|SAME AS||SAME AS S08141|
|COSPNSR||Robinson, Dilan, Hyndman, Lupardo|
|Amd §§2401 & 2404, add §2405-f, Pub Auth L|
|Establishes the New York state community restoration fund.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10730 SPONSOR: Rules (Weinstein)
TITLE OF BILL: An act to amend the public authorities law, in relation to establishing the New York state community restoration fund   PURPOSE: This bill would amend the State of New York Mortgage Agency Act (the "Act") to create the New York State Community Restoration Fund to assist homeowners who are either delinquent on their mortgage payments or are in danger of going into default because of economic hardship.   SUMMARY OF PROVISIONS: Section one of the bill would amend Section 2401 of the Act to set forth the Legislative intent. Section two of the bill would amend § 2404 of the Act to authorize SONY- MA to create: (I) the New York State Community Restoration Fund (the "Fund") and; (ii) a subsidiary to administer and operate such a Fund, including the right to own, acquire and dispose of real property, mort- gages and mortgage notes. Section three of the bill would create a new § 2405-f of the Act to - define certain terms, including: "vacant and abandoned" which shall be a property that is not occupied by an owner or tenant and where the property is either a health and safety risk, has been deemed unsafe for occupancy by the relevant governmental entity, or the homeowner or mort- gagor has informed the mortgagee in writing of their intention to not occupy the property - establish that federally certified Community Development Financial Institutions, non-profit or housing counseling agencies, land banks or local governments are eligible to work in partnership with the fund; - authorize SONYMA to administer the fund, and to utilize the funds' resources to acquire, purchase, modify, rehabilitate, demolish, and or sell residences and/or mortgage notes at par or at below market prices based upon guidelines established by SONYMA in consultation with a seven-member advisory board, comprised of a majority of non-profit community members, provided that the homeowner can demonstrate economic hardship. - Authorize SONYMA to rehabilitate distressed properties, demolish homes that are dilapidated beyond repair and fund not-for-profit developers, agencies and affordable housing developers to acquire vacant and aban- doned properties, based upon specific criteria set forth in the afore- mentioned guidelines. Section four would provide the effective date and severability provisions.   STATEMENT IN SUPPORT: This bill would provide a key tool for the State to address foreclosure crisis, and make use of the expertise of SONYMA, the State's primary single-family financing agency.   BUDGET IMPLICATIONS: None   EFFECTIVE DATE: The bill would take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 10730 IN ASSEMBLY June 14, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein, Robinson) -- (at request of the Governor) -- read once and referred to the Committee on Housing AN ACT to amend the public authorities law, in relation to establishing the New York state community restoration fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2401 of the public authorities law, is amended by 2 adding a new closing paragraph to read as follows: 3 It is further found and determined that there is a need to establish a 4 program to assist homeowners in the state of New York who have been 5 affected by the national mortgage crisis who are either delinquent on 6 their mortgage payments or are in danger of going into default because 7 of economic hardship, as such term is defined under the agency's guide- 8 lines, in consultation with the advisory council established in subdivi- 9 sion three of section twenty-four hundred five-f of this part, who may 10 lose their homes to foreclosure, or who may have abandoned their homes 11 due to economic hardship and who may benefit from assistance. In addi- 12 tion, the existence of vacant, abandoned, distressed, dilapidated or 13 reasonably beyond repair properties may contribute to the persistence of 14 conditions that increase blight and add to the deterioration of the 15 quality of the environment and living conditions of a large number of 16 persons residing in the state. To address these conditions, it is hereby 17 found and determined that the state of New York mortgage agency shall be 18 authorized to create and manage a fund to acquire residences and to 19 purchase mortgages and mortgage notes, or to provide monies to eligible 20 institutions to acquire residences and to purchase mortgages and mort- 21 gage notes and to carry out such other functions in connection with such 22 acquisitions as are necessary to accomplish the purposes of this para- 23 graph. In connection therewith, the state of New York mortgage agency 24 shall be authorized to create a subsidiary corporation to carry out the 25 program authorized under this paragraph. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12089-01-6A. 10730 2 1 § 2. Subdivision 31 of section 2404 of the public authorities law, as 2 renumbered by chapter 151 of the laws of 2013, is renumbered subdivision 3 33 and two new subdivisions 31 and 32 are added to read as follows: 4 (31) To administer the fund and operate the program set forth in 5 section twenty-four hundred five-f of this part. 6 (32) To form a subsidiary to be known as "the state of New York mort- 7 gage agency community restoration fund" for the purpose of using funds 8 available to the agency under the program set forth in section twenty- 9 four hundred five-f of this part and of owning and holding any resi- 10 dences, mortgages and mortgage notes acquired by the agency, and to 11 otherwise carry out the purposes of section twenty-four hundred five-f 12 of this part. Such subsidiary created pursuant to this subdivision may 13 exercise and perform one or more of the purposes, powers, duties, func- 14 tions, rights and responsibilities of the agency, other than the issu- 15 ance of indebtedness, in connection with real and personal property with 16 respect to which the agency holds or held a mortgage, security interest 17 or other collateral. Such subsidiary shall have the power to own, 18 acquire and dispose of real property, and to acquire, own and hold, 19 service and dispose of mortgages and mortgage notes. It shall have the 20 right to foreclose or contract to foreclose on any mortgage acquired by 21 such subsidiary, under the laws of the state, to commence any action to 22 protect or to enforce the rights conveyed to it by law, contract or any 23 agreement and to dispose of any such property and to otherwise proceed 24 with any action as may be necessary to protect the interests of said 25 subsidiary. Notwithstanding any other provision of law to the contrary, 26 the transfer of title to such subsidiary or any other actions taken by 27 the agency or such subsidiary to enforce the agency's rights under the 28 mortgage, security interest or other collateral interest or to protect, 29 acquire, own, manage or dispose of the property shall be deemed to be a 30 corporate purpose of the agency granted to it to carry out the purposes 31 of section twenty-four hundred five-f of this part. Such subsidiary 32 shall be established in the form of a public benefit corporation by 33 executing and filing with the secretary of state a certificate of incor- 34 poration which shall identify the agency as the entity organizing such 35 subsidiary and set forth the name of such subsidiary public benefit 36 corporation, its duration, the location of its principal office and its 37 corporate purposes as provided in this subdivision and which certificate 38 may be amended from time to time by the filing of amendments thereto 39 with the secretary of state, provided that the subsidiary created here- 40 under shall cease to exist at such time as the program authorized under 41 section twenty-four hundred five-f of this part is no longer in exist- 42 ence. Such subsidiary shall be organized as a public benefit corpo- 43 ration, shall be a body politic and corporate, and shall have all the 44 privileges, immunities, tax exemptions and other exemptions of the agen- 45 cy. The members of such subsidiary shall be the same as the members of 46 the agency. 47 § 3. The public authorities law is amended by adding a new section 48 2405-f to read as follows: 49 § 2405-f. New York state community restoration fund. (1) Definitions. 50 For the purposes of this section, the following terms shall have the 51 following meanings: 52 (a) "fund" shall mean the New York state community restoration fund 53 established pursuant to subdivision two of this section; 54 (b) "residential home loan" shall mean a first or subordinate lien 55 loan, including mortgage loans purchased by the agency under section 56 twenty-four hundred five-b of this part, that is secured by a borrower'sA. 10730 3 1 interest in: (i) residential real property, including as defined in 2 section thirteen hundred five of the real property actions and 3 proceedings law, and any improvements or structures thereon; (ii) a 4 share or shares of a cooperative corporation that entitles a borrower to 5 a housing unit; or (iii) a residential structure that is part of a 6 condominium development. Residential home loan shall also include inter- 7 est, taxes, homeownership associations fees, carrying charges, and other 8 liens encumbering the residence; 9 (c) "vacant and abandoned" residential real property shall mean (i) 10 residential real property, as defined in section thirteen hundred five 11 of the real property actions and proceedings law, where the property is 12 not occupied by the tenant, as that term is defined in section thirteen 13 hundred five of the real property actions and proceedings law, homeown- 14 er, or mortgagor and (ii) either: 15 (A) the property is a risk to the health, safety, or welfare of the 16 public, or any adjoining or adjacent property owners, due to acts of 17 vandalism, loitering, criminal conduct, or physical destruction or dete- 18 rioration of the property; or 19 (B) the relevant governmental authority has declared the property 20 unfit for occupancy and either ordered that the property remain vacant 21 and unoccupied or ordered that the property be demolished; or 22 (C) each homeowner or mortgagor has separately informed the mortgagee, 23 in writing, that they do not intend to occupy the property in the 24 future, and 25 (iii) where indicia of lack of occupancy may include, but shall not be 26 limited to: (A) overgrown or dead vegetation; (B) accumulation of news- 27 papers, circulars, flyers, or mail; (C) past due utility notices, 28 disconnected utilities or utilities not in use; (D) accumulation of 29 trash, refuse or other debris; (E) absence of window coverings such as 30 curtains, blinds, or shutters; (F) absence of furnishings or personal 31 items consistent with residential habitation; (G) one or more boarded, 32 missing or broken windows; (H) the property is open to casual entry or 33 trespass; (I) the property has a building or structure that is or 34 appears structurally unsound or has any other condition that presents a 35 potential hazard or danger to the safety of persons, and 36 (iv) where such residential real property shall not be considered 37 "vacant and abandoned" if, on the property: (A) there is an unoccupied 38 building which is undergoing construction, renovation, or rehabilitation 39 that is proceeding to completion, and the building is in compliance with 40 all applicable ordinances, codes, regulations, and statutes; (B) there 41 is a building that is secure, but is the subject of a probate action, 42 action to quiet title, or other similar ownership dispute; (C) there is 43 a building damaged by natural disaster upon declaration of a state 44 disaster emergency by the governor pursuant to section twenty-eight of 45 the executive law relating to any claim arising from the cause of such 46 declaration, while awaiting funds to repair; or (D) there is a building 47 occupied on a seasonal basis, but otherwise secure; 48 (d) "homeowner" shall mean a natural person who has a legal interest 49 in the property other than a tenant and is the occupant of a residence 50 that secures such residential home loan; 51 (e) "eligible institution" shall mean a community development finan- 52 cial institution or a community development financial institution part- 53 nered with a not-for-profit, housing counseling agency, land bank, or 54 other local government entity, or any of the aforementioned, either on 55 their own or partnered with a community development financial institu- 56 tion. An eligible community development financial institution shall haveA. 10730 4 1 a record of success in serving investment areas or targeted populations; 2 and/or shall have agreed to expand its operations into a new investment 3 area or to serve a new targeted population, offer more products or 4 services, or increase the volume of its current business. Eligible not- 5 for-profits shall, among other things, have the ability to: undertake 6 repair or rehabilitation efforts; carry out property and asset manage- 7 ment, including servicing, undertake demolition; and/or provide assist- 8 ance in finding housing options, market properties for sale or rental; 9 coordinate, provide, and/or connect homeowners to counseling, mediation, 10 legal representation, and negotiate on behalf of homeowners seeking a 11 residential home loan payment modification, provide training and support 12 for counselors, mediators, and attorneys regarding such assistance to 13 homeowners, as well as provide credit counseling; 14 (f) "community development financial institution" or "CDFI" shall mean 15 an organization located in this state which has been certified as a 16 community development financial institution by the federal community 17 development financial institutions fund, as established pursuant to 12 18 U.S.C. 4701 et seq., as amended from time to time; 19 (g) "investment area" means a geographic area that is determined by 20 the agency, from time to time, as meeting criteria indicative, as of 21 such time, of economic distress, including unemployment rate; foreclo- 22 sure rate; percentages and numbers of low-income residents; per capita 23 income and per capita real property wealth; and such other indicators of 24 distress as the agency shall determine. Economically distressed areas 25 may include counties, cities, municipalities, block numbering areas, and 26 census tracts. The program shall to the fullest extent possible strive 27 for regional diversity in providing foreclosure relief and assistance 28 consistent with the program goals to communities throughout New York 29 state that are impacted by the foreclosure crises; 30 (h) "lender" means banks as defined in section twenty-four hundred two 31 of this part, investors including institutional investors, the agency, 32 any state agency authorized to acquire and hold residential home loans, 33 mortgage servicers and other private, non-bank entities that may own and 34 hold a mortgage and mortgage note, the federal housing administration, 35 the U.S. department of agriculture rural development corporation, the 36 U.S. department of housing and urban development, the federal housing 37 finance agency, and any privately owned, publicly chartered entities and 38 wholly-owned corporate instrumentalities of the United States within the 39 U.S. department of housing and urban development created by congress to 40 encourage lending and reduce costs primarily in the housing sector of 41 the economy; and 42 (i) "residence" means residential real property as defined in section 43 thirteen hundred five of the real property actions and proceedings law. 44 (2) The agency is hereby directed to establish and administer a fund 45 to be known as the "New York state community restoration fund," which 46 shall consist of monies deposited therein. Nothing contained in this 47 section shall prevent the agency from receiving grants, gifts, or other 48 monies from other sources, or bequests and depositing them into the 49 fund. The agency shall not commingle the monies in such fund with any 50 other monies of the agency. 51 (3) The monies in the fund shall be eligible to be used by the agency 52 under program guidelines established by the board of directors of the 53 agency, in consultation with an advisory council to be created by the 54 agency comprised of a minimum of seven members, where a majority of the 55 membership of the council will be comprised of representatives from 56 non-profit members of the community with knowledge of foreclosures,A. 10730 5 1 housing, or community development needs in communities hard hit by fore- 2 closures. The guidelines shall include, among other things, require- 3 ments to ensure that fund monies are expended based upon demonstrable 4 community needs, for the purposes set forth in this subdivision, and may 5 also be awarded by the agency to eligible institutions following the 6 process established pursuant to subdivision four of this section, to: 7 (a) acquire, purchase, or sell residences and/or mortgage notes on 8 residential home loans and residences at or below market rates, or at 9 par if so required to satisfy legal or programmatic restrictions appli- 10 cable to the purchase of any mortgage loans expected to be acquired, 11 from lenders, or from local, state, and/or the federal government at 12 auction, short sale, or other private or public sale with the intent to: 13 (i) where possible, provided the homeowner can demonstrate an economic 14 hardship, as such term is defined under the agency's guidelines, in 15 consultation with the advisory council, modify the residential home loan 16 to an affordable rate to keep the current homeowners in the property; 17 (ii) permit the homeowner, provided the homeowner can demonstrate an 18 economic hardship, as such term is defined under the agency's guide- 19 lines, in consultation with the advisory council, to transfer his or her 20 ownership interest in the home to the agency or to an eligible institu- 21 tion and to remain in the residence as a tenant on agreed-upon terms, or 22 obtain assistance from the agency or an eligible institution to acquire 23 a new affordable residence; 24 (iii) rehabilitate distressed properties; and/or 25 (iv) demolish homes that are dilapidated or reasonably beyond repair. 26 (b) make grants and loans to eligible homeowners or to potential 27 buyers of residences in the investment areas; or 28 (c) fund not-for-profit developers, affordable housing developers, and 29 not-for-profit agencies to acquire vacant and abandoned properties or 30 other real property, mortgages, or mortgage notes acquired under this 31 program, and develop such properties into affordable housing and to work 32 with homeowners in the investment area eligible to be assisted under 33 this section, through activities such as foreclosure prevention coun- 34 seling, providing new homeowner training, home repair and rehabili- 35 tation, property and asset management, demolition, and marketing proper- 36 ties for sale and rental. 37 (4) (a) In awarding funding to eligible institutions, the agency shall 38 select from eligible institutions pursuant to criteria established by 39 the agency's board of directors, in consultation with the advisory coun- 40 cil established in subdivision three of this section, which criteria 41 shall include, but not be limited to: 42 (i) the experience and background of the eligible institution's board 43 of directors or management team; 44 (ii) the extent of need within the investment areas or targeted popu- 45 lations; 46 (iii) the extent of economic distress within the investment areas or 47 the extent of need within the targeted populations; 48 (iv) the extent of the eligible institution's current and planned 49 community involvement; 50 (v) the extent to which the eligible institution will increase its 51 resources through coordination with other eligible institutions or 52 encourage collaborative applications by multiple eligible institutions; 53 (vi) in the case of an institution with a prior history of serving 54 investment areas or targeted populations, the extent of success in serv- 55 ing such areas or populations;A. 10730 6 1 (vii) the extent to which eligible institutions would use funds to 2 restructure residential home loans to allow homeowners to continue to 3 occupy their residences; and 4 (viii) other factors deemed to be appropriate by the agency. 5 (b) In allocating funding to eligible institutions, the agency shall 6 be authorized to make funding available in any manner necessary for such 7 eligible institution to participate in auctions disposing of mortgage 8 notes or residences. 9 (5) The agency's board of directors shall establish, in consultation 10 with the advisory council established in subdivision three of this 11 section, guidelines to: 12 (a) develop application and reporting procedures for eligible insti- 13 tutions to use to apply for funds to carry out the provisions of this 14 section and criteria for use by the eligible institutions that receive 15 funds pursuant to this section to evaluate applications for assistance 16 from homeowners; 17 (b) develop guidelines for funds issued to and loans issued by the 18 agency and by eligible institutions, including guidelines for use by the 19 agency for purchase and sales of residences and/or mortgages and notes; 20 (c) establish the procedure by which eligible institutions are 21 selected and compensated, including establishing the relative importance 22 and/or weight given to each criterion; 23 (d) establish terms by which eligible institutions shall maintain and 24 utilize funds received pursuant to this section, provided however that 25 eligible institutions shall keep such funds separate from all other of 26 its business or fiduciary accounts; and 27 (e) establish terms by which the eligible institutions shall repay the 28 fund for monies allocated to them pursuant to this section, if applica- 29 ble. 30 (6) Nothing in this section shall preclude an eligible institution 31 from working with or coordinating activities and/or services with any 32 entity that handles and facilitates the transfers of mortgage notes 33 and/or property to eligible entities under this section; provided, 34 however, that any funds awarded to an eligible institution shall only be 35 used to advance the purposes of this section. 36 (7) The agency shall submit a report to the governor, the speaker of 37 the assembly, the minority leader of the assembly, the temporary presi- 38 dent of the senate, and the minority leader of the senate on or before 39 the first of February each year. Such report shall include, but not be 40 limited to, a detailed description of the use of funds by the agency for 41 programs under this section, and of the use of funds for each eligible 42 institution receiving funds under this section. 43 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 44 sion, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgement shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, subdivision, section or part 48 thereof directly involved in the controversy in which such judgement 49 shall have been rendered. It is hereby declared to be the intent of the 50 legislature that this act would have been enacted even if such invalid 51 provisions had not been included herein. 52 § 5. This act shall take effect immediately.