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NY State Legislature· A8571-2025Signed by Governor

Relates to the powers of the New York state housing finance agency, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8571
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL -- (at request of the New York State
   Homes and Community Renewal) -- read once and referred to the  Commit-
   tee on Housing
 
 AN  ACT  to  amend  chapter 514 of the laws of 1983 amending the private
   housing finance law and the real property  tax  law  relating  to  the
   powers  of  the New York state housing finance agency and the New York
   city housing development corporation to finance  certain  multi-family
   housing,  in  relation  to the effectiveness thereof; to amend chapter
   396 of the laws of 1984 amending the private housing finance  law  and
   the real property tax law relating to the powers of the New York state
   housing  finance  agency  to  finance certain multi-family housing, in
   relation to the effectiveness thereof; to amend  chapter  915  of  the
   laws  of  1982  amending  the  public  authorities law relating to the
   powers of the state of New York mortgage agency, in  relation  to  the
   effectiveness  thereof;  to  amend  the  public  authorities  law,  in
   relation to the powers of the state of New York  mortgage  agency;  to
   amend  chapter 555 of the laws of 1989 amending the public authorities
   law and other laws relating to establishing a New York  state  infras-
   tructure  trust  fund,  in  relation  to the effectiveness thereof; to
   amend chapter 172 of the laws of 2002, amending the public authorities
   law relating to the powers of the state of New York  mortgage  agency,
   in  relation to the effectiveness thereof; to amend chapter 208 of the
   laws of 2010 amending the  public  authorities  law  relating  to  the
   powers  of  the  state of New York mortgage agency, in relation to the
   effectiveness thereof; and to amend chapter 246 of the  laws  of  2010
   amending  the  public  authorities  law  relating to the powers of the
   state of New York mortgage agency, in relation  to  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10187-01-5
 A. 8571                             2
 
   Section 1. Section 6 of chapter 514 of the laws of 1983, amending  the
 private  housing  finance  law and the real property tax law relating to
 the powers of the New York state housing finance agency and the New York
 city housing development corporation  to  finance  certain  multi-family
 housing,  as  amended  by chapter 205 of the laws of 2023, is amended to
 read as follows:
   § 6. This act shall take effect immediately and shall remain  in  full
 force  and  effect  until July 23, [2025] 2027 at which time it shall be
 repealed.
   § 2. Section 7 of chapter 396  of  the  laws  of  1984,  amending  the
 private  housing  finance  law and the real property tax law relating to
 the powers of the New York  state  housing  finance  agency  to  finance
 certain  multi-family  housing, as amended by chapter 205 of the laws of
 2023, is amended to read as follows:
   § 7. This act shall take effect immediately, except that sections one,
 three, four, five and six of this act shall remain  in  full  force  and
 effect  until  July 23, [2025] 2027 at which time such sections shall be
 repealed.
   § 3. Section 16 of chapter 915 of the laws of 1982 amending the public
 authorities law relating to the powers of the state of New York mortgage
 agency, as amended by chapter 205 of the laws of  2023,  is  amended  to
 read as follows:
   §  16.  This  act shall take effect immediately except that the amend-
 ments to law effected by sections  one  through  ten  of  this  act,  as
 amended,  shall  cease  to  be of force and effect on and after July 23,
 [2025] 2027, on which date the provisions of the public authorities  law
 amended by such sections shall be as they were in force and effect imme-
 diately prior to this act taking effect.
   § 4. Section 2407 of the public authorities law, as amended by chapter
 205 of the laws of 2023, is amended to read as follows:
   §  2407.  Bond limits. (1) Except for notes issued in nineteen hundred
 seventy and nineteen hundred seventy-one, the  agency  shall  not  issue
 bonds  and  notes,  the  interest  on which is not included in the gross
 income of the holders of the bonds and notes  under  the  United  States
 Internal Revenue Code of 1986, as amended, or any subsequent correspond-
 ing internal revenue law of the United States, in an aggregate principal
 amount  exceeding  ten  billion  [seven]  NINE  hundred  twenty  million
 dollars, excluding from such limitation  (a)  an  amount  equal  to  any
 original  issue discount from the principal amount of any bonds or notes
 issued, (b) bonds and notes  issued  to  refund  outstanding  bonds  and
 notes,  and  (c)  bonds and notes not described in paragraph (b) of this
 subdivision issued to refund outstanding bonds and notes  in  accordance
 with  the  provisions  of  the  Internal Revenue Code of 1986 or the Tax
 Reform Act of 1986, as amended,  where  such  bonds  or  notes  are  not
 included  in  the  statewide  volume  cap on private purpose bonds under
 section 146 of such code provided,  however,  that  upon  any  refunding
 pursuant  to  this  paragraph or paragraph (b) of this subdivision, such
 exclusion shall apply only to the extent that the amount of the  refund-
 ing  bonds  or  notes  does not exceed (i) the outstanding amount of the
 refunded bonds or notes, plus (ii) to the extent permitted by applicable
 federal tax law, costs of issuance of the refunding bonds or notes to be
 financed from the proceeds of the refunding bonds or  notes.    No  such
 bond  or  note  shall  be  issued by the agency on or after July twenty-
 third, two thousand  [twenty-five]  TWENTY-SEVEN,  excluding  bonds  and
 notes  issued  to refund outstanding bonds and notes. No more than [one]
 TWO billion FOUR HUNDRED MILLION dollars of proceeds of bonds  or  notes
 A. 8571                             3

 issued  by  the  agency  pursuant  to this subdivision shall be used for
 mortgage purposes by blending with proceeds of bonds issued pursuant  to
 subdivision two of this section.
   (2)  In  connection  with  the  issuance  of  bonds for the purpose of
 furthering programs described in this title, the agency is authorized to
 covenant and consent that the interest on any of  its  bonds,  notes  or
 other  obligations shall be includable, under the United States Internal
 Revenue Code of 1986, as amended or any subsequent corresponding  inter-
 nal revenue law of the United States, in the gross income of the holders
 of the bonds to the same extent and in the same manner that the interest
 on  bills,  bonds,  notes  or  other obligations of the United States is
 includable in the gross income of the holders thereof under said  Inter-
 nal  Revenue  Code or any such subsequent law. Pursuant to this subdivi-
 sion, the agency shall not issue bonds, notes or other obligations in an
 aggregate principal amount exceeding one  billion  [five]  NINE  hundred
 FIFTY  million  dollars,  excluding from such limitation bonds, notes or
 other obligations issued to refund outstanding  bonds,  notes  or  other
 obligations.  No  such bond, note or other obligation shall be issued by
 the agency on or after July  twenty-third,  two  thousand  [twenty-five]
 TWENTY-SEVEN,  excluding  bonds,  notes  or  other obligations issued to
 refund outstanding bonds, notes or other obligations  and  no  mortgages
 shall be purchased with the proceeds of such bonds, notes or other obli-
 gations  after  such  date.  The  board of directors of the agency shall
 establish program guidelines for purposes of bonds, notes or other obli-
 gations issued pursuant to this  subdivision.  The  board  of  directors
 shall  establish  from  time  to  time  maximum income limits of persons
 eligible to receive mortgages financed by bonds, notes  or  other  obli-
 gations  issued  pursuant  to this subdivision, which income limits with
 respect to one-third of the total principal amount of mortgages  author-
 ized  to be so financed shall not exceed one hundred twenty-five percent
 of the latest maximum income limits permitted under the Internal Revenue
 Code of 1986, as amended, for mortgagors financed  by  mortgage  revenue
 bonds,  with respect to one-third of such principal amount authorized to
 be so financed, shall not exceed one hundred thirty-five percent of such
 income limits, and with respect to one-third of  such  principal  amount
 authorized to be so financed, shall not exceed one hundred fifty percent
 of such limits, provided that notwithstanding the foregoing, the maximum
 income  limits  of persons eligible to receive mortgages financed by the
 agency under its neighborhood revitalization program (and any  successor
 program)  shall not exceed one hundred fifty percent of the latest maxi-
 mum income limits permitted under the Internal Revenue Code of 1986,  as
 amended, for mortgagors financed by mortgage revenue bonds.
   (3)  The fixing of the statutory maximums in this section shall not be
 construed as constituting a contract between the agency and the  holders
 of  its bonds or notes that additional bonds and notes may not be issued
 subsequently by the agency in the event  that  such  statutory  maximums
 shall subsequently be increased by law.
   § 5. Section 19 of chapter 555 of the laws of 1989 amending the public
 authorities law and other laws relating to establishing a New York state
 infrastructure  trust  fund,  as  amended  by chapter 205 of the laws of
 2023, is amended to read as follows:
   § 19. This act shall take effect immediately and shall  be  deemed  to
 have  been  in full force and effect on and after June 15, 1989 provided
 that the amendments to law effected by sections  six  and  nine  through
 seventeen of this act, as amended, shall cease to be of force and effect
 on  and  after July 23, [2025] 2027, on which date the provisions of the
 A. 8571                             4
 
 public authorities law amended by such sections shall be as they were in
 force and effect immediately  prior  to  this  act  taking  effect,  and
 provided however that the amendments to law effected by sections six and
 nine  through seventeen of this act, as amended, shall continue to apply
 to all commitments issued or policies or development corporation  credit
 support in force on or before July 23, [2025] 2027, and provided further
 that the amendments to section 2429-b of the public authorities law made
 by  section  13  of  chapter  3  of  the laws of 2004 which amended this
 section shall not cease to be of force and effect prior to the time that
 full payment of all development corporation credit  support  obligations
 has been made or provided for.
   §  6. Section 2 of chapter 172 of the laws of 2002 amending the public
 authorities law relating to the powers of the state of New York mortgage
 agency, as amended by chapter 205 of the laws of  2023,  is  amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until July 23, [2025] 2027,  whereupon  such  date  the
 provisions of this act shall expire and be deemed repealed.
   §  7. Section 4 of chapter 208 of the laws of 2010 amending the public
 authorities law relating to the powers of the state of New York mortgage
 agency, as amended by chapter 205 of the laws of  2023,  is  amended  to
 read as follows:
   §  4. This act shall take effect immediately, provided that the amend-
 ments to subdivision 5 of section 2402 of  the  public  authorities  law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to section 16 of chapter  915  of
 the  laws  of  1982,  as  amended, when upon such date the provisions of
 section two of this act shall take effect; further  provided  that  this
 act shall expire and be deemed repealed July 23, [2025] 2027.
   §  8. Section 5 of chapter 246 of the laws of 2010 amending the public
 authorities law relating to the powers of the state of New York mortgage
 agency, as amended by chapter 205 of the laws of  2023,  is  amended  to
 read as follows:
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed  on and after July 23, [2025] 2027;  provided,  however,
 that the amendments to paragraph (c) of subdivision 8 of section 2428 of
 the  public  authorities  law  made by section two of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith.
   § 9. This act shall take effect immediately.
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