S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5072
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the private housing finance law, in relation to disabled
   veteran access to home for heroes contracts

   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 32 to read as follows:
                               ARTICLE XXXII
                NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
 SECTION 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1291. DEFINITIONS.
         1292. ACCESS TO HOME FOR HEROES CONTRACTS.
   § 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT MANY DISABLED VETERANS IN NEW YORK  STATE
 FACE  A SIGNIFICANT IMPEDIMENT TO ACCESSIBLE AND AFFORDABLE HOUSING AS A
 RESULT OF SERVICE RELATED INJURIES, AGE OR HEALTH RELATED  DISABILITIES.
 THESE  MEN  AND  WOMEN  HAVE SERVED OUR COUNTRY AND STATE WITH HONOR AND
 DISTINCTION AND DESERVE TO ACHIEVE MAXIMUM INDEPENDENCE,  SOCIAL  INTER-
 ACTION  AND  COMMUNITY  INTEGRATION. PROVIDING FINANCIAL ASSISTANCE WITH
 THE COST OF ADAPTING THE DWELLING UNITS OF  OUR  DISABLED  VETERANS,  IS
 FUNDAMENTAL  TO  PROVIDING FOR THE PROMISE OF LIVING SAFELY, COMFORTABLY
 AND PRODUCTIVELY IN THE MOST INTEGRATED SETTING OF THEIR CHOICE.
   § 1291. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2.  "ELIGIBLE  APPLICANT" SHALL MEAN A CITY, TOWN, VILLAGE OR NOT-FOR-
 PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS  PRIOR
 TO  APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCORPORATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03104-01-3
 S. 5072                             2
              

 
 UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND HAS SUBSTANTIAL  EXPERIENCE
 IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISABILITIES.
   3. "VETERAN" SHALL MEAN A RESIDENT OF THIS STATE WHO (A) HAS SERVED ON
 ACTIVE  DUTY IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR
 COAST GUARD OR (B) HAS SERVED ON ACTIVE DUTY OR ORDERED TO  ACTIVE  DUTY
 AS  DEFINED  IN  10  USC 101 (D)(1) AS A MEMBER OF THE NATIONAL GUARD OR
 OTHER RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES OR  (C)
 HAS  SERVED ON ACTIVE DUTY OR ORDERED TO ACTIVE DUTY FOR THE STATE, AS A
 MEMBER OF THE STATE ORGANIZED MILITIA AS DEFINED IN SUBDIVISION NINE  OF
 SECTION  ONE OF THE MILITARY LAW AND HAS BEEN RELEASED FROM SUCH SERVICE
 DOCUMENTED BY AN HONORABLE OR GENERAL DISCHARGE.
   4. "DISABLED VETERAN" SHALL MEAN A VETERAN WHO  IS  CERTIFIED  BY  THE
 UNITED  STATES  DEPARTMENT OF VETERANS AFFAIRS DOCUMENTED BY A LETTER OF
 CERTIFICATION OR THE UNITED STATES DEPARTMENT OF DEFENSE CERTIFICATE  OF
 RELEASE  OR  DISCHARGE  FROM ACTIVE DUTY, INCLUDING BUT NOT LIMITED TO A
 DD-214 FORM OR AN HONORABLE CERTIFICATE/REPORT OF CASUALTY.
   5. "ACCESS TO HOME FOR HEROES PROGRAMS" OR  "PROGRAMS"  SHALL  MEAN  A
 SERIES  OF  ACTIVITIES  BY  AN ELIGIBLE APPLICANT TO ADMINISTER FUNDS TO
 PROVIDE GRANTS TO HOMEOWNERS AND RENTERS AND TO OVERSEE  THE  ADAPTATION
 OR RETROFITTING OF ELIGIBLE PROPERTIES.
   6.  "ELIGIBLE  PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE PRIMARY
 RESIDENCE OF A DISABLED VETERAN AND A TOTAL HOUSEHOLD INCOME  THAT  DOES
 NOT EXCEED ONE HUNDRED AND TWENTY PERCENT OF AREA MEDIAN INCOME. A PROP-
 ERTY  SHALL  NOT  BE CONSIDERED AN ELIGIBLE PROPERTY IF THE OWNER OF THE
 PROPERTY IS OTHERWISE OBLIGATED  BY  FEDERAL,  STATE  OR  LOCAL  LAW  TO
 PROVIDE THE IMPROVEMENTS FUNDED UNDER THIS ARTICLE.
   §  1292.  ACCESS  TO HOME FOR HEROES CONTRACTS. 1. WITHIN THE LIMIT OF
 FUNDS AVAILABLE IN THE ACCESS TO HOME FOR  HEROES  PROGRAM,  THE  CORPO-
 RATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLI-
 CANTS  TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF AN ACCESS
 TO HOME FOR HEROES PROGRAM. THE FINANCIAL ASSISTANCE  SHALL  BE  IN  THE
 FORM  OF  GRANTS. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED
 PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS
 TO HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY.
   2. THE TOTAL PAYMENT PURSUANT TO ANY ONE  CONTRACT  SHALL  NOT  EXCEED
 FIVE  HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE FOR
 COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
 EIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS  COMMENCE-
 MENT.  UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT
 FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE  SHOWN  BY  THE
 ELIGIBLE APPLICANT.
   3. THE CORPORATION MAY AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND UP TO
 SEVEN  AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED ADMINIS-
 TRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
   4. THE CORPORATION SHALL REQUIRE  THAT,  IN  ORDER  TO  RECEIVE  FUNDS
 PURSUANT  TO  THIS  ARTICLE,  THE ELIGIBLE APPLICANT SHALL SUBMIT A PLAN
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY,  IMPACT
 ON  THE  COMMUNITY,  BUDGET FOR EXPENDITURE OF PROGRAM FUNDS, A SCHEDULE
 FOR COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY  BUSINESS
 PARTICIPATION.
   § 2. This act shall take effect immediately.