S T A T E O F N E W Y O R K
________________________________________________________________________
2207
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. BAILEY, SEPULVEDA -- read twice and ordered printed,
and when printed to be committed to the Committee on Housing,
Construction and Community Development
AN ACT to amend the public housing law, in relation to creating a middle
income home ownership subsidy program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new article
11-A to read as follows:
ARTICLE 11-A
MIDDLE INCOME HOME OWNERSHIP SUBSIDY
SECTION 250. DEFINITIONS.
251. MIDDLE INCOME HOME OWNERSHIP SUBSIDY PROGRAM.
252. APPLICATIONS.
253. AMOUNT AND PROCEDURE FOR MIDDLE INCOME HOME OWNERSHIP
SUBSIDY PAYMENTS.
254. RULES AND REGULATIONS.
255. FUNDING FOR THE MIDDLE INCOME HOME OWNERSHIP SUBSIDY
PROGRAM.
§ 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ELIGIBLE UNIT" SHALL MEAN:
A. ANY (I) HOME WITH TWO OR FEWER UNITS; (II) CONDOMINIUM; OR (III)
COOPERATIVE;
B. WHERE THE PURCHASE OF SUCH HOME, CONDOMINIUM, OR COOPERATIVE IS
PROVIDED FOR, INSURED, OR GUARANTEED BY THE STATE OR FEDERAL GOVERNMENT;
C. LOCATED IN AN URBAN AREA AS DEFINED BY THE DIVISION.
2. "QUALIFIED HOUSEHOLD" SHALL MEAN ANY PERSON OR HIS OR HER FAMILY
MEMBER WHO:
A. HAS AN ANNUAL HOUSEHOLD INCOME BELOW THE CURRENT MEDIAN INCOME FOR
THE CITY OF NEW YORK, PROVIDED, THAT ANY SUBSIDY RECEIVED AS A RESULT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05474-01-9
S. 2207 2
A SOCIAL PROGRAM SHALL NOT BE CONSIDERED WHEN CALCULATING AN INDIVID-
UAL'S GROSS INCOME. THE DIVISION SHALL DETERMINE INCOME ELIGIBILITY OF
HOME BUYERS USING THE INCOME DETERMINATION METHODOLOGY UTILIZED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN ACCORDANCE
WITH THEIR SECTION 8 HOUSING PROGRAM.
B. DOES NOT CURRENTLY OWN A HOUSING UNIT, INCLUDING A SINGLE FAMILY
HOUSE, CONDOMINIUM UNIT, COOPERATIVE UNIT, OR RENTAL UNIT THAT COULD BE
OWNER OCCUPIED;
C. HAS NOT PREVIOUSLY RECEIVED HOME OWNERSHIP ASSISTANCE.
§ 251. MIDDLE INCOME HOME OWNERSHIP SUBSIDY PROGRAM. THERE IS HEREBY
ESTABLISHED A MIDDLE INCOME HOME OWNERSHIP SUBSIDY PROGRAM. THE PURPOSE
OF THE PROGRAM IS TO PROVIDE FINANCIAL ASSISTANCE TO MIDDLE INCOME
HOUSEHOLDS, WITH AN ANNUAL INCOME BELOW THE CURRENT MEDIAN INCOME FOR
THE CITY OF NEW YORK WHO DO NOT CURRENTLY OWN A HOME, TO PURCHASE AN
ELIGIBLE UNIT FOR PURPOSES OF REHABILITATION AND OWNERSHIP.
§ 252. APPLICATIONS. 1. A QUALIFIED HOUSEHOLD MUST MAKE AN APPLICATION
TO THE DIVISION TO RECEIVE A HOME OWNERSHIP SUBSIDY.
2. THE DIVISION SHALL APPROVE AN INDIVIDUAL'S APPLICATION IF IT FINDS
THAT:
A. SUCH INDIVIDUAL IS PART OF A QUALIFIED HOUSEHOLD AS DEFINED IN
SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY OF THIS ARTICLE;
B. THE HOME TO BE PURCHASED BY THE INDIVIDUAL IS AN ELIGIBLE UNIT AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTY OF THIS ARTICLE;
C. THE HOME TO BE PURCHASED HAS BEEN INSPECTED BY A DIVISION APPROVED
HOME INSPECTOR;
D. THE HOME TO BE PURCHASED HAS BEEN APPRAISED AT A VALUE NOT EXCEED-
ING THE MAXIMUM PURCHASE PRICE AS SET BY THE DIVISION.
3. IF ANY QUALIFIED HOUSEHOLD THAT HAS BEEN APPROVED AND IS RECEIVING
HOME OWNERSHIP ASSISTANCE PAYMENTS DEFAULTS ON ITS MORTGAGE PAYMENT,
SUCH HOME OWNERSHIP SUBSIDY PAYMENTS SHALL AUTOMATICALLY CEASE AND BE
TERMINATED.
§ 253. AMOUNT AND PROCEDURE FOR MIDDLE INCOME HOME OWNERSHIP SUBSIDY
PAYMENTS. SUBSIDY AMOUNTS UNDER THIS PROGRAM SHALL EQUAL MORE THAN ONE
HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE.
§ 254. RULES AND REGULATIONS. 1. THE DIVISION IS AUTHORIZED TO IMPLE-
MENT ANY RULE OR REGULATION NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION
OF THIS PROGRAM.
2. THE DIVISION MAY CREATE ANY FORM AND REQUIRE ANY APPLICANT TO FILL
OUT SUCH FORM BEFORE RECEIVING DEPARTMENTAL APPROVAL FOR THE HOME OWNER-
SHIP ASSISTANCE PAYMENTS.
3. THE DIVISION MAY CHARGE AN APPLICATION FEE FOR THE PROCESSING OF A
HOUSEHOLD'S HOME OWNERSHIP ASSISTANCE PAYMENT APPLICATION. SUCH FEE
SHALL NOT EXCEED ONE HUNDRED DOLLARS.
§ 255. FUNDING FOR THE MIDDLE INCOME HOME OWNERSHIP SUBSIDY PROGRAM.
FUNDING SHALL BE OBTAINED BY USING FUNDS FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.