Bill Text: MI SB1119 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Housing; housing development authority; oversight for the administration of state and federal housing programs; clarify. Amends sec. 22 of 1966 PA 346 (MCL 125.1422).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-07-18 - Re-referred To Committee On Commerce [SB1119 Detail]

Download: Michigan-2011-SB1119-Engrossed.html

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SB-1119, As Passed Senate, May 17, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1119

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1966 PA 346, entitled

 

"State housing development authority act of 1966,"

 

by amending section 22 (MCL 125.1422), as amended by 2008 PA 449.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 22. The authority shall possess has all powers necessary

 

or convenient to carry out this act, including the following powers

 

in addition to other powers granted by other provisions of this

 

act:

 

     (a) To sue and to be sued; to have a seal and to alter the

 

seal at pleasure; to have perpetual succession; to make and execute

 

contracts and other instruments necessary or convenient to the

 

exercise of the powers of the authority; and to make, amend, and

 

repeal bylaws and rules.

 

     (b) To undertake and carry out studies and analyses of housing

 

needs within this state and ways of meeting those needs, including

 

data with respect to population and family groups, the distribution

 

of population and family groups according to income, and the amount

 

and quality of available housing and its distribution according to

 

rentals and sales prices, employment, wages, and other factors

 

affecting housing needs and the meeting of housing needs; to make

 

the results of those studies and analyses available to the public

 

and the housing and supply industries; and to engage in research

 

and disseminate information on housing.

 

     (c) To agree and comply with conditions attached to federal

 

financial assistance.

 

     (d) To survey and investigate housing conditions and needs,

 

both urban and rural, throughout this state and make

 

recommendations to the governor and the legislature regarding

 

legislation and other measures necessary or advisable to alleviate

 

any existing housing shortage in this state.

 

     (e) To establish and collect fees and charges in connection

 

with the sale of the authority's publications and the authority's

 

loans, commitments, and servicing, including, but not limited to,

 

the reimbursement of costs of financing by the authority, service

 

charges, and insurance premiums as the authority determines to be

 

reasonable and as approved by the authority. Fees and charges shall

 

be determined by the authority and shall not be considered to be

 

interest. The authority may use any accumulated fees and charges

 

and interest income for achieving any of the corporate purposes of

 

the authority, to the extent that the fees, charges, and interest

 

income are not pledged to the repayment of bonds and notes of the

 

authority or the interest on those bonds and notes.

 

     (f) To encourage community organizations to assist in

 

initiating housing projects as provided in this act.

 

     (g) To encourage the salvage of all possible usable housing

 

scheduled for demolition because of highway, school, urban renewal,

 

or other programs by seeking authority for the sponsors of the

 

programs to use funds provided for the demolition of the buildings,

 

to be allocated to those sponsors approved by the authority to

 

defray moving and rehabilitation costs of the buildings.

 

     (h) To engage and encourage research in, and to formulate

 

demonstration projects to develop, new and better techniques and

 

methods for increasing the supply of housing for persons eligible

 

for assistance as provided in this act; and to provide technical

 

assistance in the development of housing projects and in the

 

development of programs to improve the quality of life for all the

 

people of this state.

 

     (i) To make or purchase loans, including loans for condominium

 

units as defined in section 4 of the condominium act, 1978 PA 59,

 

MCL 559.104, and including loans to mortgage lenders, which are

 

unsecured or the repayments of which are secured by mortgages,

 

security interests, or other forms of security; to purchase and

 

enter into commitments for the purchase of securities, certificates

 

of deposits, time deposits, or mortgage loans from mortgage

 

lenders; to participate in the making or purchasing of unsecured or

 

secured loans and undertake commitments to make or purchase

 

unsecured or secured loans; to sell mortgages, security interests,

 

notes, and other instruments or obligations evidencing or securing

 

loans, including certificates evidencing interests in 1 or more

 

loans, at public or private sale; in connection with the sale of an

 

instrument or obligation evidencing or securing 1 or more loans, to

 

service, guarantee payment on, or repurchase the instrument or

 

obligation, whether or not it is in default; to modify or alter

 

mortgages and security interests; to foreclose on any mortgage,

 

security interest, or other form of security; to finance housing

 

units; to commence an action to protect or enforce a right

 

conferred upon the authority by law, mortgage, security agreement,

 

contract, or other agreement; to bid for and purchase property that

 

was the subject of the mortgage, security interest, or other form

 

of security, at a foreclosure or at any other sale, and to acquire

 

or take possession of the property. Upon acquiring or taking

 

possession of the property, the authority may complete, administer,

 

and pay the principal and interest of obligations incurred in

 

connection with the property, and may dispose of and otherwise deal

 

with the property in any manner necessary or desirable to protect

 

the interests of the authority in the property. If the authority or

 

an entity that provides mortgage insurance to the authority

 

acquires property upon the default of a borrower, the authority may

 

make a mortgage loan to a subsequent purchaser of that property

 

even if the purchaser does not meet otherwise applicable income

 

limitations and purchase price limits.

 

     (j) To set standards for housing projects that receive loans

 

under this act and to provide for inspections to determine

 

compliance with those standards. The standards for construction and

 

rehabilitation of mobile homes, mobile home parks, and mobile home

 

condominium projects shall be established jointly by the authority

 

and the mobile home commission, created in the mobile home

 

commission act, 1987 PA 96, MCL 125.2301 to 125.2349. However,

 

financing standards shall be established solely by the authority.

 

     (k) To accept gifts, grants, loans, appropriations, or other

 

aid from the federal, state, or local government, from a

 

subdivision, agency, or instrumentality of a federal, state, or

 

local government, or from a person, corporation, firm, or other

 

organization.

 

     (l) To acquire or contract to acquire from a person, firm,

 

corporation, municipality, or federal or state agency, by grant,

 

purchase, or otherwise, leaseholds or real or personal property, or

 

any interest in a leasehold or real or personal property; to own,

 

hold, clear, improve, and rehabilitate and to sell, assign,

 

exchange, transfer, convey, lease, mortgage, or otherwise dispose

 

of or encumber any interest in a leasehold or real or personal

 

property. This act shall not impede the operation and effect of

 

local zoning, building, and housing ordinances, ordinances relating

 

to subdivision control, land development, or fire prevention, or

 

other ordinances having to do with housing or the development of

 

housing.

 

     (m) To procure insurance against any loss in connection with

 

the property and other assets of the authority.

 

     (n) To invest, at the discretion of the authority, funds held

 

in reserve or sinking funds, or money not required for immediate

 

use or disbursement, in obligations of this state or of the United

 

States, in obligations the principal and interest of which are

 

guaranteed by this state or the United States, or in other

 

obligations as may be approved by the state treasurer.

 

     (o) To promulgate rules necessary to carry out the purposes of

 

this act and to exercise the powers expressly granted in this act

 

in accordance with the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.201 to 24.328.

 

     (p) To enter into agreements with nonprofit housing

 

corporations, consumer housing cooperatives, limited dividend

 

housing corporations, mobile home park corporations, and mobile

 

home park associations that provide for regulation by the authority

 

of the planning, development, and management of any housing project

 

undertaken by nonprofit housing corporations, consumer housing

 

cooperatives, limited dividend housing corporations, mobile home

 

park corporations, and mobile home park associations and that

 

provide for the disposition of the property and franchises of those

 

corporations, cooperatives, and associations.

 

     (q) To appoint to the board of directors of a nonprofit

 

housing corporation, consumer housing cooperative, limited dividend

 

housing corporation, mobile home park corporation, or mobile home

 

park association, a number of new directors sufficient to

 

constitute a majority of the board notwithstanding other provisions

 

of the articles of incorporation or other provisions of law.

 

Directors appointed under this subsection need not be stockholders

 

or members or meet other qualifications that may be described by

 

the certificate of incorporation or bylaws. In the absence of fraud

 

or bad faith, directors appointed under this subsection shall not

 

be personally liable for debts, obligations, or liabilities of the

 

corporation or association. The authority may appoint directors

 

under this subsection only if 1 or more of the following occur:

 

     (i) The nonprofit housing corporation, consumer housing

 

cooperative, limited dividend housing corporation, mobile home park

 

corporation, or mobile home park association has received a loan or

 

advance, as provided for in this act, and the authority determines

 

that the loan or advance is in jeopardy of not being repaid.

 

     (ii) The nonprofit housing corporation, consumer housing

 

cooperative, limited dividend housing corporation, mobile home park

 

corporation, or mobile home park association received a loan or

 

advance as provided for in this act and the authority determines

 

that the proposed housing project for which the loan or advance was

 

made is in jeopardy of not being constructed.

 

     (iii) The authority determines that some part of the net income

 

or net earnings of the nonprofit housing corporation is inuring to

 

the benefit of a private individual, firm, corporation,

 

partnership, or association; the authority determines that an

 

unreasonable part of the net income or net earnings of the consumer

 

housing cooperative is inuring to the benefit of a private

 

individual, firm, corporation, partnership, or association; or the

 

authority determines that some part of the net income or net

 

earnings of the limited dividend housing corporation, in excess of

 

that permitted by other provisions of this act, is inuring to the

 

benefit of a private individual, firm, corporation, partnership, or

 

association.

 

     (iv) The authority determines that the nonprofit corporation or

 

consumer housing cooperative is in some manner controlled by, under

 

the direction of, or acting in the substantial interest of a

 

private individual, firm, corporation, partnership, or association

 

seeking to derive benefit or gain from, or seeking to eliminate or

 

minimize losses in any dealings or transactions with, the nonprofit

 

corporation or consumer housing cooperative. However, this

 

subparagraph shall apply to individual cooperators in consumer

 

housing cooperatives only in circumstances defined by the authority

 

in its rules.

 

     (v) The authority determines that the nonprofit housing

 

corporation, consumer housing cooperative, limited dividend housing

 

corporation, mobile home park corporation, or mobile home park

 

association is in violation of the rules promulgated under this

 

section.

 

     (vi) The authority determines that the nonprofit housing

 

corporation, consumer housing cooperative, limited dividend housing

 

corporation, mobile home park corporation, or mobile home park

 

association is in violation of 1 or more agreements entered into

 

with the authority that provide for regulation by the authority of

 

the planning, development, and management of a housing project

 

undertaken by the nonprofit housing corporation, consumer housing

 

cooperative, limited dividend housing corporation, mobile home park

 

corporation, or mobile home park association or that provide for

 

the disposition of the property and franchises of the corporation,

 

or cooperative, or association.

 

     (r) To give approval or consent to the articles of

 

incorporation submitted to the authority by a corporation seeking

 

Senate Bill No. 1119 as amended May 16, 2012

 

approval as a nonprofit housing corporation, consumer housing

 

cooperative, limited dividend housing corporation, or mobile home

 

park corporation under chapter 4, 5, 6, or 8; to give approval or

 

consent to the partnership agreement, joint venture agreement,

 

trust agreement, or other document of basic organization of a

 

limited dividend housing association under chapter 7 or mobile home

 

park association under chapter 9.

 

     (s) To engage the services of private consultants on a

 

contract basis for rendering professional and technical assistance

 

and advice.

 

     (t) To lease real or personal property, to operate as the sole

 

statewide public housing agency in this state, and to accept

 

federal funds for, and participate in, federal programs of housing

 

assistance. As used in this subdivision, "public housing agency"

 

means that term as defined in <<42 USC 1437a. However, the definition

of public housing agency does not confer on the authority powers not granted elsewhere in this act.>> The authority's power

to operate as the sole statewide public housing agency in this

 

state continues only until 3 years after the effective date of the

 

amendatory act that added this sentence.

 

     (u) To review and approve rental charges for authority-

 

financed housing projects and require whatever changes the

 

authority determines to be necessary. The changes shall become

 

effective after not less than 30 days' written notice is given to

 

the residents of the affected authority-financed housing projects.

 

     (v) To set forth in the various loan documents of the

 

authority those restrictions on the sale, conveyance by land

 

contract, or transfer of residential real property, housing

 

projects, or housing units for which a note is held by the

 

authority and restrictions on the assumption by subsequent

 

purchasers of loans originated by and held by, or originated for

 

purchase by and held by, the authority as the authority determines

 

to be necessary in order to comply with requirements of federal

 

statutes, federal rules or regulations promulgated under sections

 

551 to 559 of title 5 of the United States Code, 5 USC 551 to 559,

 

state statutes, or state rules promulgated under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or to

 

obtain and maintain the tax exempt status of authority bonds and

 

notes. However, the authority shall not use a due on sale or

 

acceleration clause solely for the purpose of renegotiating the

 

interest rate on a loan made with respect to an owner-occupied

 

single-family housing unit. Without limiting the authority's power

 

to establish other restrictions, as provided in this section, on

 

the sale, conveyance by land contract, or transfer of residential

 

real property, housing projects, or housing units for which a note

 

is held by the authority and the assumption by subsequent

 

purchasers of loans made or purchased by the authority, the

 

authority shall provide in its loan documents relating to a single

 

family loan that the single family loan may be assumed by a new

 

purchaser only when the new purchaser qualifies under the authority

 

income limitations rules except where unless such a restriction

 

diminishes or precludes the insurance or a guarantee by an agency

 

of the federal government with respect to the single family loan. A

 

loan made for a mobile home that the borrower does not intend to

 

permanently affix to real property shall become immediately due and

 

payable in the event if the mobile home is moved out of the state.

 

Any restrictions on conveyance by sale, conveyance by land

 

contract, or transfer that are authorized in this section shall

 

apply only to loans originated by and held by, or originated for

 

purchase by and held by, the authority and may, at the option of

 

the authority, be enforced by accelerating and declaring

 

immediately due and payable all sums money evidenced by the note

 

held by the authority. An acceleration and declaration of all sums

 

money to be due and payable on conveyance by sale, land contract,

 

or transfer is not an unreasonable restraint on alienation. An

 

acceleration and declaration, unless otherwise prohibited in this

 

subdivision, of all sums money to be due and payable under this

 

subdivision is enforceable in any court of competent jurisdiction.

 

This subdivision is applicable to secured and unsecured loans. This

 

subdivision is also applicable to loan documents utilized in

 

conjunction with an authority-operated program of residential

 

rehabilitation by an entity cooperating or participating with the

 

authority under section 22a(4), which loans are originated with the

 

intent to sell those loans to the authority.

 

     (w) To set forth in the various loan documents of the

 

authority those remedies for the making of a false statement,

 

representation, or pretense or a material misstatement by a

 

borrower during the loan application process. Without limiting the

 

authority's power to pursue other remedies, the authority shall

 

provide in its loan documents that, if a borrower makes a false

 

statement, representation, or pretense or a material misstatement

 

during the loan application process, the authority, at its option,

 

may accelerate and declare immediately due and payable all sums

 

money evidenced by the note held by the authority. An acceleration

 

and declaration of all sums money to be due as authorized under

 

this subdivision and payable as provided in this subdivision is

 

enforceable in any court of competent jurisdiction. This

 

subdivision is applicable to secured and unsecured loans.

 

     (x) To collect interest on a real estate loan, the primary

 

security for which is not a first lien on real estate, at the rate

 

of 15% or less per annum on the unpaid balance. This subdivision

 

does not impair the validity of a transaction or rate of interest

 

that is lawful without regard to this subdivision.

 

     (y) To encourage and engage or participate in programs to

 

accomplish the preservation of housing in this state available for

 

occupancy by persons and families of low or moderate income.

 

     (z) To verify for the state treasurer statements submitted by

 

a city, village, township, or county as to exempt properties under

 

section 7d of the general property tax act, 1893 PA 206, MCL

 

211.7d.

 

     (aa) For the purpose of more effectively managing its debt

 

service, to enter into an interest rate exchange or swap, hedge, or

 

similar agreement with respect to its bonds or notes on the terms

 

and payable from the sources and with the security, if any, as

 

determined by a resolution of the authority.

 

     (bb) To make working capital loans to contractors or

 

subcontractors on housing projects financed by the authority. The

 

authority shall submit an annual report to the legislature

 

containing the amount, recipient, duration, circumstance, and other

 

related statistics for each capital loan made to a contractor or

 

subcontractor under this subdivision. The authority shall include

 

in the report statistics related to the cost of improvements made

 

to adapt property for use by disabled individuals as provided in

 

section 32b(5) or (6) or section 44(2)(a).

 

     (cc) Subject to rules of the civil service commission, to

 

adopt a code of ethics with respect to its employees that requires

 

disclosure of financial interests, defines and precludes conflicts

 

of interest, and establishes reasonable post-employment

 

restrictions for a period of up to 1 year after an employee

 

terminates employment with the authority.

 

     (dd) To impose covenants running with the land in order to

 

satisfy requirements of applicable federal law with respect to

 

housing assisted or to be assisted through federal programs such as

 

the low income housing tax credit program or the home investment

 

partnerships program by executing and recording regulatory

 

agreements between the authority or such a municipality or other

 

entity as may be designated by the authority and the person or

 

entity to be bound. These covenants shall run with the land and be

 

effective with respect to the parties making the covenants and

 

other intended beneficiaries of the covenants, even though there is

 

no privity of estate or privity of contract between the authority

 

and the persons or entities to be bound.

 

     (ee) To impose covenants running with the land in order to

 

satisfy requirements of applicable state or federal law with

 

respect to housing financed by the authority by executing and

 

recording regulatory agreements between the authority and the

 

person or entity to be bound. These covenants shall run with the

 

land and be effective with respect to the parties making the

 

covenants and other intended beneficiaries of the covenants, even

 

though there is no privity of estate or privity of contract between

 

the authority and the persons or entities to be bound. With respect

 

to the application of any applicable environmental laws, this

 

subdivision shall not be construed to grant to the authority any

 

additional rights, privileges, or immunities not otherwise afforded

 

to a private lender that is not in the chain of title for the land.

 

     (ff) To participate in programs designed to assist persons and

 

families whose incomes do not exceed 115% of the greater of

 

statewide median gross income or the area median gross income

 

become homeowners where loans are made by private lenders for

 

purchase by the government national mortgage association, federal

 

national mortgage association, federal home loan mortgage

 

corporation, or other federally chartered organizations.

 

Participation may include providing or funding homeownership

 

counseling and providing some or all of a reserve fund to be used

 

to pay for losses in excess of insurance coverage.

 

     (gg) To invest up to 20% of funds held by or for the authority

 

in escrow accounts for the benefit of the authority or mortgagors

 

of authority-financed housing in loans originated or purchased by

 

the authority, under the conditions prescribed in this subdivision

 

and without the consent of the escrow depositors. In connection

 

with loans described in this subdivision, the authority may charge

 

and retain fees in amounts similar to those charged with respect to

 

similar loans for which the source of funding does not come from

 

escrow funds. The investment authorized by this subdivision shall

 

not be made unless both of the following requirements are met:

 

     (i) The return on the loan is approximately equivalent to that

 

which could be obtained from investments of substantially similar

 

credit quality and maturity, as determined by the authority.

 

     (ii) The authority agrees to repurchase from its own funds and

 

at the same prices at which the loans were sold to the escrow

 

funds, as adjusted for the accretion of discount or amortization of

 

premium, plus accrued interest, any loans that become delinquent in

 

excess of 30 days. This subdivision does not obligate the authority

 

to purchase a delinquent loan so long as if, with respect to that

 

loan, the authority advances money from its own funds in the amount

 

of the delinquent payments. The authority's election to advance

 

payments does not in any manner abate or cure the delinquency of

 

the loan and the authority may resort to any remedies that would

 

exist in the absence of that payment.

 

     (hh) To acquire, develop, rehabilitate, own, operate, and

 

enter into contracts with respect to the management and operation

 

of real and personal property to use as office facilities by the

 

authority and to enter into leases with respect to facilities not

 

immediately necessary for the activities of the authority.

 

     (ii) To make loans to certain qualified buyers and resident

 

organizations and to make grants to resident organizations as

 

provided in the following:

 

     (i) The urban homestead act, 1999 PA 127, MCL 125.2701 to

 

125.2709.

 

     (ii) The urban homesteading on vacant land act, 1999 PA 129,

 

MCL 125.2741 to 125.2748.

 

     (iii) The urban homesteading in single-family public housing

 

act, 1999 PA 128, MCL 125.2761 to 125.2770.

 

     (iv) The urban homesteading in multifamily public housing act,

 

1999 PA 84, MCL 125.2721 to 125.2734.

 

     (jj) To implement and administer a housing and community

 

development program as described in this act.

 

     (kk) To implement, administer, or execute administrative,

 

substantive, or supervisory powers pursuant to the individual or

 

family development account program act, 2006 PA 513, MCL 206.701

 

206.901 to 206.711.206.911.