February 23, 2010, Introduced by Senator JANSEN and referred to the Committee on Finance.
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, a sleeping area, 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.
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 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.
(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 units of supportive
housing
property 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 1 of
that
year the total number of living units 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% 62
of the living units for that
year.