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Regular Session, 2012
SENATE BILL NO. 714
BY SENATOR BROOME
HOUSING. Provides relative to the Louisiana Housing Corporation Act. (8/1/12)
AN ACT1
To amend and reenact R.S. 40:600.87(8), and 600.91(A)(18)(c), and (27), to enact R.S.2
40:600.91(A)(28)(b)(ii)(oo) and (pp) and (E), and to repeal R.S.3
40:600.91(A)(28)(b)(ii)(ii) , relative to the Louisiana Housing Corporation Act; to4
provide for the definition of "persons or families of low or moderate income"; to5
provide for the powers and duties of the corporation; to provide for members on the6
commission; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:600.87(8), and 600.91(A)(18)(c), and (27) are hereby amended9
and reenacted and R.S. 40:600.91(A)(28)(b)(ii)(oo) and (pp) and (E) are hereby enacted to10
read as follows: 11
§600.87. Definitions12
The following terms, whenever used or referred to in this Chapter shall have13
the following meanings, unless the context clearly indicates otherwise:14
* * *15
(8) "Persons or families of low or moderate income" means an individual or16
household whose income qualifies as low income or moderate income as defined by17 SB NO. 714
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the United States Department of Housing and Urban Development (HUD) as1
adjusted from time to time. HUD defines low income as any individual or household2
earning less than fifty percent of the area median income. HUD defines moderate3
income as any individual or household earning between fifty percent and eighty4
percent of the area median income. determined from time to time by the5
corporation's board of directors in a manner consistent with federal housing6
programs.7
* * *8
§600.91. Powers and duties of the corporation9
A. The corporation shall have the powers necessary or convenient to carry10
out and effectuate the purposes and provisions of this Chapter, including the11
following powers in addition to all other powers granted by other provisions of this12
Chapter:13
* * *14
(18) In carrying out its functions under this Chapter, the corporation shall15
accomplish all of the following:16
* * *17
(c) The board of directors of the corporation shall establish statewide policy18
for the financing of housing for persons or families of low or moderate income and19
for senior citizens and persons with disabilities and such policy shall apply to all20
units, divisions, agencies, public corporations, and instrumentalities of the state, and21
may include the division of administration, involved directly or indirectly in22
financing single family or multi-family housing for such persons or families.23
* * *24
(27) The corporation shall have all powers necessary to access any and all25
federal funding related to housing. The corporation may access programs funded26
by the Department of Housing and Urban Development's Community27
Development Block Grants.28
(28) * * *29 SB NO. 714
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(b) * * *1
(ii) The commission shall be comprised of the following members:2
* * *3
(oo) The superintendent of the Department of Education, or his4
designee.5
(pp) The secretary of the Department of Economic Development, or his6
designee.7
* * *8
E. The Louisiana Housing Corporation is authorized and directed to9
finance mixed-income residential rental developments or homeownership using10
federal housing tax benefits or any other available federal funds or benefits.11
Section 2. R.S. 40:600.91(A)(28)(b)(ii)(ii) is hereby repealed.12
The original instrument was prepared by Ann S. Brown. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Danielle Doiron.
DIGEST
Broome (SB 714)
Present law defines "persons or families of low or moderate income" as an individual or
household whose income qualifies as defined by HUD. HUD defines:
1. Low income as individuals or household earnings less than 50% of the area median
income.
2. Moderate income as individuals or household earnings between 50% and 80% of the
area median income.
Proposed law changes present law by removing HUD's income limit as a qualifier in
identifying "persons or families of low or moderate income".
Proposed law allows the board of directors of the Louisiana Housing Corporation (LHC) to
determine who qualifies as a "person or families of low or moderate income" in a manner
consistent with federal housing programs.
Present law provides that the board of directors of the corporation shall establish statewide
policy for the financing of housing for persons or families of low or moderate income and
for senior citizens and persons with disabilities. Further provides that such policy shall
apply to all units, divisions, agencies, public corporations, and instrumentalities of the state
involved directly or indirectly in financing single family or multi-family housing for such
persons or families.
Proposed law retains present law and provides that the above policies may apply to the
division of administration. SB NO. 714
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Present law provides that the corporation shall have all powers necessary to access any and
all federal funding related to housing.
Proposed law retains present law and specifies that the corporation may access funds
provided through HUD's Community Development Block Grants.
Present law provides for a 15 member board of commissioners comprised of the following:
1. The executive director of the Louisiana Housing Corporation, or his designee.
2. One member appointed by the commissioner of administration to represent the office
of facility planning and control.
3. The secretary of the Department of Transportation and Development, or his
designee.
4. The secretary of the Department of Children and Family Services, or his designee.
5. The president of the Louisiana Housing Alliance, or his designee.
6. One member appointed by the National Association of Regional Councils from its
Louisiana chapter.
7. One member appointed by the Louisiana chapter of the Association of Metropolitan
Planning Organizations.
8. One member appointed by the National Association of Housing and Redevelopment
Officials from its Louisiana chapter.
9. One member appointed by the Center for Planning Excellence.
10. Two members of nonprofit housing development organizations appointed by the
board of the Louisiana Housing Corporation.
11.One member appointed by the Louisiana Housing Council.
12.One member appointed by the Policy Jury Association of Louisiana.
13.One member appointed by Louisiana Municipal Association.
14.One member appointed by the Louisiana state chapter of the American Planning
Association.
Proposed law retains present law and removes the appointment of one member by the Center
for Planning Excellence from the board of commissioners.
Proposed law retains present law and adds the following two persons to the corporation's
board:
1. The superintendent of the Department of Education, or his designee.
2. The secretary of the Department of Economic Development, or his designee.
Proposed law authorizes and directs LHC to finance mixed-income residential rental
developments or homeownership using federal housing tax benefits or any other available
federal funds or benefits.
Effective August 1, 2012. SB NO. 714
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(Amends R.S. 40:600.87(8), and 600.91(A)(18)(c),(27), and (28)(b)(ii); adds R.S.
40:600.91(E); repeals R.S. 40:600.91(A)(28)(b)(ii)(ii))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Changes from requiring that the corporations statewide policy for the
financing of housing, for persons or families of low or moderate income
apply to the division of administration office of community development
program to make such permissive.
Senate Floor Amendments to engrossed bill
1. Removes the appointment of one member by the Center for Planning
Excellence from the board of commissioners.
2. Technical amendments.