NY State Senate Bill 2023-S7770

Current 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 03, 2024	referred to housing, construction and community development
Nov 27, 2023	referred to rules

2023-S7770 (ACTIVE) - Details

See Assembly Version of this Bill:: A8601
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Private Housing Finance Law
Laws Affected:: Add Art 20-A §§1125 - 1127, Priv Hous Fin L; amd §2429-b, Pub Auth L

2023-S7770 (ACTIVE) - Summary

Establishes the manufactured home community preservation act 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; provides that funds in the mortgage insurance fund can be used to provide financial support to local governments and eligible non-profit housing organizations.

2023-S7770 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7770

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

To ensure that mobile and manufactured home communities remain a viable
affordable housing option for rural communities in the state by purchas-
ing development rights from owners and by providing funding to non-pro-
fit organizations to purchase the mobile and manufactured home community
and preserve its affordability through a covenant in the deed.

 
SUMMARY OF PROVISIONS:

Section one establishes the Manufactured Home Community Preservation
Act, which creates a program to provide financial aid and technical

assistance to local governments and non-profit housing organizations for
housing preservation efforts and grants the commissioner certain author-
izations to facilitate this program. Section one additionally directs
funds from the mortgage insurance fund pursuant to section twenty-four
hundred twenty-nine-b of public authorities' law to provide financial
support to local governments or eligible non-profit housing organiza-
tions to acquire the development rights or to outright purchase mobile
homes and manufactured home parks.

Section two amends section twenty-four hundred twenty-nine-b of the
public authorities law to include a provision in the mortgage insurance
fund for the Manufactured Home Community Preservation Act.

Section three amends section twenty-four hundred twenty-nine-b of the
public authorities law to include a provision in the mortgage insurance
fund for the Manufactured Home Community Preservation Act.

Section four states the effective date.

 
JUSTIFICATION:

Mobile and manufactured home communities or mobile home parks are a
vital affordable housing option in rural parts of the state. However,
manufactured home communities in our state are under threat from real
estate speculators who purchase them, increase rents and fees to drive
out residents, and finally redevelop them into more expensive housing
options. Due in part to this speculation, mobile and manufactured home
communities have declined from 1,800 in 2019 to only 1,200 in 2022.
Because these homes represent 14% of rural housing stock, this loss is a
significant blow to available affordable housing in rural communities.
As New York State faces a dire shortage of housing stock, especially
affordable and workforce housing, we need to focus our efforts on ensur-
ing available housing for low-income earners. Protecting mobile and
manufactured home communities is a crucial part of that effort.

This bill will protect our rural communities from speculators and ensure
that mobile and manufactured homes remain a viable affordable housing
option. It does this in two ways. First, by empowering local governments
or eligible non-profit housing organizations to purchase development
rights from owners, this bill enables owners to retain ownership of the
property and profit from its development potential while ensuring that
the property stays a mobile home park. Second, it allocates funding to
non-profit organizations to purchase mobile home communities and
preserve their affordability through a covenant in the deed.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to subdivision 1-a of section 2429-b of the public authori-
ties law made by section two of this act shall be subject to the expira-
tion 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.

2023-S7770 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7770
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 27, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11580-01-3

 S. 7770                             2
 
   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
 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-
 S. 7770                             3
 
 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, 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.

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Senate Bill S7770

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2023-S7770 (ACTIVE) - Details

2023-S7770 (ACTIVE) - Summary

2023-S7770 (ACTIVE) - Sponsor Memo

2023-S7770 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7770

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2023-S7770 (ACTIVE) - Details

2023-S7770 (ACTIVE) - Summary

2023-S7770 (ACTIVE) - Sponsor Memo

2023-S7770 (ACTIVE) - Bill Text download pdf

Comments