S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8601
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the private housing finance law, in relation  to  estab-
   lishing the manufactured home community preservation act; and to amend
   the  public  authorities law, in relation to the distribution of funds
   in the mortgage insurance fund

   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 20-A to read as follows:
                               ARTICLE XX-A
               MANUFACTURED HOME COMMUNITY PRESERVATION ACT
 SECTION 1125. DEFINITIONS.
         1126. STATE MOBILE AND MANUFACTURED HOME  COMMUNITIES  PRESERVA-
                 TION PROGRAM.
         1127. FINANCIAL   SUPPORT   TO  ACQUIRE  DEVELOPMENT  RIGHTS  OR
                 PURCHASE MOBILE HOME AND MANUFACTURED HOME PARKS.
   § 1125. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "DEVELOPMENT RIGHTS" MEANS THE RIGHTS OF THE FEE  SIMPLE  OWNER  TO
 DEVELOP,  CONSTRUCT  ON,  DIVIDE,  SELL,  LEASE, OR OTHERWISE CHANGE THE
 PROPERTY FROM ITS CURRENT USE AS A  MOBILE  HOME  OR  MANUFACTURED  HOME
 PARK, OR OTHER AFFORDABLE HOUSING OPTION AS PERMITTED BY THE LAND COVEN-
 ANT  AT THE TIME OF SALE. DEVELOPMENT RIGHTS INCLUDE THE EXERCISE OF THE
 OWNER'S RIGHTS TO SELL OR GRANT EASEMENTS OR RIGHTS  OF  WAY,  OR  OTHER
 RIGHTS IF BY THAT EXERCISE THE USE OF THE LAND AS A MOBILE HOME OR MANU-
 FACTURED  HOME  PARK  IS  DIMINISHED;  PROVIDED,  HOWEVER, THAT THE TERM
 "DEVELOPMENT RIGHTS" SHALL NOT INCLUDE THE RIGHTS OF THE OWNER TO  SELL,
 LEASE,  OR OTHERWISE IMPROVE THE LAND TO PRESERVE, MAINTAIN, OPERATE, OR
 CONTINUE THE LAND AS A MOBILE HOME OR  MANUFACTURED  HOME  PARK  OR  ALL
 OTHER  CUSTOMARY  RIGHTS AND PRIVILEGE OF OWNERSHIP, INCLUDING THE RIGHT
 TO PRIVACY.
   2. "CURRENT PROPERTY VALUE" MEANS THE FAIR MARKET VALUE OF A  PROPERTY
 THAT  IS  RESTRICTED  BY  AN EASEMENT OR COVENANT TO ITS USE AS A MOBILE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11580-01-3
              

 A. 8601                             2
 
 HOME OR MANUFACTURED HOME PARK RATHER THAN THE HIGHEST OR BEST POTENTIAL
 USE.
   3. "MOBILE HOME AND MANUFACTURED HOME PARK PROTECTION AGREEMENT" MEANS
 PREEMPTIVE  PURCHASE  RIGHTS  OR  OTHER  PROVISIONS  THAT ARE PART OF OR
 LINKED TO A PROTECTION CONSERVATION EASEMENT OR COVENANT  PROVIDING  THE
 EASEMENT  HOLDER  THE  PREFERENTIAL RIGHT TO PURCHASE A PROTECTED MOBILE
 HOME AND MANUFACTURED HOME PARK AT ITS CURRENT USE VALUE  IN  THE  EVENT
 THE  LANDOWNER INTENDS TO SELL SUCH PROPERTY TO A PURCHASER WHO DOES NOT
 INTEND TO MAINTAIN THE PROPERTY AS A MOBILE HOME AND  MANUFACTURED  HOME
 PARK.
   §  1126.  STATE  MOBILE AND MANUFACTURED HOME COMMUNITIES PRESERVATION
 PROGRAM. 1. THE COMMISSIONER, OR HIS OR HER AUTHORIZED  DESIGNEE,  SHALL
 INITIATE  AND  MAINTAIN A STATE MOBILE AND MANUFACTURED HOME COMMUNITIES
 PRESERVATION PROGRAM TO  PROVIDE  FINANCIAL  AND  TECHNICAL  ASSISTANCE,
 WITHIN  FUNDS  AVAILABLE TO COUNTIES, MUNICIPALITIES, RURAL PRESERVATION
 COMPANIES, AND OTHER NON-PROFIT HOUSING ORGANIZATIONS FOR THEIR  HOUSING
 PRESERVATION EFFORTS.
   2. FOR THE PURPOSES OF SUCH PROGRAM, THE COMMISSIONER SHALL BE AUTHOR-
 IZED TO:
   (A)  DEVELOP GUIDELINES FOR ELIGIBILITY AND AN APPLICATION PROCESS FOR
 FINANCIAL ASSISTANCE;
   (B) PROVIDE TECHNICAL ASSISTANCE OR CONTRACT WITH  THE  RURAL  HOUSING
 COALITION TO PROVIDE TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES;
   (C)  DISSEMINATE  INFORMATION  TO  LOCAL  GOVERNMENTS, MOBILE HOME AND
 MANUFACTURED HOME PARK RESIDENTS, AND HOUSING  ORGANIZATIONS  ABOUT  THE
 PRESERVATION PROGRAM; AND
   (D)  REPORT  BIENNIALLY  TO THE GOVERNOR AND THE LEGISLATURE REGARDING
 THE ACTIVITIES OF THE COMMISSIONER WITH REGARDS TO THE PROGRAM,  INCLUD-
 ING  THE TYPES OF TECHNICAL ASSISTANCE PROVIDED, THE AMOUNT OF FINANCIAL
 ASSISTANCE PROVIDED, AND THE  NUMBER  OF  MOBILE  HOME  PARKS  PRESERVED
 THROUGH THE PROGRAM.
   §  1127.  FINANCIAL  SUPPORT TO ACQUIRE DEVELOPMENT RIGHTS OR PURCHASE
 MOBILE HOME AND MANUFACTURED HOME  PARKS.  WITHIN  THE  LIMIT  OF  FUNDS
 AVAILABLE IN THE MORTGAGE INSURANCE FUND ESTABLISHED PURSUANT TO SECTION
 TWENTY-FOUR  HUNDRED  TWENTY-NINE-B  OF  THE PUBLIC AUTHORITIES LAW, THE
 COMMISSIONER IS HEREBY AUTHORIZED TO PROVIDE FINANCIAL SUPPORT TO  LOCAL
 GOVERNMENTS  OR ELIGIBLE NON-PROFIT HOUSING ORGANIZATIONS, SUCH AS RURAL
 PRESERVATION COMPANIES, LAND BANKS OR COMMUNITY LAND TRUSTS  TO  ACQUIRE
 THE  DEVELOPMENT RIGHTS OR OUTRIGHT PURCHASE OF MOBILE HOME AND MANUFAC-
 TURED HOME PARKS. SUCH FUNDS MAY BE USED TO ADMINISTER AND  ASSIST  WITH
 THE RELOCATION OF RESIDENTS AND/OR THEIR MOBILE OR MANUFACTURED HOMES TO
 OTHER  LOCATIONS  WITHIN THE STATE AS PER REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   § 2. Subdivision 1-a of section 2429-b of the public authorities  law,
 as amended by section 13 of chapter 3 of the laws of 2004, is amended to
 read as follows:
   1-a. All moneys held in the mortgage insurance fund, except as herein-
 after  provided,  shall  be used, as required, solely for the payment of
 the agency's liabilities arising from mortgages insured as  provided  in
 section  twenty-four  hundred  twenty-nine-a  of  this part and from the
 provision of development  corporation  credit  support  as  provided  in
 section  twenty-four  hundred  twenty-eight-a  of  this part AND FOR THE
 PROVISION OF FINANCIAL SUPPORT TO LOCAL GOVERNMENTS  AND  ELIGIBLE  NON-
 PROFIT  HOUSING ORGANIZATIONS PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-
 SEVEN OF THE PRIVATE HOUSING FINANCE LAW;  provided,  however,  that  no
 moneys shall be withdrawn from any account at any time in such amount as
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 would  reduce  the amount of, as applicable, the special account, either
 pool insurance account or the  development  corporation  credit  support
 account to less than its applicable mortgage insurance fund requirement,
 except for the purpose of paying such liabilities as the same become due
 and  for  the payment of which other moneys of the agency are not avail-
 able. All payments pursuant to section twenty-four hundred twenty-nine-a
 of this part, and expenses attributable thereto shall be debited to  the
 special  account  or  the  single  family  pool insurance account or the
 project pool insurance account or  the  development  corporation  credit
 support account, as appropriate, within the mortgage insurance fund. All
 other  operating  expenses  of  the  agency with respect to insurance of
 mortgages and providing development corporation credit support shall  be
 debited  to  the  special  account,  the  single  family  pool insurance
 account, the project pool insurance account or  the  development  corpo-
 ration  credit  support  account  within the mortgage insurance fund, as
 appropriate.
   § 3. Subdivision 1-a of section 2429-b of the public authorities  law,
 as amended by section 15 of chapter 3 of the laws of 2004, is amended to
 read as follows:
   1-a. All moneys held in the mortgage insurance fund, except as herein-
 after  provided,  shall  be used, as required, solely for the payment of
 the agency's liabilities arising from mortgages insured as  provided  in
 section  twenty-four  hundred  twenty-nine-a  of  this part and from the
 provision of development  corporation  credit  support  as  provided  in
 section  twenty-four  hundred  twenty-eight-a  of  this part AND FOR THE
 PROVISION OF FINANCIAL SUPPORT TO LOCAL GOVERNMENTS  AND  ELIGIBLE  NON-
 PROFIT  HOUSING ORGANIZATIONS PURSUANT TO SECTION ELEVEN HUNDRED TWENTY-
 SEVEN OF THE PRIVATE HOUSING FINANCE LAW;  provided,  however,  that  no
 moneys shall be withdrawn from any account at any time in such amount as
 would  reduce  the  amount of, as applicable, the special account or the
 development corporation credit support account to less than its applica-
 ble mortgage insurance fund  requirement,  except  for  the  purpose  of
 paying  such  liabilities  as the same become due and for the payment of
 which other moneys of the agency are not available. All payments  pursu-
 ant  to  section  twenty-four  hundred  twenty-nine-a  of this part, and
 expenses attributable thereto shall be debited to the special account or
 the development corporation credit support account within  the  mortgage
 insurance  fund. All other operating expenses of the agency with respect
 to insurance of mortgages and providing development  corporation  credit
 support  shall  be  debited  to  the  special account or the development
 corporation credit support account within the mortgage  insurance  fund,
 as appropriate.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision  1-a  of  section  2429-b  of  the  public
 authorities  law made by section two of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  19  of
 chapter  555  of  the  laws of 1989, as amended, when upon such date the
 provisions of section three of this act shall take effect.