AGENCY WITH RESPECT TO
 THE SALE THEREOF NOTWITHSTANDING ANY SUBSEQUENT FAILURE OF THE AGENCY TO
 PURCHASE THE MORTGAGE OR ANY SUBSEQUENT SALE OR DISPOSITION OF THE MORT-
 GAGE BY THE AGENCY TO SUCH BANK OR ANY OTHER PERSON.
   (7)  THE  AGENCY  SHALL REQUIRE THE SUBMISSION TO IT BY EACH BANK FROM
 WHICH THE AGENCY HAS PURCHASED REHABILITATION MORTGAGES EVIDENCE  SATIS-

 S. 458                              3
 
 FACTORY  TO  THE AGENCY OF THE MAKING, AND IF APPLICABLE, THE SERVICING,
 OF SUCH REHABILITATION MORTGAGES IN CONFORMITY WITH SUCH  BANK'S  UNDER-
 TAKING  WITH  THE  AGENCY  AND  IN CONNECTION THEREWITH MAY, THROUGH ITS
 EMPLOYEES  OR  AGENTS  OR THOSE OF THE DEPARTMENT OF FINANCIAL SERVICES,
 INSPECT THE BOOKS AND RECORDS OF ANY SUCH BANK.
   (8) COMPLIANCE BY ANY BANK WITH THE TERMS OF  ITS  AGREEMENT  WITH  OR
 UNDERTAKING  TO  THE AGENCY WITH RESPECT TO THE SALE AND, IF APPLICABLE,
 THE SERVICING OF REHABILITATION MORTGAGES MAY BE ENFORCED BY  DECREE  OF
 THE  SUPREME COURT. THE AGENCY MAY REQUIRE AS A CONDITION OF PURCHASE OF
 REHABILITATION MORTGAGES FROM ANY BANK THE CONSENT OF SUCH BANK  TO  THE
 JURISDICTION  OF  THE SUPREME COURT OVER ANY SUCH PROCEEDING. THE AGENCY
 MAY ALSO REQUIRE AGREEMENT BY ANY BANK, AS A CONDITION OF  THE  AGENCY'S
 PURCHASE  OF  REHABILITATION MORTGAGES FROM SUCH BANK, TO THE PAYMENT OF
 PENALTIES TO THE AGENCY FOR VIOLATION BY THE BANK OF ITS UNDERTAKINGS TO
 THE AGENCY, AND SUCH PENALTIES SHALL BE RECOVERABLE AT THE SUIT  OF  THE
 AGENCY.
   (9)  THE  AGENCY SHALL REQUIRE AS A CONDITION OF PURCHASE OF ANY REHA-
 BILITATION MORTGAGE FROM A BANK THAT THE BANK REPRESENT AND  WARRANT  TO
 THE AGENCY THAT:
   (A)  THE MORTGAGE WAS NOT MADE IN SATISFACTION OF AN OBLIGATION OF THE
 BANK UNDER SECTION TWENTY-FOUR HUNDRED FIVE OF THIS PART;
   (B) THE UNPAID PRINCIPAL BALANCE OF THE MORTGAGE AND THE INTEREST RATE
 THEREON HAVE BEEN ACCURATELY STATED TO THE AGENCY;
   (C) THE AMOUNT OF THE UNPAID  PRINCIPAL  BALANCE  IS  JUSTLY  DUE  AND
 OWING;
   (D)  THE  BANK  HAS  NO  NOTICE  OF THE EXISTENCE OF ANY COUNTERCLAIM,
 OFFSET OR DEFENSE ASSERTED BY THE MORTGAGOR OR ANY SUCCESSOR  IN  INTER-
 EST;
   (E) THE MORTGAGE IS EVIDENCED BY A BOND OR PROMISSORY NOTE AND A MORT-
 GAGE  DOCUMENT  WHICH  HAS  BEEN  PROPERLY RECORDED WITH THE APPROPRIATE
 PUBLIC OFFICIAL;
   (F) THE MORTGAGE CONSTITUTES A VALID FIRST LIEN ON THE  REAL  PROPERTY
 DESCRIBED TO THE AGENCY SUBJECT ONLY TO REAL PROPERTY TAXES NOT YET DUE,
 INSTALLMENTS  OF ASSESSMENTS NOT YET DUE, AND EASEMENTS AND RESTRICTIONS
 OF RECORD WHICH DO NOT ADVERSELY AFFECT, TO A MATERIAL DEGREE,  THE  USE
 OR VALUE OF THE REAL PROPERTY OR IMPROVEMENTS THEREON;
   (G) THE MORTGAGOR IS NOT NOW IN DEFAULT IN THE PAYMENT OF ANY INSTALL-
 MENT  OF  PRINCIPAL  OR  INTEREST,  ESCROW FUNDS, REAL PROPERTY TAXES OR
 OTHERWISE IN THE PERFORMANCE OF HIS OBLIGATIONS UNDER THE MORTGAGE DOCU-
 MENTS AND HAS NOT TO THE KNOWLEDGE OF THE BANK BEEN IN  DEFAULT  IN  THE
 PERFORMANCE  OF  ANY  SUCH  OBLIGATION FOR A PERIOD OF LONGER THAN SIXTY
 DAYS DURING THE LIFE OF THE MORTGAGE; AND
   (H) THE IMPROVEMENTS TO THE MORTGAGED REAL PROPERTY ARE COVERED  BY  A
 VALID  AND SUBSISTING POLICY OF INSURANCE ISSUED BY A COMPANY AUTHORIZED
 BY THE SUPERINTENDENT OF FINANCIAL SERVICES TO ISSUE  SUCH  POLICIES  IN
 THE STATE AND PROVIDING FIRE AND EXTENDED COVERAGE TO AN AMOUNT NOT LESS
 THAN  EIGHTY  PERCENT  OF THE INSURABLE VALUE OF THE IMPROVEMENTS TO THE
 MORTGAGED REAL PROPERTY.
   (10) EACH BANK SHALL BE LIABLE TO THE AGENCY FOR ANY DAMAGES  SUFFERED
 BY  THE  AGENCY  BY  REASON  OF THE UNTRUTH OF ANY REPRESENTATION OR THE
 BREACH OF ANY WARRANTY AND, IN THE EVENT THAT ANY  REPRESENTATION  SHALL
 PROVE  TO BE UNTRUE WHEN MADE OR IN THE EVENT OF ANY BREACH OF WARRANTY,
 THE BANK SHALL, AT THE OPTION OF THE AGENCY, REPURCHASE THE MORTGAGE FOR
 THE ORIGINAL PURCHASE PRICE ADJUSTED FOR AMOUNTS SUBSEQUENTLY PAID THER-
 EON, AS THE AGENCY SHALL DETERMINE.

 S. 458                              4
 
   (11) THE AGENCY NEED NOT REQUIRE THE RECORDING OF AN ASSIGNMENT OF ANY
 REHABILITATION MORTGAGE PURCHASED BY IT FROM A  BANK  PURSUANT  TO  THIS
 SECTION  AND  SHALL  NOT  BE  REQUIRED  TO  NOTIFY  THE MORTGAGOR OF ITS
 PURCHASE OF THE MORTGAGE. THE AGENCY SHALL NOT BE REQUIRED TO INSPECT OR
 TAKE  POSSESSION  OF  THE  MORTGAGE DOCUMENTS IF THE BANK FROM WHICH THE
 REHABILITATION MORTGAGE  IS  PURCHASED  BY  THE  AGENCY  SHALL  ENTER  A
 CONTRACT TO SERVICE SUCH MORTGAGE AND ACCOUNT TO THE AGENCY THEREFOR.
   (12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AGENCY IS AUTHOR-
 IZED  TO REQUIRE, AS A CONDITION TO THE PURCHASE FROM BANKS OF ANY REHA-
 BILITATION MORTGAGE, SUCH RESTRICTIONS UPON ASSUMABILITY  OF  THE  MORT-
 GAGE,   DEFAULT  PROVISIONS,  RIGHTS  TO  ACCELERATE,  AND  OTHER  TERMS
 APPLICABLE TO SUCH REHABILITATION MORTGAGES MADE BY THE BANK PURSUANT TO
 UNDERTAKINGS WITH THE AGENCY WITH RESPECT TO THE  SALE  THEREOF  AS  THE
 AGENCY  MAY  DETERMINE TO BE NECESSARY OR DESIRABLE TO ASSURE THE REPAY-
 MENT OF ITS BONDS AND NOTES AND THE EXEMPTION FROM FEDERAL INCOME  TAXES
 OF  THE INTEREST PAYABLE ON ITS BONDS AND NOTES. ALL SUCH TERMS SHALL BE
 ENFORCEABLE BY THE ORIGINATING BANK, THE AGENCY, AND ANY SUCCESSOR HOLD-
 ER OF THE MORTGAGE UNLESS EXPRESSLY WAIVED IN WRITING BY OR ON BEHALF OF
 THE AGENCY.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, except that any rules and regulations neces-
 sary for the timely implementation of this act  on  its  effective  date
 shall be promulgated on or before such date.