Old | New | Differences | |
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1 | - | ||
2 | - | ||
1 | + | ||
2 | + | Introduced Version | |
3 | 3 | HOUSE BILL No. 1519 | |
4 | 4 | _____ | |
5 | - | DIGEST OF | |
6 | - | Citations Affected: IC 5-20. | |
5 | + | DIGEST OF INTRODUCED BILL | |
6 | + | Citations Affected: IC 5-20-1-4; IC 5-20-11.5. | |
7 | 7 | Synopsis: Workforce housing assistance program. Establishes the | |
8 | 8 | workforce housing assistance program (program). Establishes the | |
9 | 9 | workforce housing assistance revolving fund (fund) and continuously | |
10 | 10 | appropriates money in the fund to provide loans to eligible borrowers | |
11 | 11 | in connection with the purchase of residential property to be used for | |
12 | 12 | any combination of the following expenses: (1) Down payment | |
13 | 13 | assistance. (2) Payment of closing costs. (3) Payment for renovations. | |
14 | 14 | (4) Funding a permanent interest rate buydown. Provides that the | |
15 | 15 | Indiana housing and community development authority (IHCDA) shall | |
16 | 16 | administer the program and the fund. Defines an "eligible borrower" as | |
17 | 17 | a first time home buyer whose household income does not exceed | |
18 | 18 | 160% of the county's area median income in which the eligible | |
19 | 19 | borrower intends to purchase residential property. Defines a "first time | |
20 | 20 | home buyer" as an individual who has not, at any time during the three | |
21 | 21 | years preceding the date of the mortgage loan closing, had a present | |
22 | 22 | ownership interest in residential property. Defines "residential | |
23 | 23 | property" as the real property, including a single family dwelling | |
24 | - | (Continued next page) | |
25 | - | Effective: July 1, 2025. | |
26 | - | Miller D, Abbott, Moed | |
27 | - | January 21, 2025, read first time and referred to Committee on Financial Institutions. | |
28 | - | January 28, 2025, amended, reported — Do Pass. Referred to Committee on Ways and | |
29 | - | Means pursuant to Rule 126.3. | |
30 | - | HB 1519—LS 6957/DI 129 Digest Continued | |
31 | 24 | together with any other improvements on the real property, sought to | |
32 | 25 | be purchased, in part, with the proceeds of a loan made from the fund | |
33 | 26 | by an eligible borrower for use as the eligible borrower's principal | |
34 | 27 | residence. Allows the IHCDA to determine the amount of the loan that | |
35 | 28 | may be made from the fund to an eligible borrower. Specifies the | |
36 | 29 | criteria that the IHCDA must use in making loans from the fund to | |
37 | 30 | eligible borrowers, including the term of the loan, the loan's status as | |
38 | 31 | a second mortgage secured by a lien in favor of the IHCDA, and the | |
39 | 32 | maximum rate of interest for the loan. Requires the executive director | |
33 | + | (Continued next page) | |
34 | + | Effective: July 1, 2025. | |
35 | + | Miller D | |
36 | + | January 21, 2025, read first time and referred to Committee on Financial Institutions. | |
37 | + | 2025 IN 1519—LS 6957/DI 129 Digest Continued | |
40 | 38 | of the IHCDA to prepare an annual report on the fund's activities for | |
41 | - | the legislative council and the budget committee. Defines "community | |
42 | - | development financial institution". Provides that at least 5% of the | |
43 | - | money in the workforce housing assistance revolving fund must be set | |
44 | - | aside to be used for down payment assistance by a person accessing a | |
45 | - | first mortgage from an Indiana based community development financial | |
46 | - | institution. | |
47 | - | HB 1519—LS 6957/DI 129HB 1519—LS 6957/DI 129 January 28, 2025 | |
39 | + | the legislative council and the budget committee. Makes an | |
40 | + | appropriation to the fund. | |
41 | + | 2025 IN 1519—LS 6957/DI 1292025 IN 1519—LS 6957/DI 129 Introduced | |
48 | 42 | First Regular Session of the 124th General Assembly (2025) | |
49 | 43 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
50 | 44 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
51 | 45 | additions will appear in this style type, and deletions will appear in this style type. | |
52 | 46 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
53 | 47 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
54 | 48 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
55 | 49 | a new provision to the Indiana Code or the Indiana Constitution. | |
56 | 50 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
57 | 51 | between statutes enacted by the 2024 Regular Session of the General Assembly. | |
58 | 52 | HOUSE BILL No. 1519 | |
59 | 53 | A BILL FOR AN ACT to amend the Indiana Code concerning state | |
60 | 54 | offices and administration and to make an appropriation. | |
61 | 55 | Be it enacted by the General Assembly of the State of Indiana: | |
62 | 56 | 1 SECTION 1. IC 5-20-1-4, AS AMENDED BY P.L.73-2020, | |
63 | 57 | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE | |
64 | 58 | 3 JULY 1, 2025]: Sec. 4. (a) The authority has all of the powers | |
65 | 59 | 4 necessary or convenient to carry out and effectuate the purposes and | |
66 | 60 | 5 provisions of this chapter, including the power: | |
67 | 61 | 6 (1) to make or participate in the making of construction loans for | |
68 | 62 | 7 multiple family residential housing under terms that are approved | |
69 | 63 | 8 by the authority; | |
70 | 64 | 9 (2) to make or participate in the making of mortgage loans for | |
71 | 65 | 10 multiple family residential housing under terms that are approved | |
72 | 66 | 11 by the authority; | |
73 | 67 | 12 (3) to purchase or participate in the purchase from mortgage | |
74 | 68 | 13 lenders of mortgage loans made to persons of low and moderate | |
75 | 69 | 14 income for residential housing; | |
76 | 70 | 15 (4) to make loans to mortgage lenders for the purpose of | |
77 | - | ||
71 | + | 2025 IN 1519—LS 6957/DI 129 2 | |
78 | 72 | 1 furnishing funds to such mortgage lenders to be used for making | |
79 | 73 | 2 mortgage loans for persons and families of low and moderate | |
80 | 74 | 3 income. However, the obligation to repay loans to mortgage | |
81 | 75 | 4 lenders shall be general obligations of the respective mortgage | |
82 | 76 | 5 lenders and shall bear such date or dates, shall mature at such | |
83 | 77 | 6 time or times, shall be evidenced by such note, bond, or other | |
84 | 78 | 7 certificate of indebtedness, shall be subject to prepayment, and | |
85 | 79 | 8 shall contain such other provisions consistent with the purposes | |
86 | 80 | 9 of this chapter as the authority shall by rule or resolution | |
87 | 81 | 10 determine; | |
88 | 82 | 11 (5) to collect and pay reasonable fees and charges in connection | |
89 | 83 | 12 with making, purchasing, and servicing of its loans, notes, bonds, | |
90 | 84 | 13 commitments, and other evidences of indebtedness; | |
91 | 85 | 14 (6) to acquire real property, or any interest in real property, by | |
92 | 86 | 15 conveyance, including purchase in lieu of foreclosure, or | |
93 | 87 | 16 foreclosure, to own, manage, operate, hold, clear, improve, and | |
94 | 88 | 17 rehabilitate such real property and sell, assign, exchange, transfer, | |
95 | 89 | 18 convey, lease, mortgage, or otherwise dispose of or encumber | |
96 | 90 | 19 such real property where such use of real property is necessary or | |
97 | 91 | 20 appropriate to the purposes of the authority; | |
98 | 92 | 21 (7) to sell, at public or private sale, all or any part of any mortgage | |
99 | 93 | 22 or other instrument or document securing a construction loan, a | |
100 | 94 | 23 land development loan, a mortgage loan, or a loan of any type | |
101 | 95 | 24 permitted by this chapter; | |
102 | 96 | 25 (8) to procure insurance against any loss in connection with its | |
103 | 97 | 26 operations in such amounts and from such insurers as it may deem | |
104 | 98 | 27 necessary or desirable; | |
105 | 99 | 28 (9) to consent, subject to the provisions of any contract with | |
106 | 100 | 29 noteholders or bondholders which may then exist, whenever it | |
107 | 101 | 30 deems it necessary or desirable in the fulfillment of its purposes | |
108 | 102 | 31 to the modification of the rate of interest, time of payment of any | |
109 | 103 | 32 installment of principal or interest, or any other terms of any | |
110 | 104 | 33 mortgage loan, mortgage loan commitment, construction loan, | |
111 | 105 | 34 loan to lender, or contract or agreement of any kind to which the | |
112 | 106 | 35 authority is a party; | |
113 | 107 | 36 (10) to enter into agreements or other transactions with any | |
114 | 108 | 37 federal, state, or local governmental agency for the purpose of | |
115 | 109 | 38 providing adequate living quarters for such persons and families | |
116 | 110 | 39 in cities and counties where a need has been found for such | |
117 | 111 | 40 housing; | |
118 | 112 | 41 (11) to include in any borrowing such amounts as may be deemed | |
119 | 113 | 42 necessary by the authority to pay financing charges, interest on | |
120 | - | ||
114 | + | 2025 IN 1519—LS 6957/DI 129 3 | |
121 | 115 | 1 the obligations (for a period not exceeding the period of | |
122 | 116 | 2 construction and a reasonable time thereafter or if the housing is | |
123 | 117 | 3 completed, two (2) years from the date of issue of the | |
124 | 118 | 4 obligations), consultant, advisory, and legal fees and such other | |
125 | 119 | 5 expenses as are necessary or incident to such borrowing; | |
126 | 120 | 6 (12) to make and publish rules respecting its lending programs | |
127 | 121 | 7 and such other rules as are necessary to effectuate the purposes of | |
128 | 122 | 8 this chapter; | |
129 | 123 | 9 (13) to provide technical and advisory services to sponsors, | |
130 | 124 | 10 builders, and developers of residential housing and to residents | |
131 | 125 | 11 and potential residents, including housing selection and purchase | |
132 | 126 | 12 procedures, family budgeting, property use and maintenance, | |
133 | 127 | 13 household management, and utilization of community resources; | |
134 | 128 | 14 (14) to promote research and development in scientific methods | |
135 | 129 | 15 of constructing low cost residential housing of high durability; | |
136 | 130 | 16 (15) to encourage community organizations to participate in | |
137 | 131 | 17 residential housing development; | |
138 | 132 | 18 (16) to make, execute, and effectuate any and all agreements or | |
139 | 133 | 19 other documents with any governmental agency or any person, | |
140 | 134 | 20 corporation, association, partnership, limited liability company, | |
141 | 135 | 21 or other organization or entity necessary or convenient to | |
142 | 136 | 22 accomplish the purposes of this chapter; | |
143 | 137 | 23 (17) to accept gifts, devises, bequests, grants, loans, | |
144 | 138 | 24 appropriations, revenue sharing, other financing and assistance | |
145 | 139 | 25 and any other aid from any source whatsoever and to agree to, and | |
146 | 140 | 26 to comply with, conditions attached thereto; | |
147 | 141 | 27 (18) to sue and be sued in its own name, plead and be impleaded; | |
148 | 142 | 28 (19) to maintain an office in the city of Indianapolis and at such | |
149 | 143 | 29 other place or places as it may determine; | |
150 | 144 | 30 (20) to adopt an official seal and alter the same at pleasure; | |
151 | 145 | 31 (21) to adopt and from time to time amend and repeal bylaws for | |
152 | 146 | 32 the regulation of its affairs and the conduct of its business and to | |
153 | 147 | 33 prescribe rules and policies in connection with the performance | |
154 | 148 | 34 of its functions and duties; | |
155 | 149 | 35 (22) to employ fiscal consultants, engineers, attorneys, real estate | |
156 | 150 | 36 counselors, appraisers, and such other consultants and employees | |
157 | 151 | 37 as may be required in the judgment of the authority and to fix and | |
158 | 152 | 38 pay their compensation from funds available to the authority | |
159 | 153 | 39 therefor; | |
160 | 154 | 40 (23) notwithstanding IC 5-13, but subject to the requirements of | |
161 | 155 | 41 any trust agreement entered into by the authority, to invest: | |
162 | 156 | 42 (A) the authority's money, funds, and accounts; | |
163 | - | ||
157 | + | 2025 IN 1519—LS 6957/DI 129 4 | |
164 | 158 | 1 (B) any money, funds, and accounts in the authority's custody; | |
165 | 159 | 2 and | |
166 | 160 | 3 (C) proceeds of bonds or notes; | |
167 | 161 | 4 in the manner provided by an investment policy established by | |
168 | 162 | 5 resolution of the authority; | |
169 | 163 | 6 (24) to make or participate in the making of construction loans, | |
170 | 164 | 7 mortgage loans, or both, to individuals, partnerships, limited | |
171 | 165 | 8 liability companies, corporations, and organizations for the | |
172 | 166 | 9 construction of residential facilities for individuals with a | |
173 | 167 | 10 developmental disability or for individuals with a mental illness | |
174 | 168 | 11 or for the acquisition or renovation, or both, of a facility to make | |
175 | 169 | 12 it suitable for use as a new residential facility for individuals with | |
176 | 170 | 13 a developmental disability or for individuals with a mental illness; | |
177 | 171 | 14 (25) to make or participate in the making of construction and | |
178 | 172 | 15 mortgage loans to individuals, partnerships, corporations, limited | |
179 | 173 | 16 liability companies, and organizations for the construction, | |
180 | 174 | 17 rehabilitation, or acquisition of residential facilities for children; | |
181 | 175 | 18 (26) to purchase or participate in the purchase of mortgage loans | |
182 | 176 | 19 from: | |
183 | 177 | 20 (A) public utilities (as defined in IC 8-1-2-1); or | |
184 | 178 | 21 (B) municipally owned gas utility systems organized under | |
185 | 179 | 22 IC 8-1.5; | |
186 | 180 | 23 if those mortgage loans were made for the purpose of insulating | |
187 | 181 | 24 and otherwise weatherizing single family residences in order to | |
188 | 182 | 25 conserve energy used to heat and cool those residences; | |
189 | 183 | 26 (27) to provide financial assistance to mutual housing | |
190 | 184 | 27 associations (IC 5-20-3) in the form of grants, loans, or a | |
191 | 185 | 28 combination of grants and loans for the development of housing | |
192 | 186 | 29 for low and moderate income families; | |
193 | 187 | 30 (28) to service mortgage loans made or acquired by the authority | |
194 | 188 | 31 and to impose and collect reasonable fees and charges in | |
195 | 189 | 32 connection with such servicing; | |
196 | 190 | 33 (29) subject to the authority's investment policy, to enter into | |
197 | 191 | 34 swap agreements (as defined in IC 8-9.5-9-4) in accordance with | |
198 | 192 | 35 IC 8-9.5-9-5 and IC 8-9.5-9-7; | |
199 | 193 | 36 (30) to promote and foster community revitalization through | |
200 | 194 | 37 community services and real estate development; | |
201 | 195 | 38 (31) to coordinate and establish linkages between governmental | |
202 | 196 | 39 and other social services programs to ensure the effective delivery | |
203 | 197 | 40 of services to low income individuals and families, including | |
204 | 198 | 41 individuals or families facing or experiencing homelessness; | |
205 | 199 | 42 (32) to cooperate with local housing officials and plan | |
206 | - | ||
200 | + | 2025 IN 1519—LS 6957/DI 129 5 | |
207 | 201 | 1 commissions in the development of projects that the officials or | |
208 | 202 | 2 commissions have under consideration; | |
209 | 203 | 3 (33) to prescribe, in accordance with IC 32-30-10.5-10(i), a list of | |
210 | 204 | 4 documents that must be included under IC 32-30-10.5 as part of | |
211 | 205 | 5 a debtor's loss mitigation package in a foreclosure action filed | |
212 | 206 | 6 after June 30, 2011; | |
213 | 207 | 7 (34) to take actions necessary to implement its powers that the | |
214 | 208 | 8 authority determines to be appropriate and necessary to ensure the | |
215 | 209 | 9 availability of state or federal financial assistance; and | |
216 | 210 | 10 (35) to administer any program or money designated by the state | |
217 | 211 | 11 or available from the federal government or other sources that is | |
218 | 212 | 12 consistent with the authority's powers and duties. | |
219 | 213 | 13 The omission of a power from the list in this subsection does not imply | |
220 | 214 | 14 that the authority lacks that power. The authority may exercise any | |
221 | 215 | 15 power that is not listed in this subsection but is consistent with the | |
222 | 216 | 16 powers listed in this subsection to the extent that the power is not | |
223 | 217 | 17 expressly denied by the Constitution of the State of Indiana or by | |
224 | 218 | 18 another statute. | |
225 | 219 | 19 (b) This subsection does not apply to a loan made under | |
226 | 220 | 20 IC 5-20-11.5. The authority shall ensure that a mortgage loan acquired | |
227 | 221 | 21 by the authority under subsection (a)(3) or made by a mortgage lender | |
228 | 222 | 22 with funds provided by the authority under subsection (a)(4) is not | |
229 | 223 | 23 knowingly made to a person whose adjusted family income, as | |
230 | 224 | 24 determined by the authority, exceeds one hundred twenty-five percent | |
231 | 225 | 25 (125%) of the median income for the geographic area involved. | |
232 | 226 | 26 However, if the authority determines that additional encouragement is | |
233 | 227 | 27 needed for the development of the geographic area involved, a | |
234 | 228 | 28 mortgage loan acquired or made under subsection (a)(3) or (a)(4) may | |
235 | 229 | 29 be made to a person whose adjusted family income, as determined by | |
236 | 230 | 30 the authority, does not exceed one hundred forty percent (140%) of the | |
237 | 231 | 31 median income for the geographic area involved. The authority shall | |
238 | 232 | 32 establish procedures that the authority determines are appropriate to | |
239 | 233 | 33 structure and administer any program conducted under subsection | |
240 | 234 | 34 (a)(3) or (a)(4) for the purpose of acquiring or making mortgage loans | |
241 | 235 | 35 to persons of low or moderate income. In determining what constitutes | |
242 | 236 | 36 low income, moderate income, or median income for purposes of any | |
243 | 237 | 37 program conducted under subsection (a)(3) or (a)(4), the authority shall | |
244 | 238 | 38 consider: | |
245 | 239 | 39 (1) the appropriate geographic area in which to measure income | |
246 | 240 | 40 levels; and | |
247 | 241 | 41 (2) the appropriate method of calculating low income, moderate | |
248 | 242 | 42 income, or median income levels including: | |
249 | - | ||
243 | + | 2025 IN 1519—LS 6957/DI 129 6 | |
250 | 244 | 1 (A) sources of; | |
251 | 245 | 2 (B) exclusions from; and | |
252 | 246 | 3 (C) adjustments to; | |
253 | 247 | 4 income. | |
254 | 248 | 5 (c) The authority, when directed by the governor, shall administer | |
255 | 249 | 6 programs and funds under 42 U.S.C. 1437 et seq. | |
256 | 250 | 7 (d) The authority shall identify, promote, assist, and fund: | |
257 | 251 | 8 (1) home ownership education programs; and | |
258 | 252 | 9 (2) mortgage foreclosure counseling and education programs | |
259 | 253 | 10 under IC 5-20-6; | |
260 | 254 | 11 conducted throughout Indiana by nonprofit counseling agencies that the | |
261 | 255 | 12 authority has certified, or by any other public, private, or nonprofit | |
262 | 256 | 13 entity in partnership with a nonprofit agency that the authority has | |
263 | 257 | 14 certified, using funds appropriated under section 27 of this chapter. The | |
264 | 258 | 15 attorney general and the entities listed in IC 4-6-12-4(a)(1) through | |
265 | 259 | 16 IC 4-6-12-4(a)(10) shall cooperate with the authority in implementing | |
266 | 260 | 17 this subsection. | |
267 | 261 | 18 (e) The authority shall: | |
268 | 262 | 19 (1) oversee and encourage a regional homeless delivery system | |
269 | 263 | 20 that: | |
270 | 264 | 21 (A) considers the need for housing and support services; | |
271 | 265 | 22 (B) implements strategies to respond to gaps in the delivery | |
272 | 266 | 23 system; and | |
273 | 267 | 24 (C) ensures individuals and families are matched with optimal | |
274 | 268 | 25 housing solutions; | |
275 | 269 | 26 (2) facilitate the dissemination of information to assist individuals | |
276 | 270 | 27 and families accessing local resources, programs, and services | |
277 | 271 | 28 related to homelessness, housing, and community development; | |
278 | 272 | 29 and | |
279 | 273 | 30 (3) each year, estimate and reasonably determine the number of | |
280 | 274 | 31 the following: | |
281 | 275 | 32 (A) Individuals in Indiana who are homeless. | |
282 | 276 | 33 (B) Individuals in Indiana who are homeless and less than | |
283 | 277 | 34 eighteen (18) years of age. | |
284 | 278 | 35 (C) Individuals in Indiana who are homeless and not residents | |
285 | 279 | 36 of Indiana. | |
286 | 280 | 37 SECTION 2. IC 5-20-11.5 IS ADDED TO THE INDIANA CODE | |
287 | 281 | 38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
288 | 282 | 39 JULY 1, 2025]: | |
289 | 283 | 40 Chapter 11.5. Workforce Housing Assistance Program | |
290 | 284 | 41 Sec. 1. As used in this chapter, "AMI" refers to the area median | |
291 | 285 | 42 income for a county in which an eligible borrower seeks to | |
292 | - | ||
286 | + | 2025 IN 1519—LS 6957/DI 129 7 | |
293 | 287 | 1 purchase residential property. | |
294 | 288 | 2 Sec. 2. As used in this chapter, "authority" refers to the Indiana | |
295 | 289 | 3 housing and community development authority created by | |
296 | 290 | 4 IC 5-20-1-3. | |
297 | - | 5 Sec. 3. As used in this chapter, "community development | |
298 | - | 6 financial institution" means an organization that has been certified | |
299 | - | 7 as a community development financial institution by the federal | |
300 | - | 8 Community Development Financial Institutions Fund, in | |
301 | - | 9 accordance with the Riegle Community Development and | |
302 | - | 10 Regulatory Improvement Act of 1994 (108 Stat. 2160, 12 U.S.C. | |
303 | - | 11 4701 et seq.). | |
304 | - | 12 Sec. 4. As used in this chapter, "eligible borrower" means a first | |
305 | - | 13 time home buyer whose household income does not exceed one | |
306 | - | 14 hundred sixty percent (160%) of the county's AMI in which the | |
307 | - | 15 eligible borrower intends to purchase residential property. | |
308 | - | 16 Sec. 5. As used in this chapter, "first time home buyer" means | |
309 | - | 17 an individual who has not, at any time during the three (3) years | |
310 | - | 18 preceding the date of the mortgage loan closing, had a present | |
311 | - | 19 ownership interest in residential property. | |
312 | - | 20 Sec. 6. As used in this chapter, "fund" refers to the workforce | |
313 | - | 21 housing assistance revolving fund established by section 10 of this | |
314 | - | 22 chapter. | |
315 | - | 23 Sec. 7. As used in this chapter, "program" refers to the | |
316 | - | 24 workforce housing assistance program established by section 9 of | |
317 | - | 25 this chapter. | |
318 | - | 26 Sec. 8. As used in this chapter, "residential property" means the | |
319 | - | 27 real property, including a single family dwelling together with any | |
320 | - | 28 other improvements on the real property, sought to be purchased, | |
321 | - | 29 in part, with the proceeds of a loan made from the fund by an | |
322 | - | 30 eligible borrower for use as the eligible borrower's principal | |
323 | - | 31 residence. | |
324 | - | 32 Sec. 9. The workforce housing assistance program is established | |
325 | - | 33 for the purposes set forth in this chapter. | |
326 | - | 34 Sec. 10. (a) The workforce housing assistance revolving fund is | |
327 | - | 35 established to make loans under this chapter to or for the benefit | |
328 | - | 36 of eligible borrowers. | |
329 | - | 37 (b) The fund consists of the following: | |
330 | - | 38 (1) Appropriations to the fund from the general assembly. | |
331 | - | 39 (2) Grants and gifts of money to the fund. | |
332 | - | 40 (3) Repayments of loans from the fund, including interest, | |
333 | - | 41 premiums, and penalties. | |
334 | - | 42 (c) The authority shall administer, hold, and manage the fund. | |
335 | - | HB 1519—LS 6957/DI 129 8 | |
336 | - | 1 (d) The cost of administering the fund, in an amount not to | |
337 | - | 2 exceed two percent (2%) of the money in the fund at the beginning | |
338 | - | 3 of a state fiscal year, shall be paid from money in the fund. | |
339 | - | 4 (e) Money in the fund shall be used to make loans, in an amount | |
340 | - | 5 determined by the authority, to eligible borrowers. An eligible | |
341 | - | 6 borrower who receives a loan from the fund in connection with the | |
342 | - | 7 purchase of residential property may use the proceeds for any | |
343 | - | 8 combination of the following expenses: | |
344 | - | 9 (1) Down payment assistance. | |
345 | - | 10 (2) Payment of closing costs. | |
346 | - | 11 (3) Payment for renovations. | |
347 | - | 12 (4) Funding a permanent interest rate buydown. | |
348 | - | 13 (f) Loans from the fund must meet each of the following | |
349 | - | 14 criteria: | |
350 | - | 15 (1) The loan must be used in conjunction with a first mortgage | |
351 | - | 16 loan issued by a mortgage lender that is purchased by the | |
352 | - | 17 authority. | |
353 | - | 18 (2) The loan shall be provided to the eligible borrower when | |
354 | - | 19 the eligible borrower obtains a first mortgage loan as | |
355 | - | 20 described in subdivision (1). | |
356 | - | 21 (3) The loan is a second mortgage that is subordinate to the | |
357 | - | 22 first mortgage providing security for the eligible borrower's | |
358 | - | 23 purchase of the residential property. The authority shall | |
359 | - | 24 secure the amount of the loan from the fund by a lien on the | |
360 | - | 25 eligible borrower's residential property as provided in section | |
361 | - | 26 15 of this chapter. | |
362 | - | 27 (4) The interest rate of the loan may not exceed six percent | |
363 | - | 28 (6%) or the interest rate of the first mortgage, whichever is | |
364 | - | 29 lower. | |
365 | - | 30 (g) At least five percent (5%) of the money in the fund must be | |
366 | - | 31 set aside to be used for down payment assistance by a person | |
367 | - | 32 accessing a first mortgage from an Indiana based community | |
368 | - | 33 development financial institution. If money in the fund is used for | |
369 | - | 34 down payment assistance under this subsection, the following | |
370 | - | 35 apply: | |
371 | - | 36 (1) The loan shall be distributed from the authority to the | |
372 | - | 37 Indiana based community development financial institution | |
373 | - | 38 to administer to their loan purchaser. | |
374 | - | 39 (2) The loan shall revolve back to the Indiana based | |
375 | - | 40 community development financial institution and be | |
376 | - | 41 maintained by that community development financial | |
377 | - | 42 institution. | |
378 | - | HB 1519—LS 6957/DI 129 9 | |
379 | - | 1 (h) Money in the fund may not be used to provide a loan to an | |
380 | - | 2 eligible borrower for the purchase of property other than | |
381 | - | 3 residential property. | |
382 | - | 4 (i) Money in the fund is continuously appropriated for the | |
383 | - | 5 purposes of this chapter. | |
384 | - | 6 (j) Money in the fund at the end of a state fiscal year does not | |
385 | - | 7 revert to the state general fund. | |
386 | - | 8 Sec. 11. (a) The authority shall invest the money in the fund in | |
387 | - | 9 accordance with an investment policy adopted by the authority. | |
388 | - | 10 Interest, premiums, gains, or other earnings from the investments | |
389 | - | 11 shall be credited to and deposited in the fund. | |
390 | - | 12 (b) As an alternative to subsection (a), the authority may invest | |
391 | - | 13 or cause to be invested all or a part of the fund in a fiduciary | |
392 | - | 14 account or accounts with a trustee that is a financial institution. | |
393 | - | 15 Notwithstanding any other law, any investment may be made by | |
394 | - | 16 the trustee in accordance with one (1) or more trust agreements or | |
395 | - | 17 indentures. A trust agreement or indenture may permit | |
396 | - | 18 disbursement by the trustee to: | |
397 | - | 19 (1) an eligible borrower; | |
398 | - | 20 (2) the authority; or | |
399 | - | 21 (3) any person to which the authority or an eligible borrower | |
400 | - | 22 is obligated, as provided in the trust agreement or indenture. | |
401 | - | 23 Sec. 12. This chapter does not require the authority to provide | |
402 | - | 24 a loan to any eligible borrower to the extent the authority | |
403 | - | 25 determines the loan is not in the best interests of the program and | |
404 | - | 26 the authority. | |
405 | - | 27 Sec. 13. The authority shall do the following under this chapter: | |
406 | - | 28 (1) Administer and manage the program. | |
407 | - | 29 (2) Prepare and provide program information or program | |
408 | - | 30 guides to eligible borrowers and mortgage lenders. | |
409 | - | 31 (3) Conduct or cause to be conducted an evaluation as to the | |
410 | - | 32 financial ability of each eligible borrower to pay the loan. | |
411 | - | 33 Sec. 14. The authority shall prescribe the form on which a | |
412 | - | 34 prospective borrower may apply for a loan from the fund in | |
413 | - | 35 connection with the purchase of residential property. The form | |
414 | - | 36 prescribed under this section must include all information and | |
415 | - | 37 documents that the authority considers necessary to determine | |
416 | - | 38 whether the borrower is an eligible borrower. | |
417 | - | 39 Sec. 15. The authority may also establish any other terms and | |
418 | - | 40 conditions that the authority considers necessary or convenient to | |
419 | - | 41 make loans under this chapter. | |
420 | - | 42 Sec. 16. The authority shall secure the amount of the loan made | |
421 | - | HB 1519—LS 6957/DI 129 10 | |
422 | - | 1 from the fund to an eligible borrower by a lien on the eligible | |
423 | - | 2 borrower's residential property for a period of at least fifteen (15) | |
424 | - | 3 years and not more than thirty (30) years. The lien shall attach, | |
425 | - | 4 and may be perfected, collected, and enforced in the same manner | |
426 | - | 5 as a first mortgage on the eligible borrower's residential property, | |
427 | - | 6 and shall otherwise have the same force and effect as a first | |
428 | - | 7 mortgage lien. | |
429 | - | 8 Sec. 17. Not later than August 1, 2026, and not later than August | |
430 | - | 9 1 of each year thereafter, the executive director of the authority | |
431 | - | 10 shall prepare for the budget committee established by IC 4-12-1-3 | |
432 | - | 11 and the legislative council a report that includes the following: | |
433 | - | 12 (1) Information concerning the loans made available to | |
434 | - | 13 eligible borrowers from the fund during each fiscal year. | |
435 | - | 14 (2) Any other information requested by the budget committee | |
436 | - | 15 and the legislative council. | |
437 | - | 16 The report to the legislative council must be in an electronic format | |
438 | - | 17 under IC 5-14-6. | |
439 | - | HB 1519—LS 6957/DI 129 11 | |
440 | - | COMMITTEE REPORT | |
441 | - | Mr. Speaker: Your Committee on Financial Institutions, to which | |
442 | - | was referred House Bill 1519, has had the same under consideration | |
443 | - | and begs leave to report the same back to the House with the | |
444 | - | recommendation that said bill be amended as follows: | |
445 | - | Page 7, between lines 4 and 5, begin a new paragraph and insert: | |
446 | - | "Sec. 3. As used in this chapter, "community development | |
447 | - | financial institution" means an organization that has been certified | |
448 | - | as a community development financial institution by the federal | |
449 | - | Community Development Financial Institutions Fund, in | |
450 | - | accordance with the Riegle Community Development and | |
451 | - | Regulatory Improvement Act of 1994 (108 Stat. 2160, 12 U.S.C. | |
452 | - | 4701 et seq.).". | |
453 | - | Page 7, line 5, delete "3." and insert "4.". | |
454 | - | Page 7, line 9, delete "4." and insert "5.". | |
455 | - | Page 7, line 13, delete "5." and insert "6.". | |
456 | - | Page 7, line 14, delete "9" and insert "10". | |
457 | - | Page 7, line 16, delete "6." and insert "7.". | |
458 | - | Page 7, line 17, delete "8" and insert "9". | |
459 | - | Page 7, line 19, delete "7." and insert "8.". | |
460 | - | Page 7, line 25, delete "8." and insert "9.". | |
461 | - | Page 7, line 27, delete "9." and insert "10.". | |
462 | - | Page 8, line 9, delete "not". | |
463 | - | Page 8, between lines 22 and 23, begin a new paragraph and insert: | |
464 | - | "(g) At least five percent (5%) of the money in the fund must be | |
465 | - | set aside to be used for down payment assistance by a person | |
466 | - | accessing a first mortgage from an Indiana based community | |
467 | - | development financial institution. If money in the fund is used for | |
468 | - | down payment assistance under this subsection, the following | |
469 | - | apply: | |
470 | - | (1) The loan shall be distributed from the authority to the | |
471 | - | Indiana based community development financial institution | |
472 | - | to administer to their loan purchaser. | |
473 | - | (2) The loan shall revolve back to the Indiana based | |
474 | - | community development financial institution and be | |
475 | - | maintained by that community development financial | |
476 | - | institution.". | |
477 | - | Page 8, line 23, delete "(g)" and insert "(h)". | |
478 | - | Page 8, line 26, delete "(h)" and insert "(i)". | |
479 | - | Page 8, line 28, delete "(i)" and insert "(j)". | |
480 | - | Page 8, line 30, delete "10." and insert "11.". | |
481 | - | HB 1519—LS 6957/DI 129 12 | |
482 | - | Page 9, line 3, delete "11." and insert "12.". | |
483 | - | Page 9, line 7, delete "12." and insert "13.". | |
484 | - | Page 9, line 13, delete "13." and insert "14.". | |
485 | - | Page 9, line 19, delete "14." and insert "15.". | |
486 | - | Page 9, line 22, delete "15." and insert "16.". | |
487 | - | Page 9, line 30, delete "16." and insert "17.". | |
488 | - | Page 9, delete lines 40 through 42. | |
489 | - | Delete page 10. | |
490 | - | and when so amended that said bill do pass. | |
491 | - | (Reference is to HB 1519 as introduced.) | |
492 | - | TESHKA | |
493 | - | Committee Vote: yeas 11, nays 1. | |
494 | - | HB 1519—LS 6957/DI 129 | |
291 | + | 5 Sec. 3. As used in this chapter, "eligible borrower" means a first | |
292 | + | 6 time home buyer whose household income does not exceed one | |
293 | + | 7 hundred sixty percent (160%) of the county's AMI in which the | |
294 | + | 8 eligible borrower intends to purchase residential property. | |
295 | + | 9 Sec. 4. As used in this chapter, "first time home buyer" means | |
296 | + | 10 an individual who has not, at any time during the three (3) years | |
297 | + | 11 preceding the date of the mortgage loan closing, had a present | |
298 | + | 12 ownership interest in residential property. | |
299 | + | 13 Sec. 5. As used in this chapter, "fund" refers to the workforce | |
300 | + | 14 housing assistance revolving fund established by section 9 of this | |
301 | + | 15 chapter. | |
302 | + | 16 Sec. 6. As used in this chapter, "program" refers to the | |
303 | + | 17 workforce housing assistance program established by section 8 of | |
304 | + | 18 this chapter. | |
305 | + | 19 Sec. 7. As used in this chapter, "residential property" means the | |
306 | + | 20 real property, including a single family dwelling together with any | |
307 | + | 21 other improvements on the real property, sought to be purchased, | |
308 | + | 22 in part, with the proceeds of a loan made from the fund by an | |
309 | + | 23 eligible borrower for use as the eligible borrower's principal | |
310 | + | 24 residence. | |
311 | + | 25 Sec. 8. The workforce housing assistance program is established | |
312 | + | 26 for the purposes set forth in this chapter. | |
313 | + | 27 Sec. 9. (a) The workforce housing assistance revolving fund is | |
314 | + | 28 established to make loans under this chapter to or for the benefit | |
315 | + | 29 of eligible borrowers. | |
316 | + | 30 (b) The fund consists of the following: | |
317 | + | 31 (1) Appropriations to the fund from the general assembly. | |
318 | + | 32 (2) Grants and gifts of money to the fund. | |
319 | + | 33 (3) Repayments of loans from the fund, including interest, | |
320 | + | 34 premiums, and penalties. | |
321 | + | 35 (c) The authority shall administer, hold, and manage the fund. | |
322 | + | 36 (d) The cost of administering the fund, in an amount not to | |
323 | + | 37 exceed two percent (2%) of the money in the fund at the beginning | |
324 | + | 38 of a state fiscal year, shall be paid from money in the fund. | |
325 | + | 39 (e) Money in the fund shall be used to make loans, in an amount | |
326 | + | 40 determined by the authority, to eligible borrowers. An eligible | |
327 | + | 41 borrower who receives a loan from the fund in connection with the | |
328 | + | 42 purchase of residential property may use the proceeds for any | |
329 | + | 2025 IN 1519—LS 6957/DI 129 8 | |
330 | + | 1 combination of the following expenses: | |
331 | + | 2 (1) Down payment assistance. | |
332 | + | 3 (2) Payment of closing costs. | |
333 | + | 4 (3) Payment for renovations. | |
334 | + | 5 (4) Funding a permanent interest rate buydown. | |
335 | + | 6 (f) Loans from the fund must meet each of the following | |
336 | + | 7 criteria: | |
337 | + | 8 (1) The loan must be used in conjunction with a first mortgage | |
338 | + | 9 loan issued by a mortgage lender that is not purchased by the | |
339 | + | 10 authority. | |
340 | + | 11 (2) The loan shall be provided to the eligible borrower when | |
341 | + | 12 the eligible borrower obtains a first mortgage loan as | |
342 | + | 13 described in subdivision (1). | |
343 | + | 14 (3) The loan is a second mortgage that is subordinate to the | |
344 | + | 15 first mortgage providing security for the eligible borrower's | |
345 | + | 16 purchase of the residential property. The authority shall | |
346 | + | 17 secure the amount of the loan from the fund by a lien on the | |
347 | + | 18 eligible borrower's residential property as provided in section | |
348 | + | 19 15 of this chapter. | |
349 | + | 20 (4) The interest rate of the loan may not exceed six percent | |
350 | + | 21 (6%) or the interest rate of the first mortgage, whichever is | |
351 | + | 22 lower. | |
352 | + | 23 (g) Money in the fund may not be used to provide a loan to an | |
353 | + | 24 eligible borrower for the purchase of property other than | |
354 | + | 25 residential property. | |
355 | + | 26 (h) Money in the fund is continuously appropriated for the | |
356 | + | 27 purposes of this chapter. | |
357 | + | 28 (i) Money in the fund at the end of a state fiscal year does not | |
358 | + | 29 revert to the state general fund. | |
359 | + | 30 Sec. 10. (a) The authority shall invest the money in the fund in | |
360 | + | 31 accordance with an investment policy adopted by the authority. | |
361 | + | 32 Interest, premiums, gains, or other earnings from the investments | |
362 | + | 33 shall be credited to and deposited in the fund. | |
363 | + | 34 (b) As an alternative to subsection (a), the authority may invest | |
364 | + | 35 or cause to be invested all or a part of the fund in a fiduciary | |
365 | + | 36 account or accounts with a trustee that is a financial institution. | |
366 | + | 37 Notwithstanding any other law, any investment may be made by | |
367 | + | 38 the trustee in accordance with one (1) or more trust agreements or | |
368 | + | 39 indentures. A trust agreement or indenture may permit | |
369 | + | 40 disbursement by the trustee to: | |
370 | + | 41 (1) an eligible borrower; | |
371 | + | 42 (2) the authority; or | |
372 | + | 2025 IN 1519—LS 6957/DI 129 9 | |
373 | + | 1 (3) any person to which the authority or an eligible borrower | |
374 | + | 2 is obligated, as provided in the trust agreement or indenture. | |
375 | + | 3 Sec. 11. This chapter does not require the authority to provide | |
376 | + | 4 a loan to any eligible borrower to the extent the authority | |
377 | + | 5 determines the loan is not in the best interests of the program and | |
378 | + | 6 the authority. | |
379 | + | 7 Sec. 12. The authority shall do the following under this chapter: | |
380 | + | 8 (1) Administer and manage the program. | |
381 | + | 9 (2) Prepare and provide program information or program | |
382 | + | 10 guides to eligible borrowers and mortgage lenders. | |
383 | + | 11 (3) Conduct or cause to be conducted an evaluation as to the | |
384 | + | 12 financial ability of each eligible borrower to pay the loan. | |
385 | + | 13 Sec. 13. The authority shall prescribe the form on which a | |
386 | + | 14 prospective borrower may apply for a loan from the fund in | |
387 | + | 15 connection with the purchase of residential property. The form | |
388 | + | 16 prescribed under this section must include all information and | |
389 | + | 17 documents that the authority considers necessary to determine | |
390 | + | 18 whether the borrower is an eligible borrower. | |
391 | + | 19 Sec. 14. The authority may also establish any other terms and | |
392 | + | 20 conditions that the authority considers necessary or convenient to | |
393 | + | 21 make loans under this chapter. | |
394 | + | 22 Sec. 15. The authority shall secure the amount of the loan made | |
395 | + | 23 from the fund to an eligible borrower by a lien on the eligible | |
396 | + | 24 borrower's residential property for a period of at least fifteen (15) | |
397 | + | 25 years and not more than thirty (30) years. The lien shall attach, | |
398 | + | 26 and may be perfected, collected, and enforced in the same manner | |
399 | + | 27 as a first mortgage on the eligible borrower's residential property, | |
400 | + | 28 and shall otherwise have the same force and effect as a first | |
401 | + | 29 mortgage lien. | |
402 | + | 30 Sec. 16. Not later than August 1, 2026, and not later than August | |
403 | + | 31 1 of each year thereafter, the executive director of the authority | |
404 | + | 32 shall prepare for the budget committee established by IC 4-12-1-3 | |
405 | + | 33 and the legislative council a report that includes the following: | |
406 | + | 34 (1) Information concerning the loans made available to | |
407 | + | 35 eligible borrowers from the fund during each fiscal year. | |
408 | + | 36 (2) Any other information requested by the budget committee | |
409 | + | 37 and the legislative council. | |
410 | + | 38 The report to the legislative council must be in an electronic format | |
411 | + | 39 under IC 5-14-6. | |
412 | + | 40 SECTION 3. [EFFECTIVE JULY 1, 2025] (a) The following | |
413 | + | 41 amounts are appropriated from the state general fund to the | |
414 | + | 42 Indiana housing and community development authority for deposit | |
415 | + | 2025 IN 1519—LS 6957/DI 129 10 | |
416 | + | 1 in the workforce housing assistance revolving fund established by | |
417 | + | 2 IC 5-20-11.5-9, as added by this act: | |
418 | + | 3 (1) For the state fiscal year beginning July 1, 2025, and ending | |
419 | + | 4 June 30, 2026, fifty million dollars ($50,000,000). | |
420 | + | 5 (2) For the state fiscal year beginning July 1, 2026, and ending | |
421 | + | 6 June 30, 2027, fifty million dollars ($50,000,000). | |
422 | + | 7 (b) This SECTION expires July 1, 2027. | |
423 | + | 2025 IN 1519—LS 6957/DI 129 |