SB-1147, As Passed Senate, June 23, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1147
A bill to amend 1966 PA 346, entitled
"State housing development authority act of 1966,"
by amending sections 59 and 59a (MCL 125.1459 and 125.1459a), as
added by 2008 PA 456.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 owned by an organization exempt under section 501(c)(3)
of the internal revenue code, 26 USC 501, or by a nonprofit housing
corporation organized under chapter 4.
(ii) All living units are occupied by 1 or more persons each
having incomes at or below 30% of the area median income and who
each individually receive services for not less than 1 hour per
month 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.
(d) "Individual living unit" means an accommodation containing
a living area, 1 to 4 sleeping areas, bathing and sanitation
facilities, and cooking facilities equipped with a cooking range,
refrigerator, and sink, all of which are separate and distinct from
any other accommodations. An individual living unit may be served
by heating or cooling facilities that also serve additional units.
An individual unit shall not provide housing for more than 6
individuals.
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 before November 1 of the year preceding the tax year
in which the exemption is to begin for certification by the
authority 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 December 1
of the
year preceding the tax year in which the exemption is to begin. The
authority shall not accept any affidavits filed with it for
certification on or after November 1 of any year.
(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.
(3)
The authority shall certify
property as supportive housing
property
on a first-come, first-served basis. However, The
authority shall not certify more than 250 individual living units
in
each year, and not
more than 25% of the number of living 62
units
that may be certified as supportive housing property for a
year
can be in a single county. If by October November 1 of that
any year the total number of living units that the authority has
certified
for that year is less fewer than
the 250 living units,
authorized
in subsection (1), the authority
may, certify living
units
on a first-come, first-served basis in counties that received
25%
of the living units for that year. subject
to the annual state-
wide limit of 250 living units, certify additional living units in
any county that had previously reached the 62-unit limit. This
certification shall be on a first-come, first-served basis, based
on affidavits filed with the authority before November 1 of that
year, but after the county involved reached the 62-unit limit. If
not all of the affidavits can be certified without reaching the
250-unit limit, and the date and time of the filing of those
affidavits does not establish which were filed earliest, the
authority shall select and certify affidavits within that group
randomly, keeping a balance of certified units among counties that
have more than 62 certified units.