HB-6493, As Passed House, November 12, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6493

     A bill to amend 1966 PA 346, entitled

"State housing development authority act of 1966,"

(MCL 125.1401 to 125.1499c) by adding chapter 3B.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

                              CHAPTER 3B

     Sec. 59. (1) The definitions in section 11 apply to this

chapter unless otherwise provided in this chapter.

     (2) As used in this chapter:

     (a) "Area median income" means the median income for the area

as determined under section 8 of the United States housing act of

1937, 42 USC 1437f, adjusted for family size.

     (b) "Income" means an amount determined in a manner consistent

with the determination of lower income families under section 8 of

the United States housing act of 1937, 42 USC 1437f.

     (c) "Supportive housing property" means property that meets

all of the following requirements:

     (i) Is developed by an organization exempt under section

501(c)(3) of the of the internal revenue code, 26 USC 501.

     (ii) Is occupied by 1 or more persons with incomes at or below

30% of the area median income who receive services either directly

from or contracted for by an organization identified in

subparagraph (i), which services include, but are not limited to,

mental health, substance abuse, counseling, and assistance with

daily living.

     (iii) Consists of not more than 6 individual living units.

     Sec. 59a. (1) The owner of supportive housing property shall

file with the local assessing officer a notification of that

status, which shall be in an affidavit form as provided by the

authority. The completed affidavit form first shall be submitted to

the authority for certification by the authority, subject to the

limitations provided in section 59b, that the project is supportive

housing property. The owner then shall file the certified

notification of the exemption with the local assessing officer

before November 1 of the year preceding the tax year in which the

exemption is to begin.

     (2) An owner of property for which certification as supportive

housing property is denied or a local unit of government in which

property certified as supportive housing property is located may

appeal the authority's determination to the circuit court of the

county in which the property is located.

     Sec. 59b. (1) In each year, the authority shall certify not

more than 250 individual living units as supportive housing

property. When the authority determines that it has certified as

supportive housing property 250 individual living units for that

year, the authority shall not certify any other parcel of property

as supportive housing property in that year.

     (2) Each year, 50% of the living units the authority certifies

as supportive housing property shall be existing, already operating

supportive housing projects and 50% of the living units the

authority certifies as supportive housing property shall be new

projects that have never been supportive housing projects. However,

if the number of applications for certification for existing

projects accounts for less than 50% of the number of living units

that may be certified as supportive housing property for that year,

the authority may certify new projects for the remaining number of

living units for that year.

     (3) Subject to subsection (2), the authority shall certify

property as supportive housing property on a first-come, first-

served basis.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) House Bill No. 5437.

     (b) House Bill No. 5438.