Bill Text: NY A04942 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the New American homebuyer assistance program within the state of New York mortgage agency to assist first time homebuyers by imposing flexible documentation guidelines that take into account foreign documentation of income and assets.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-05 - referred to housing [A04942 Detail]

Download: New_York-2019-A04942-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4942
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Housing
        AN ACT to amend the public authorities law, in relation to  establishing
          the  new American homebuyer assistance program within the state of New
          York mortgage agency
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public  authorities  law  is amended by adding a new
     2  section 2428-b to read as follows:
     3    § 2428-b. New American homebuyer assistance program.  1.    Establish-
     4  ment.  The  agency  is hereby authorized and directed to create, manage,
     5  and maintain the "new American homebuyer assistance program".  The agen-
     6  cy shall make such rules and regulations as necessary to  implement  the
     7  new  American  homebuyer assistance program.  The purpose of the program
     8  is to provide homebuyer assistance  to  eligible  homebuyers  purchasing
     9  their first residence by imposing flexible documentation guidelines that
    10  take into account foreign documentation of income and assets.
    11    2. Definitions. For purposes of this section:
    12    (a) "Residence" means a single-family home, a one to four family home,
    13  a  condominium  housing  unit  or  a housing unit owned by a cooperative
    14  housing corporation, that is located within the state.
    15    (b) "Eligible homebuyer" means any person who  (a)  has  not  had  any
    16  ownership interest in his or her primary residence that is located with-
    17  in  the  United  States  at any time during the three years prior to the
    18  date of making an application  for  an  agency  mortgage  loan;  (b)  is
    19  currently  an  alien admitted to the United States as a lawful permanent
    20  resident within the past ten years and; (c) at the time  of  making  the
    21  loan  application  to  the agency, does not own a vacation or investment
    22  home whether such vacation or investment home is  owned  in  the  United
    23  States or abroad. This includes a spouse or a single parent who has only
    24  owned with a former spouse while married.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06135-01-9

        A. 4942                             2
     1    3.  Program  features  and  requirements.  The agency shall create and
     2  implement the new American homebuyer assistance program subject  to  the
     3  following features and requirements:
     4    (a) flexible documentation requirements that take into account foreign
     5  documentation of income and assets;
     6    (b) household income eligibility income limits up to one hundred thir-
     7  ty percent of area median income;
     8    (c)  debt  to  income  calculations that include the borrower's actual
     9  student loan payments regardless of  whether  the  payments  will  fully
    10  amortize  the  loan, regardless of whether the borrower is on an income-
    11  based or standard repayment plan;
    12    (d) student loan payments calculated at the  average  monthly  payment
    13  amount  made  by the borrower during the preceding twelve months, or the
    14  borrower's current payment, whichever is higher;
    15    (e) loans will be offered for fixed interest rate, thirty  year  terms
    16  only;
    17    (f) a loan-to-value ratio of ninety-seven percent;
    18    (g) no prepayment penalties shall be assessed to the borrower;
    19    (h)  utilization of and full access to the agency down payment assist-
    20  ance program financing;
    21    (i) a call center to assist applicants;
    22    (j) call center translation services shall be made available to appli-
    23  cants in English, Spanish, and any other language that the agency deter-
    24  mines, based on the size  of  the  state  population  that  speaks  each
    25  language  and  any  other  factor  that the chairman of the agency deems
    26  relevant and;
    27    (k) all guidance documents and application materials shall  be  avail-
    28  able  to applicants in English, Spanish, and any other language that the
    29  agency determines, based on the size of the state population that speaks
    30  each language and any other factor that the chairman of the agency deems
    31  relevant.
    32    4. Eligibility.  (a) In addition to other limitations, the new  Ameri-
    33  can  homebuyer assistance program shall be available to a eligible home-
    34  buyer only.
    35    (b) The program shall only be available to a borrower if and  so  long
    36  as  the  borrower  occupied  the agency-financed home as their permanent
    37  residence.
    38    (c) The program shall only be available  to  residences  that  do  not
    39  exceed the agency's purchase price/appraised value limits.
    40    (d)  Except  as  provided  in  the  program  features and requirements
    41  contained in subdivision three of this section, the agency may implement
    42  such procedures and requirements as necessary including, but not limited
    43  to, outreach, education, counseling, and other borrower requirements  or
    44  disclosures.
    45    5.  Terms  of financing.   Notwithstanding any other provision of law,
    46  the agency is authorized to require, as a condition to the financing  of
    47  any  mortgage  with  respect  to  the  new American homebuyer assistance
    48  program, such restrictions upon assumability of  the  mortgage,  default
    49  provisions, rights to accelerate, and such other terms as the agency may
    50  determine  to  be  necessary  or  desirable.    All  such terms shall be
    51  enforced by the originating bank, the agency, and any  successor  holder
    52  of  the  mortgage  unless expressly waived in writing by or on behalf of
    53  the agency. Subject to the features and requirements  of  this  section,
    54  the  agency  may  create and enforce credit underwriting standards as to
    55  ensure the continued solvency of the program.
    56    § 2. This act shall take effect immediately.
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