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.