NY State Senate Bill 2021-S972A

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Mar 15, 2021	print number 972a
Mar 15, 2021	amend and recommit to housing, construction and community development
Jan 06, 2021	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

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2021-S972 - Details

See Assembly Version of this Bill:: A6620
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add Art 14 §§600 - 606, Pub Hous L
Versions Introduced in 2019-2020 Legislative Session:: S8443, A10478

2021-S972 - Summary

Authorizes the commissioner of New York homes and community renewal, as soon as practicable and subject to the disbursement of federal funds expressly for this purpose to the housing finance agency, to implement an emergency COVID-19 homeownership stability program and issue an emergency homeownership payment directly to the eligible homeowner; makes related provisions.

2021-S972 - Sponsor Memo

                                
 
BILL NUMBER: S972

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public housing law, in relation to establishing the
COVID-19 emergency homeownership stability program

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide emergency relief to homeowners suffering a substantial loss
of income due to the outbreak of the novel coronavirus of 2019.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the Public Housing Law to establish a COVID-19 Emer-
gency Homeownership Stability Program. This program aims to create a
parallel level of assistance for property owners experiencing difficulty
paying their property taxes due to loss of income associated with
COVID-19, as is proposed to assist renters in pending legislation known
as the COVID-19 Emergency Rental Assistance Program (S8140B of 2020).

Section 600 defines terms.

Section 601 authorizes the Commissioner of New York Homes and Community
Renewal, and the housing finance agency, to implement the COVID-19 emer-
gency homeownership stability program pursuant to the provisions of the
new Article as soon as practicable, subject to appropriation.

Section 602 defines eligibility for the program as those homeowners who,
because of the COVID-19 outbreak, have suffered a substantial loss of
income and have homeownership payments greater than 30% of their new
income, as pro-rated by the length of the covered period.

Section 603 provides that tax lien foreclosure cannot be commenced
against a homeowner who had applied for the program unless or until
their ineligibility has been determined.

Section 604 provides that mortgage foreclosure cannot be commenced
against a homeowner who had applied for the program unless or until
their ineligibility has been determined.

Section 605 provides for the payment directly to the homeowner.

Section 2. Severability Clause

Section 3. Effective Date.

 
JUSTIFICATION:

The 2020 outbreak of COVID-19 has touched every part of our economy.
With state and local governments mandating the shuttering of all but
essential businesses in the interest of protecting public health, New
York has seen a rapid and unprecedented economic decline. Many New York-
ers, facing severely reduced or entirely lost wages, will not be able to
keep up with real property tax payments, monthly mortgage and utility
payments, and insurance payments during this time. With some property
tax payments being delayed and some banks temporarily delaying mortgage
payments, the immediate danger of mass displacement has been averted,
but only temporarily. Once the public health crisis abates and forbear-
ance ends, many New Yorkers will be vulnerable to losing their homes.

The program established in this bill will bring relief those whose abil-
ity to pay has been diminished or eliminated through no fault of their
own.

Emergency homeownership relief will remedy the worse effects of the
public health and economic crisis New York is facing, keep people in
their homes as they get back to work, and stabilize our communities.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8443/A10478

 
FISCAL IMPLICATIONS:

The cost of the COVID-19 Emergency Homeownership Stability Program will
depend on the duration of the business closures in response to COVID-19,
the speed with which New Yorkers are able to recover from the economic
crisis, the availability of other sources of income, including other
sources of emergency relief, such as enhanced unemployment benefits, and
other factors that cannot be assessed at this time. As emergency funds
become available, through federal relief legislation or other sources,
this bill will create an effective mechanism for delivering assistance
where it is needed most.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S972 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    972
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GAUGHRAN,  KAVANAGH,  ADDABBO,  BROOKS, HARCKHAM,
   KAMINSKY, KAPLAN, MAY, SKOUFIS,  THOMAS  --  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 establishing the
   COVID-19 emergency homeownership stability 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
 14 to read as follows:
                                ARTICLE 14
            COVID-19 EMERGENCY HOMEOWNERSHIP STABILITY PROGRAM
 SECTION 600. DEFINITIONS.
         601. AUTHORITY TO  IMPLEMENT  COVID-19  EMERGENCY  HOMEOWNERSHIP
                STABILITY PROGRAM.
         602. ELIGIBILITY.
         603. TAX LIEN FORECLOSURE.
         604. MORTGAGE FORECLOSURE.
         605. PAYMENT.
   §  600. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADJUSTED INCOME" SHALL MEAN INCOME MINUS ANY DEDUCTIONS  ALLOWABLE
 AT  THE  DISCRETION  OF  THE  COMMISSIONER  PURSUANT TO THIS SECTION. IN
 DETERMINING THE INCOME OF A HOUSEHOLD FOR THE  PURPOSES  OF  THIS  PARA-
 GRAPH, INCOME SHALL BE CONSIDERED TO INCLUDE ONLY INCOME THAT THE HOUSE-
 HOLD  IS  RECEIVING  AT  THE TIME OF APPLICATION FOR ASSISTANCE FROM THE
 PROGRAM AND ANY INCOME RECENTLY TERMINATED SHALL NOT BE INCLUDED, EXCEPT
 THAT FOR PURPOSES OF  HOUSEHOLDS  RECEIVING  ASSISTANCE  FOR  ARREARAGES
 INCOME  MAY  INCLUDE  THE INCOME THAT THE HOUSEHOLD WAS RECEIVING AT THE
 TIME SUCH ARREARAGES WERE INCURRED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03812-01-1

 S. 972                              2
 
   2. "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER  OF  THE
 HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, SALARY, RECURRING GIFTS,
 RETURNS  ON  INVESTMENTS,  WELFARE ASSISTANCE, SOCIAL SECURITY PAYMENTS,
 CHILD SUPPORT PAYMENTS, UNEMPLOYMENT BENEFITS, ANY BENEFIT,  PAYMENT  OR
 CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL PAYMENTS, ANY PAYMENTS
 WHOSE  PURPOSE IS TO REPLACE LOST INCOME, AND ANY OTHER GOVERNMENT BENE-
 FIT OR CASH GRANT. THE  TERM  "INCOME"  SHALL  NOT  INCLUDE:  EMPLOYMENT
 INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM
 CHILDREN  EIGHTEEN  YEARS  OF  AGE  OR OLDER WHO ARE FULL-TIME STUDENTS,
 FOSTER CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY PERSONS  NOT
 LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENE-
 FITS, EARNED INCOME DISREGARD, OR THE EARNED INCOME TAX CREDIT.
   3.  "QUALIFIED  PROPERTY" MEANS RESIDENTIAL REAL PROPERTY OWNED BY THE
 HOMEOWNER WHICH IS USED EXCLUSIVELY AS  THE  HOMEOWNER'S  PRIMARY  RESI-
 DENCE;  PROVIDED HOWEVER, THAT IN THE EVENT ANY PORTION OF SUCH PROPERTY
 IS NOT SO USED EXCLUSIVELY FOR RESIDENTIAL  PURPOSES  BUT  IS  USED  FOR
 OTHER  PURPOSES, SUCH PORTION SHALL BE INELIGIBLE FOR THE PAYMENT ESTAB-
 LISHED PURSUANT TO THIS SUBDIVISION.
   4. "PROPERTY TAX" SHALL MEAN A TAX LEVIED, OR PORTION OF  THOSE  TAXES
 LEVIED,  BY  OR  ON  BEHALF  OF  ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
 DISTRICT OR SPECIAL DISTRICT ON THE QUALIFIED PROPERTY WHICH IS  ATTRIB-
 UTABLE TO THE YEAR TWO THOUSAND TWENTY-ONE.
   5.  "MORTGAGOR" SHALL MEAN AN INDIVIDUAL WHO RESIDES IN NEW YORK WHOSE
 PRINCIPAL DWELLING IS ENCUMBERED BY A HOME LOAN  PURSUANT  TO  PARAGRAPH
 (A)  OF  SUBDIVISION  SIX  OF  SECTION THIRTEEN HUNDRED FOUR OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW OR WHOSE PRINCIPAL  DWELLING  IS  A
 CO-OPERATIVE  UNIT  WHOSE  SHARES  ARE  ENCUMBERED BY ANY LOAN OTHERWISE
 MEETING THE REQUIREMENTS OF A HOME LOAN UNDER PARAGRAPH (A) OF  SUBDIVI-
 SION  SIX  OF SECTION THIRTEEN HUNDRED FOUR OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW, FROM OR SERVICED BY A REGULATED INSTITUTION.
   6. "REVERSE MORTGAGE LOAN" SHALL HAVE THE SAME MEANING AS SECTION  TWO
 HUNDRED EIGHTY OF THE REAL PROPERTY LAW.
   7. "HOMEOWNER" SHALL MEAN A PERSON OR PERSONS WHO IS A RESIDENT OF THE
 STATE  AND  WHO  OWNS AND PRIMARILY RESIDES IN QUALIFIED PROPERTY WITHIN
 THE STATE.
   8. "HOMEOWNERSHIP PAYMENTS"  SHALL  MEAN  MORTGAGE  PAYMENTS,  REVERSE
 MORTGAGE  PAYMENTS,  PROPERTY  TAXES,  HAZARD  INSURANCE PAYMENTS, FLOOD
 INSURANCE PAYMENTS, MORTGAGE INSURANCE PAYMENTS, HOMEOWNERS' ASSOCIATION
 FEES, CONDOMINIUM COMMON CHARGES,  OR  UTILITY  PAYMENTS.  HOMEOWNERSHIP
 PAYMENTS  SHALL NOT INCLUDE: ANY MORTGAGE PAYMENTS THAT HAVE BEEN PLACED
 IN FORBEARANCE AT THE TIME OF APPLICATION IF  SUCH  FORBEARANCE  EXTENDS
 BEYOND THE COVERED PERIOD.
   9.  "UTILITY"  SHALL  MEAN ELECTRIC, GAS, WATER, AND INTERNET SERVICE,
 INCLUDING BROADBAND INTERNET ACCESS SERVICE.
   10. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH RENTAL
 AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
 ANT TO 42 U.S.C. 1437(F).
   11.  "COMMISSIONER"  SHALL MEAN THE COMMISSIONER OF NEW YORK HOMES AND
 COMMUNITY RENEWAL AND ITS SUBSIDIARY, THE HOUSING FINANCE AGENCY.
   12. "COVERED PERIOD" MEANS THE PERIOD DURING  WHICH  THE  RESTRICTIONS
 CONSTITUTING  NEW  YORK  ON PAUSE, AS DEFINED BY EXECUTIVE ORDER 202.31,
 APPLIED IN THE COUNTY OF THE HOMEOWNER'S RESIDENCE.
   § 601.    AUTHORITY  TO  IMPLEMENT  COVID-19  EMERGENCY  HOMEOWNERSHIP
 STABILITY PROGRAM.  THE COMMISSIONER, AS SOON AS PRACTICABLE AND SUBJECT
 TO  THE  DISBURSEMENT OF FEDERAL FUNDS EXPRESSLY FOR THIS PURPOSE TO THE

 S. 972                              3
 
 HOUSING FINANCE AGENCY, SHALL IMPLEMENT AN EMERGENCY COVID-19 HOMEOWNER-
 SHIP STABILITY PROGRAM. THE COMMISSIONER MAY DELEGATE THE ADMINISTRATION
 OF PORTIONS OF THIS PROGRAM TO ANY STATE AGENCY, CITY, COUNTY, TOWN,  OR
 NON-PROFIT  ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
 CLE. THE HOUSING FINANCE AGENCY, OR THE AGENCY, GOVERNMENTAL ENTITY,  OR
 ORGANIZATION SO DESIGNATED BY THE COMMISSIONER, SHALL ISSUE AN EMERGENCY
 HOMEOWNERSHIP PAYMENT DIRECTLY TO THE ELIGIBLE HOMEOWNER.
   §  602.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR THIS PROGRAM. A HOMEOWNER SHALL BE  ELIGIBLE
 FOR THIS PROGRAM IF:
   1. THE HOMEOWNER, DURING THE COVERED PERIOD:
   (A) APPLIED AND QUALIFIED FOR UNEMPLOYMENT INSURANCE BENEFITS; OR
   (B)  EXPERIENCED  A  SIGNIFICANT  LOSS  OF INCOME AS DETERMINED BY THE
 DEPARTMENT OF  TAXATION  AND  FINANCE  OR  AS  DETERMINED  IN  A  MANNER
 PRESCRIBED BY THE COMMISSIONER; AND
   (C)  THE SUM TOTAL OF ALL HOMEOWNERSHIP PAYMENTS THAT CAME DUE OR WILL
 BE OWED DURING THE COVERED PERIOD IS  GREATER  THAN  THIRTY  PERCENT  OF
 ANNUALIZED  ADJUSTED  INCOME  AS  PRO-RATED BY THE LENGTH OF THE COVERED
 PERIOD.
   2. IN ADDITION TO THE ELIGIBILITY CRITERIA ABOVE, THE COMMISSIONER MAY
 PROMULGATE LIMITS ON ASSETS AS PART OF ANY DETERMINATION OF  ELIGIBILITY
 FOR THIS PROGRAM.
   3. A HOMEOWNER SHALL NOT BE ELIGIBLE FOR THIS PROGRAM IF THEIR CURRENT
 ANNUALIZED INCOME IS AN AMOUNT EQUAL TO OR GREATER THAN THEIR INCOME FOR
 THE YEAR TWO THOUSAND NINETEEN.
   4.  ANY  AMBIGUITY  IN ELIGIBILITY CRITERIA PROMULGATED BY THE COMMIS-
 SIONER SHALL BE RESOLVED IN FAVOR  OF  THE  APPLICANT  WHEN  DETERMINING
 ELIGIBILITY.
   5.    NOT  LESS THAN SIXTY PERCENT OF THE AMOUNT MADE AVAILABLE TO THE
 STATE SHALL BE USED FOR EMERGENCY  HOMEOWNERSHIP  PAYMENTS  THAT  ASSIST
 HOMEOWNERS  HAVING  INCOMES  EQUAL TO OR LESS THAN EIGHTY PERCENT OF THE
 AREA MEDIAN INCOME.
   6. THE COMMISSIONER MAY ESTABLISH PREFERENCE  IN  PROCESSING  APPLICA-
 TIONS  FOR  THIS PAYMENT.  SUCH PREFERENCE MAY INCLUDE ANY OR ALL OF THE
 FOLLOWING:
   (A) THE HOMEOWNER'S HISTORICAL INCOME LEVEL PRIOR TO THE COVERED PERI-
 OD AS IT RELATES TO THE AREA MEDIAN INCOME;
   (B) THE HOMEOWNER'S CURRENT INCOME AS IT RELATES TO  THE  AREA  MEDIAN
 INCOME;
   (C) THE TAXPAYER'S PROPERTY TAX BURDEN;
   (D) THE PERCENTAGE OF INCOME THE HOMEOWNER LOST;
   (E) THE HOMEOWNER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE; AND
   (F)  THE  CURRENT INCOME OF ANY ADDITIONAL PARTIES ON THE DEED FOR THE
 QUALIFIED PROPERTY WHO ARE NOT HOMEOWNERS AS  DEFINED  IN  THIS  SECTION
 AND,  TO  THE  EXTENT  THAT  ANY MORTGAGE PAYMENTS ARE CONSIDERED IN THE
 TOTAL SUM REACHED IN PARAGRAPH (B)  OF  THIS  SUBDIVISION,  THE  CURRENT
 INCOME OF ANY ADDITIONAL PARTIES TO THE MORTGAGE.
   §  603. TAX LIEN FORECLOSURE.  NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY, A TAX LIEN FORECLOSURE INITIATED PURSUANT TO ARTICLE ELEV-
 EN OF THE REAL PROPERTY TAX LAW WHICH INCLUDES UNPAID  TAXES  THAT  CAME
 DUE  DURING  THE  COVERED PERIOD CANNOT BE COMMENCED AGAINST A HOMEOWNER
 WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A  FINAL  DETERMINATION
 OF  INELIGIBILITY  HAS BEEN ISSUED.   THE ACTION MAY PROCEED NINETY DAYS
 AFTER THE DETERMINATION OF INELIGIBILITY OR AFTER PAYMENT IS RELEASED BY
 THE HOUSING FINANCE AGENCY.

 S. 972                              4
 
   § 604. MORTGAGE FORECLOSURE. NOTWITHSTANDING ANY PROVISION OF  LAW  TO
 THE  CONTRARY,  A  MORTGAGE  FORECLOSURE  ON  A  HOME LOAN AS DEFINED BY
 SECTION  THIRTEEN  HUNDRED  FOUR  OF  THE  REAL  PROPERTY  ACTIONS   AND
 PROCEEDINGS  LAW  WHICH  INCLUDES UNPAID MORTGAGE PAYMENTS THAT CAME DUE
 DURING THE COVERED PERIOD CANNOT BE COMMENCED OR PROCEED AGAINST A HOME-
 OWNER  WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A FINAL DETERMI-
 NATION OF INELIGIBILITY HAS BEEN ISSUED.  THE ACTION MAY PROCEED  NINETY
 DAYS  AFTER  THE  DETERMINATION  OF  INELIGIBILITY  OR  AFTER PAYMENT IS
 RELEASED BY THE HOUSING FINANCE AGENCY.
   § 605. PAYMENT. THE EMERGENCY HOMEOWNERSHIP PAYMENT SHALL  BE  A  ONE-
 TIME  PAYMENT  PAID  DIRECTLY  TO THE HOMEOWNER. THE AMOUNT OF EMERGENCY
 HOMEOWNERSHIP PAYMENT SHALL BE THE LESSER OF:
   1. THE DIFFERENCE BETWEEN THE SUM OF HOMEOWNERSHIP PAYMENTS DUE PURSU-
 ANT TO SECTION SIX HUNDRED THREE OF THIS ARTICLE AND THIRTY  PERCENT  OF
 THE  CURRENT  ANNUALIZED ADJUSTED INCOME AS PRO-RATED BY THE DURATION OF
 THE COVERED PERIOD; OR
   2. THE DIFFERENCE BETWEEN TWO HUNDRED FIFTY PERCENT OF THE FAIR MARKET
 RENT FOR THE AREA AND THIRTY PERCENT OF THE CURRENT ANNUALIZED  ADJUSTED
 INCOME AS PRO-RATED BY THE DURATION OF THE COVERED PERIOD.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate the remainder of this act, but shall be confined
 in its  operation  to  the  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the  intent of the legislature that this act would have been enacted
 even if such invalid clause, sentence, paragraph,  subdivision,  section
 or part had not been included herein.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S972A (ACTIVE) - Details

See Assembly Version of this Bill:: A6620
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Public Housing Law
Laws Affected:: Add Art 14 §§600 - 606, Pub Hous L
Versions Introduced in 2019-2020 Legislative Session:: S8443, A10478

2021-S972A (ACTIVE) - Summary

2021-S972A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S972A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public housing law, in relation to establishing the
COVID-19 emergency homeownership stability program

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide emergency relief to homeowners suffering a substantial loss
of income due to the outbreak of the novel coronavirus of 2019.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the Public Housing Law to establish a COVID-19 Emer-
gency Homeownership Stability Program. This program aims to create a
parallel level of assistance for property owners experiencing difficulty
paying their property taxes due to loss of income associated with
COVID-19, as is proposed to assist renters in pending legislation known
as the COVID-19 Emergency Rental Assistance Program (S2742C of 2021).

Section 600 defines terms.

Section 601 authorizes the Commissioner of New York Homes and Community
Renewal, and the housing finance agency, to implement the COVID-19 emer-
gency homeownership stability program pursuant to the provisions of the
new Article as soon as practicable, subject to appropriation.

Section 602 defines eligibility for the program as those homeowners who,
because of the COVID-19 outbreak, have suffered a substantial loss of
income and have homeownership payments greater than 30% of their new
income.

Section 603 provides that tax lien foreclosure cannot be commenced
against a homeowner who had applied for the program unless or until
their ineligibility has been determined.

Section 604 provides that mortgage foreclosure cannot be commenced
against a homeowner who had applied for the program unless or until
their ineligibility has been determined.

Section 605 provides for the payment directly to the homeowner.

Section 2. Severability Clause Section 3. Effective Date.

 
JUSTIFICATION:

The 2020 outbreak of COVID-19 has touched every part of our economy.
With state and local governments mandating the shuttering of all but
essential businesses in the interest of protecting public health, New
York has seen a rapid and unprecedented economic decline. Many New York-
ers, facing severely reduced or entirely lost wages, will not be able to
keep up with real property tax payments, monthly mortgage and utility
payments, and insurance payments during this time. With some property
tax payments being delayed and some banks temporarily delaying mortgage
payments, the immediate danger of mass displacement has been averted,
but only temporarily. Once the public health crisis abates and forbear-
ance ends, many New Yorkers will be vulnerable to losing their homes.
The program established in this bill will bring relief those whose abil-
ity to pay has been diminished or eliminated through no fault of their
own.

Emergency homeownership relief will remedy the worse effects of the
public health and economic crisis New York is facing, keep people in
their homes as they get back to work, and stabilize our communities.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8443/A10478

 
FISCAL IMPLICATIONS:

The cost of the COVID-19 Emergency Homeownership Stability Program will
depend on the duration of the business closures in response to COVID-19,
the speed with which New Yorkers are able to recover from the economic
crisis, the availability of other sources of income, including other
sources of emergency relief, such as enhanced unemployment benefits, and
other factors that cannot be assessed at this time. As emergency funds
become available, through federal relief legislation or other sources,
this bill will create an effective mechanism for delivering assistance
where it is needed most.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S972A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  972--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, KAVANAGH, ADDABBO, BROOKS, COMRIE, HARCK-
   HAM, KAMINSKY, KAPLAN, MAY, SKOUFIS, THOMAS -- read twice and  ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction  and  Community Development -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the public housing law, in relation to establishing the
   COVID-19 emergency homeownership stability 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
 14 to read as follows:
                                ARTICLE 14
            COVID-19 EMERGENCY HOMEOWNERSHIP STABILITY PROGRAM
 SECTION 600. DEFINITIONS.
         601. AUTHORITY TO  IMPLEMENT  COVID-19  EMERGENCY  HOMEOWNERSHIP
                STABILITY PROGRAM.
         602. ELIGIBILITY.
         603. TAX LIEN FORECLOSURE.
         604. MORTGAGE FORECLOSURE.
         605. APPLICATION.
         606. PAYMENT.
   §  600. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADJUSTED INCOME" SHALL MEAN INCOME MINUS ANY DEDUCTIONS  ALLOWABLE
 AT  THE  DISCRETION  OF  THE  COMMISSIONER  PURSUANT TO THIS SECTION. IN
 DETERMINING THE INCOME OF A HOUSEHOLD FOR THE  PURPOSES  OF  THIS  PARA-
 GRAPH, INCOME SHALL BE CONSIDERED TO INCLUDE ONLY INCOME THAT THE HOUSE-
 HOLD  IS  RECEIVING  AT  THE TIME OF APPLICATION FOR ASSISTANCE FROM THE
 PROGRAM AND ANY INCOME RECENTLY TERMINATED SHALL NOT BE INCLUDED, EXCEPT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03812-03-1

 S. 972--A                           2
 
 THAT FOR PURPOSES OF  HOUSEHOLDS  RECEIVING  ASSISTANCE  FOR  ARREARAGES
 INCOME  MAY  INCLUDE  THE INCOME THAT THE HOUSEHOLD WAS RECEIVING AT THE
 TIME SUCH ARREARAGES WERE INCURRED.
   2.  "INCOME"  SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF THE
 HOUSEHOLD, INCLUDING ALL WAGES, TIPS, OVERTIME, SALARY, RECURRING GIFTS,
 RETURNS ON INVESTMENTS, WELFARE ASSISTANCE,  SOCIAL  SECURITY  PAYMENTS,
 CHILD  SUPPORT  PAYMENTS, UNEMPLOYMENT BENEFITS, ANY BENEFIT, PAYMENT OR
 CASH GRANT WHOSE PURPOSE IS TO ASSIST WITH RENTAL PAYMENTS, ANY PAYMENTS
 WHOSE PURPOSE IS TO REPLACE LOST INCOME, AND ANY OTHER GOVERNMENT  BENE-
 FIT  OR  CASH  GRANT.  THE  TERM  "INCOME" SHALL NOT INCLUDE: EMPLOYMENT
 INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE, EMPLOYMENT INCOME FROM
 CHILDREN EIGHTEEN YEARS OF AGE OR  OLDER  WHO  ARE  FULL-TIME  STUDENTS,
 FOSTER  CARE PAYMENTS, SPORADIC GIFTS, GROCERIES PROVIDED BY PERSONS NOT
 LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENE-
 FITS, EARNED INCOME DISREGARD, OR THE EARNED INCOME TAX CREDIT.
   3. "QUALIFIED PROPERTY" MEANS 1-4  FAMILY  RESIDENTIAL  REAL  PROPERTY
 OWNED BY THE HOMEOWNER OF WHICH ONE DWELLING UNIT IS USED EXCLUSIVELY AS
 THE HOMEOWNER'S PRIMARY RESIDENCE.
   4.  "PROPERTY  TAX" SHALL MEAN A TAX LEVIED, OR PORTION OF THOSE TAXES
 LEVIED, BY OR ON BEHALF OF  ANY  COUNTY,  CITY,  TOWN,  VILLAGE,  SCHOOL
 DISTRICT  OR SPECIAL DISTRICT ON THE QUALIFIED PROPERTY WHICH IS ATTRIB-
 UTABLE TO THE PERIOD FROM JANUARY  TWENTY-SECOND,  TWO  THOUSAND  TWENTY
 THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   5.  "REVERSE MORTGAGE LOAN" SHALL HAVE THE SAME MEANING AS SECTION TWO
 HUNDRED EIGHTY OF THE REAL PROPERTY LAW.
   6. "HOMEOWNER" SHALL MEAN A PERSON OR PERSONS WHO IS A RESIDENT OF THE
 STATE AND WHO OWNS AND PRIMARILY RESIDES IN  QUALIFIED  PROPERTY  WITHIN
 THE STATE.
   7.  "HOMEOWNERSHIP  EXPENSES"  SHALL  MEAN  MORTGAGE PAYMENTS, REVERSE
 MORTGAGE PAYMENTS, PROPERTY TAXES, HOMEOWNERS INSURANCE PAYMENTS,  FLOOD
 INSURANCE PAYMENTS, MORTGAGE INSURANCE PAYMENTS, HOMEOWNERS' ASSOCIATION
 FEES, CONDOMINIUM ASSOCIATION FEES, COMMON CHARGES, OR UTILITY PAYMENTS.
 HOMEOWNERSHIP  PAYMENTS  SHALL  NOT  INCLUDE: ANY MORTGAGE PAYMENTS THAT
 HAVE BEEN PLACED IN FORBEARANCE AT  THE  TIME  OF  APPLICATION  IF  SUCH
 FORBEARANCE EXTENDS BEYOND THE COVERED PERIOD.
   8.  "OTHER  FEES  ASSOCIATED  WITH HOMEOWNERSHIP" SHALL MEAN PRINCIPAL
 REDUCTION OF A MORTGAGE AND EXPENSES INCURRED FACILITATING INTEREST RATE
 REDUCTIONS ON A MORTGAGE.
   9. "UTILITY" SHALL MEAN ELECTRIC, GAS, WATER,  AND  INTERNET  SERVICE,
 INCLUDING  BROADBAND  INTERNET  SERVICE  AS DEFINED IN SECTION 8.1(B) OF
 TITLE 47, CODE OF FEDERAL REGULATIONS (OR ANY SUCCESSOR REGULATION).
   10. "FAIR MARKET RENT" SHALL MEAN THE FAIR MARKET RENT FOR EACH RENTAL
 AREA AS PROMULGATED ANNUALLY BY THE UNITED STATES DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT'S OFFICE OF POLICY DEVELOPMENT AND RESEARCH PURSU-
 ANT TO 42 U.S.C. 1437(F).
   11.  "COMMISSIONER"  SHALL MEAN THE COMMISSIONER OF NEW YORK HOMES AND
 COMMUNITY RENEWAL.
   12. "COVERED PERIOD" MEANS THE PERIOD BEGINNING JANUARY TWENTY-SECOND,
 TWO THOUSAND TWENTY AND ENDING ON THE DATE THAT IS THIRTY DAYS AFTER THE
 DATE ON WHICH SUCH STATE DISASTER EMERGENCY ENDS.
   13. "MORTGAGE" MEANS ANY CREDIT TRANSACTION THAT IS: (A) SECURED BY  A
 MORTGAGE,  DEED  OF  TRUST,  OR  OTHER CONSENSUAL SECURITY INTEREST ON A
 PRINCIPAL RESIDENCE OF A BORROWER THAT IS A 1- TO 4-UNIT  DWELLING;  AND
 (B)  THE  UNPAID  PRINCIPAL  BALANCE OF WHICH WAS, AT THE TIME OF ORIGI-
 NATION, NOT MORE THAN THE CONFORMING LOAN LIMIT.

 S. 972--A                           3
 
   14. "CONFORMING LOAN LIMIT" MEANS THE APPLICABLE LIMITATION  GOVERNING
 THE  MAXIMUM  ORIGINAL  PRINCIPAL  OBLIGATION OF A MORTGAGE SECURED BY A
 SINGLE-FAMILY RESIDENCE, A MORTGAGE SECURED BY A 2-FAMILY  RESIDENCE,  A
 MORTGAGE  SECURED  BY  A  3-FAMILY RESIDENCE, OR A MORTGAGE SECURED BY A
 4-FAMILY  RESIDENCE,  AS  DETERMINED AND ADJUSTED ANNUALLY UNDER SECTION
 302(B)(2) OF THE FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER  ACT  (12
 U.S.C.  1717(B)(2)) AND SECTION 305(A)(2) OF THE FEDERAL HOME LOAN MORT-
 GAGE CORPORATION ACT (12 U.S.C. 1454(A)(2)).
   § 601.    AUTHORITY  TO  IMPLEMENT  COVID-19  EMERGENCY  HOMEOWNERSHIP
 STABILITY  PROGRAM.   THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED
 TO IMPLEMENT, AS SOON AS PRACTICABLE, A PROGRAM FOR FINANCIAL ASSISTANCE
 TO ALLOW A HOMEOWNER TO REINSTATE A MORTGAGE OR  TO  PAY  OTHER  HOUSING
 RELATED  COSTS  RELATED  TO  A  PERIOD  OF  FORBEARANCE,  DELINQUENCY OR
 DEFAULT; ASSISTANCE WITH HOMEOWNERSHIP EXPENSES; AND OTHER FEES  RELATED
 TO  HOMEOWNERSHIP FOR THOSE ELIGIBLE PURSUANT TO SECTION SIX HUNDRED TWO
 OF THIS ARTICLE. SUCH PROGRAM SHALL BE FUNDED WITH ALL  FUNDS  ALLOCATED
 TO  THE  STATE  OF  NEW YORK FROM THE HOMEOWNER ASSISTANCE FUND, AND ANY
 STATE FUNDS APPROPRIATED FOR SUCH PROGRAM. THE COMMISSIONER SHALL ADOPT,
 ON AN EMERGENCY BASIS PURSUANT TO SUBDIVISION SIX OF SECTION TWO HUNDRED
 TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ANY  RULES  NECESSARY  TO
 CARRY  OUT THE PROVISIONS OF THIS ARTICLE. THE COMMISSIONER MAY DELEGATE
 THE ADMINISTRATION OF ANY PORTIONS OF THIS PROGRAM TO ANY STATE  AGENCY,
 CITY,  COUNTY,  TOWN,  VILLAGE, OR NON-PROFIT ORGANIZATION IN ACCORDANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   § 602.  ELIGIBILITY.  THE COMMISSIONER SHALL PROMULGATE STANDARDS  FOR
 DETERMINING  ELIGIBILITY FOR THIS PROGRAM. A HOMEOWNER SHALL BE ELIGIBLE
 FOR THIS PROGRAM IF:
   1. THE HOMEOWNER, DURING THE COVERED PERIOD:
   (A) APPLIED AND QUALIFIED FOR UNEMPLOYMENT INSURANCE BENEFITS; OR
   (B) EXPERIENCED A SIGNIFICANT LOSS OF INCOME DURING THE COVERED  PERI-
 OD; AND
   (C)  THE SUM TOTAL OF ALL HOMEOWNERSHIP PAYMENTS THAT CAME DUE OR WILL
 BE OWED DURING THE COVERED PERIOD IS GREATER THAN THIRTY PERCENT OF  THE
 HOMEOWNER'S  INCOME  FOR  THE  YEAR  TWO THOUSAND TWENTY OR TWO THOUSAND
 TWENTY-ONE.
   2. IN ADDITION TO THE ELIGIBILITY CRITERIA ABOVE, THE COMMISSIONER MAY
 PROMULGATE LIMITS ON ASSETS AS PART OF ANY DETERMINATION OF  ELIGIBILITY
 FOR THIS PROGRAM.
   3.  A  HOMEOWNER  SHALL  NOT BE ELIGIBLE FOR THIS PROGRAM IF THEIR TWO
 THOUSAND TWENTY OR TWO THOUSAND TWENTY-ONE ANNUAL INCOME  IS  AN  AMOUNT
 EQUAL  TO  OR  GREATER THAN THEIR INCOME FOR THE YEAR TWO THOUSAND NINE-
 TEEN.
   4. ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED  BY  THE  COMMIS-
 SIONER  SHALL  BE  RESOLVED  IN  FAVOR OF THE APPLICANT WHEN DETERMINING
 ELIGIBILITY.
   5.  NOT LESS THAN SIXTY PERCENT OF THE AMOUNT MADE  AVAILABLE  TO  THE
 STATE  SHALL  BE  USED  FOR EMERGENCY HOMEOWNERSHIP PAYMENTS THAT ASSIST
 HOMEOWNERS HAVING INCOMES EQUAL TO OR  LESS  THAN  THE  GREATER  OF  ONE
 HUNDRED  PERCENT  OF THE AREA MEDIAN INCOME FOR THEIR HOUSEHOLD SIZE, OR
 THE MEDIAN INCOME OF THE UNITED STATES, AS DETERMINED BY  THE  SECRETARY
 OF  HOUSING  AND  URBAN  DEVELOPMENT.  THE COMMISSIONER SHALL PRIORITIZE
 REMAINING FUNDS TO POPULATIONS OR GEOGRAPHIES EXPERIENCING THE  GREATEST
 NEED.
   6.  THE  COMMISSIONER  MAY ESTABLISH PREFERENCE IN PROCESSING APPLICA-
 TIONS FOR THIS PAYMENT.  SUCH PREFERENCE MAY INCLUDE ANY OR ALL  OF  THE
 FOLLOWING:

 S. 972--A                           4
 
   (A) THE HOMEOWNER'S HISTORICAL INCOME LEVEL PRIOR TO THE COVERED PERI-
 OD AS IT RELATES TO THE AREA MEDIAN INCOME;
   (B)  THE  HOMEOWNER'S  CURRENT INCOME AS IT RELATES TO THE AREA MEDIAN
 INCOME;
   (C) THE TAXPAYER'S PROPERTY TAX BURDEN;
   (D) THE PERCENTAGE OF INCOME THE HOMEOWNER LOST;
   (E) THE HOMEOWNER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE; AND
   (F) THE CURRENT INCOME OF ANY ADDITIONAL PARTIES ON THE DEED  FOR  THE
 QUALIFIED  PROPERTY  WHO  ARE  NOT HOMEOWNERS AS DEFINED IN THIS SECTION
 AND, TO THE EXTENT THAT ANY MORTGAGE  PAYMENTS  ARE  CONSIDERED  IN  THE
 TOTAL  SUM  REACHED  IN  PARAGRAPH  (B) OF THIS SUBDIVISION, THE CURRENT
 INCOME OF ANY ADDITIONAL PARTIES TO THE MORTGAGE.
   § 603. TAX LIEN FORECLOSURE.  NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE CONTRARY, A TAX LIEN FORECLOSURE INITIATED PURSUANT TO ARTICLE ELEV-
 EN  OF  THE  REAL PROPERTY TAX LAW WHICH INCLUDES UNPAID TAXES THAT CAME
 DUE DURING THE COVERED PERIOD CANNOT BE COMMENCED  AGAINST  A  HOMEOWNER
 WHO  HAS  APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A FINAL DETERMINATION
 OF INELIGIBILITY HAS BEEN ISSUED.  THE ACTION MAY  PROCEED  NINETY  DAYS
 AFTER THE DETERMINATION OF INELIGIBILITY OR AFTER PAYMENT IS RELEASED BY
 THE COMMISSIONER.
   §  604.  MORTGAGE FORECLOSURE. NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY, A MORTGAGE FORECLOSURE  ON  A  HOME  LOAN  AS  DEFINED  BY
 SECTION   THIRTEEN  HUNDRED  FOUR  OF  THE  REAL  PROPERTY  ACTIONS  AND
 PROCEEDINGS LAW WHICH INCLUDES UNPAID MORTGAGE PAYMENTS  THAT  CAME  DUE
 DURING THE COVERED PERIOD CANNOT BE COMMENCED OR PROCEED AGAINST A HOME-
 OWNER  WHO HAS APPLIED FOR THIS PROGRAM UNLESS OR UNTIL A FINAL DETERMI-
 NATION OF INELIGIBILITY HAS BEEN ISSUED.  THE ACTION MAY PROCEED  NINETY
 DAYS  AFTER  THE  DETERMINATION  OF  INELIGIBILITY  OR  AFTER PAYMENT IS
 RELEASED BY THE HOUSING FINANCE AGENCY.
   § 605. APPLICATION.  ELIGIBLE HOMEOWNERS MAY APPLY FOR ASSISTANCE FROM
 THIS PROGRAM FOR:
   (A) FINANCIAL ASSISTANCE TO ALLOW A HOMEOWNER TO REINSTATE A  MORTGAGE
 OR  TO  PAY  OTHER HOUSING-RELATED COSTS RELATED TO A PERIOD OF FORBEAR-
 ANCE, DELINQUENCY, OR DEFAULT; AND/OR
   (B) ANY DELINQUENT HOMEOWNERSHIP EXPENSES THAT  CAME  DUE  DURING  THE
 COVERED PERIOD; AND/OR
   (C)  OTHER  FEES RELATED TO HOMEOWNERSHIP. THE COMMISSIONER SHALL MAKE
 SUCH APPLICATION AVAILABLE NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE
 DATE OF THIS PROGRAM.
   § 606. PAYMENT.  1. THE COMMISSIONER SHALL  MAKE  A  ONE-TIME  PAYMENT
 DIRECTLY  TO  ELIGIBLE HOMEOWNERS PURSUANT TO SECTION SIX HUNDRED TWO OF
 THIS ARTICLE TO COVER FINANCIAL ASSISTANCE TO ALLOW A HOMEOWNER TO REIN-
 STATE A MORTGAGE OR TO PAY OTHER HOUSING  RELATED  COSTS  RELATED  TO  A
 PERIOD OF FORBEARANCE, DELINQUENCY OR DEFAULT AND/OR DELINQUENT HOMEOWN-
 ERSHIP  EXPENSES  THAT  CAME DUE DURING THE COVERED PERIOD. SUCH PAYMENT
 SHALL NOT EXCEED THE AMOUNT EQUIVALENT TO ONE HUNDRED FIFTY  PERCENT  OF
 THE FAIR MARKET RENT FOR THE AREA AND HOUSEHOLD SIZE TIMES THE NUMBER OF
 MONTHS  FOR  WHICH  ASSISTANCE IS REQUESTED. IF, AFTER SIXTY DAYS, FUNDS
 REMAIN, THE COMMISSIONER MAY PROVIDE ASSISTANCE FOR EXPENSES RELATED  TO
 HOMEOWNERSHIP.
   2. ANY PAYMENT RECEIVED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO
 PAY  THE  HOMEOWNERSHIP EXPENSES AND OTHER FEES RELATED TO HOMEOWNERSHIP
 FOR WHICH THE HOMEOWNER APPLIED FOR ASSISTANCE. THE  COMMISSIONER  SHALL
 REQUIRE  FROM ANY RECIPIENT OF FUNDS UNDER THIS SECTION DOCUMENTATION OF
 THE USE OF ANY FUNDS DISBURSED PURSUANT TO THIS  SECTION  WITHIN  THIRTY
 DAYS OF RECEIPT. IF NINETY DAYS AFTER RECEIPT, ANY FUNDS RECEIVED PURSU-

 S. 972--A                           5
 
 ANT  TO  THIS SECTION ARE NOT USED FOR DOCUMENTED HOMEOWNERSHIP EXPENSES
 AND OTHER FEES RELATED TO HOMEOWNERSHIP FOR WHICH THE HOMEOWNER  APPLIED
 FOR ASSISTANCE, SUCH FUNDS MAY BE SUBJECT TO REPAYMENT.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate the remainder of this act, but shall be confined
 in its  operation  to  the  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the  intent of the legislature that this act would have been enacted
 even if such invalid clause, sentence, paragraph,  subdivision,  section
 or part had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S972A

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2021-S972 - Details

2021-S972 - Summary

2021-S972 - Sponsor Memo

2021-S972 - Bill Text download pdf

co-Sponsors

2021-S972A (ACTIVE) - Details

2021-S972A (ACTIVE) - Summary

2021-S972A (ACTIVE) - Sponsor Memo

2021-S972A (ACTIVE) - Bill Text download pdf

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Senate Bill S972A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2021-S972 - Details

2021-S972 - Summary

2021-S972 - Sponsor Memo

2021-S972 - Bill Text download pdf

co-Sponsors

2021-S972A (ACTIVE) - Details

2021-S972A (ACTIVE) - Summary

2021-S972A (ACTIVE) - Sponsor Memo

2021-S972A (ACTIVE) - Bill Text download pdf

Comments