1 | | - | Date of enactment: June 22, 2023 |
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2 | | - | 2023 Assembly Bill 265 Date of publication*: June 23, 2023 |
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3 | | - | 2023 WISCONSIN ACT 15 |
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4 | | - | AN ACT to create 234.661 of the statutes; relating to: a main street housing rehabilitation revolving loan fund and |
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5 | | - | loan program. |
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6 | | - | The people of the state of Wisconsin, represented in |
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7 | | - | senate and assembly, do enact as follows: |
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| 1 | + | LRB-2198/1 |
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| 2 | + | MPG:cjs |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 ASSEMBLY BILL 265 |
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| 5 | + | May 16, 2023 - Introduced by Representatives HURD, BROOKS, EMERSON, SNYDER, |
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| 6 | + | STEFFEN, ROZAR, ALLEN, C. ANDERSON, BEHNKE, BRANDTJEN, DITTRICH, |
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| 7 | + | DONOVAN, DOYLE, DUCHOW, EDMING, GREEN, GUNDRUM, JOERS, KITCHENS, |
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| 8 | + | MURPHY, O'CONNOR, ORTIZ-VELEZ, PENTERMAN, PETRYK, PLUMER, RETTINGER, |
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| 9 | + | SCHMIDT, SCHRAA, SHANKLAND, SINICKI, SWEARINGEN, WICHGERS and KRUG, |
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| 10 | + | cosponsored by Senators JAGLER, QUINN, FEYEN, JACQUE, STROEBEL and |
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| 11 | + | STAFSHOLT. Referred to Committee on Housing and Real Estate. |
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| 12 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 13 | + | AN ACT to create 234.661 of the statutes; relating to: a main street housing |
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| 14 | + | rehabilitation revolving loan fund and loan program. |
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| 15 | + | Analysis by the Legislative Reference Bureau |
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| 16 | + | This bill establishes a main street housing rehabilitation revolving loan fund |
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| 17 | + | under the jurisdiction and control of the Wisconsin Housing and Economic |
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| 18 | + | Development Authority. The purpose of the fund is for WHEDA to award loans as |
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| 19 | + | provided in the bill to owners of rental housing for eligible projects. A project is |
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| 20 | + | eligible under the bill if it is for housing rehabilitation of single-family or |
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| 21 | + | multifamily rental housing to which all of the following apply: |
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| 22 | + | 1. Is located on the second or third floor of an existing two- or three-story |
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| 23 | + | building with a commercial use on the main floor, if the space in the building that is |
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| 24 | + | devoted to a commercial use constitutes no more than two-thirds of the building's |
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| 25 | + | gross square footage. |
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| 26 | + | 2. Was constructed at least 40 years prior to the loan application. |
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| 27 | + | 3. Has not been significantly improved for at least 30 years prior to the loan |
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| 28 | + | application. |
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| 29 | + | 4. Is vacant or has been underutilized. |
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| 30 | + | 5. Constitutes workforce housing. The bill defines workforce housing based on |
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| 31 | + | the ratio of housing costs and the ratio of household income to the area median |
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| 32 | + | income of the county in which the rental housing is located, adjusted for family size, |
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| 33 | + | as published annually by the federal Department of Housing and Urban |
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| 34 | + | Development. |
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| 35 | + | 1 |
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| 36 | + | 2 - 2 -2023 - 2024 Legislature LRB-2198/1 |
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| 37 | + | MPG:cjs |
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| 38 | + | ASSEMBLY BILL 265 |
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| 39 | + | Under the bill, eligible housing rehabilitation consists of improvements to |
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| 40 | + | maintain the housing in a decent, safe, and sanitary condition or to restore it to that |
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| 41 | + | condition, including any of the following: |
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| 42 | + | 1. Repairing or replacing a heating system, electrical system, internal |
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| 43 | + | plumbing system, interior wall or ceiling, roof, window, exterior door, or flooring. |
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| 44 | + | 2. Repairing or replacing insulation or siding. |
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| 45 | + | 3. Remediating lead paint or asbestos. |
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| 46 | + | In accordance with a semiannual application process established by WHEDA, |
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| 47 | + | an owner of rental housing may apply to WHEDA for a loan for an eligible project |
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| 48 | + | under the program, but WHEDA may not award the loan unless the rental housing |
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| 49 | + | owner and the political subdivision having jurisdiction of the housing rehabilitation |
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| 50 | + | project demonstrate to the satisfaction of WHEDA in one or more forms prescribed |
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| 51 | + | by WHEDA that all of the following apply: |
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| 52 | + | 1. The owner has secured has secured the necessary financial resources for the |
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| 53 | + | total cost of the housing rehabilitation project not to be covered by a loan from |
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| 54 | + | WHEDA. |
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| 55 | + | 2. The owner has secured all applicable federal, state, and local government |
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| 56 | + | permits or other approvals for the eligible project. |
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| 57 | + | 3. The eligible political subdivision has reduced the cost of rental housing in |
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| 58 | + | connection with the eligible project by voluntarily revising zoning ordinances, |
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| 59 | + | subdivision regulations, or other land development regulations to increase |
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| 60 | + | development density, expedite approvals, reduce impact fees, or reduce parking, |
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| 61 | + | building, or other development costs with respect to the eligible project. |
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| 62 | + | 4. The eligible political subdivision is in compliance with certain statutory |
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| 63 | + | housing planning and reporting requirements. |
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| 64 | + | 5. The eligible political subdivision has updated the housing element of its |
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| 65 | + | comprehensive plan required by statute within the immediately preceding five |
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| 66 | + | years. |
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| 67 | + | If in any application cycle there are insufficient moneys available in the main |
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| 68 | + | street housing rehabilitation revolving loan fund to fund all applications that meet |
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| 69 | + | the requirements of the bill and are otherwise acceptable to WHEDA, WHEDA is |
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| 70 | + | required to prioritize funding loans for eligible projects in eligible political |
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| 71 | + | subdivisions that have reduced the cost of rental housing as described in item 3 above |
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| 72 | + | with respect to the political subdivision as a whole. |
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| 73 | + | The bill requires that WHEDA enter into an agreement with each owner of |
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| 74 | + | rental housing receiving a loan under the bill that establishes the term and other |
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| 75 | + | conditions of the loan. The agreement is required to include certain provisions, some |
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| 76 | + | of which are to be recorded with the applicable register of deeds and to run with the |
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| 77 | + | land, that are designed to ensure that the rental housing rehabilitated using loan |
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| 78 | + | proceeds remains workforce housing for at least 10 years. |
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| 79 | + | Additionally, the bill requires WHEDA, for a period of four years, to set aside |
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| 80 | + | 30 percent of any moneys appropriated to the fund in the 2023-25 fiscal biennium |
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| 81 | + | for rental housing rehabilitation projects in cities, villages, and towns with a |
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| 82 | + | population of 10,000 or less. The bill also limits the amount of each loan to $20,000 - 3 -2023 - 2024 Legislature |
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| 83 | + | LRB-2198/1 |
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| 84 | + | MPG:cjs |
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| 85 | + | ASSEMBLY BILL 265 |
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| 86 | + | per dwelling unit or 25 percent of the total cost of the housing rehabilitation project, |
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| 87 | + | whichever is less. |
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| 88 | + | Finally, the bill prohibits WHEDA from charging any interest on a loan, |
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| 89 | + | requires that WHEDA take actions to market the availability of loans under the bill, |
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| 90 | + | and requires WHEDA to submit annual reports to the Joint Committee on Finance |
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| 91 | + | and legislative committees having jurisdiction over housing relating to the loan |
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| 92 | + | program and the main street housing rehabilitation revolving loan fund created |
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| 93 | + | under the bill. |
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| 94 | + | Because this bill may increase or decrease, directly or indirectly, the cost of the |
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| 95 | + | development, construction, financing, purchasing, sale, ownership, or availability of |
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| 96 | + | housing in this state, the Department of Administration, as required by law, will |
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| 97 | + | prepare a report to be printed as an appendix to this bill. |
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| 98 | + | For further information see the state fiscal estimate, which will be printed as |
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| 99 | + | an appendix to this bill. |
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| 100 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 101 | + | enact as follows: |
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9 | | - | 234.661 Main street housing rehabilitation |
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10 | | - | revolving loan fund and loan program. (1) DEFINI- |
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11 | | - | TIONS. In this section: |
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12 | | - | (a) “Area median income” means the area median |
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13 | | - | family income in the county in which the housing is |
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14 | | - | located, adjusted for family size, as published annually |
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15 | | - | by the federal department of housing and urban develop- |
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16 | | - | ment. |
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17 | | - | (b) “Eligible political subdivision” means the city, |
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18 | | - | village, town, or county having jurisdiction of an eligible |
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19 | | - | project, as determined by the authority. |
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20 | | - | (c) “Eligible project” means a project for housing |
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21 | | - | rehabilitation of existing workforce housing that satisfies |
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22 | | - | all of the following conditions: |
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23 | | - | 1. Is located on the 2nd or 3rd floor of an existing |
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24 | | - | 2−story or 3−story building with a commercial use on the |
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25 | | - | main floor, if the space in the building that is devoted to |
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26 | | - | a commercial use constitutes no more than two−thirds of |
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27 | | - | the building’s gross square footage. |
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28 | | - | 2. Is located in a building that was constructed at least |
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29 | | - | 40 years prior to the date of application under sub. (3) (b). |
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30 | | - | 3. Has not been significantly improved for at least 20 |
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31 | | - | years prior to the date of application under sub. (3) (b), |
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32 | | - | as determined by the authority. |
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33 | | - | 4. Is vacant or has been underutilized, as determined |
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34 | | - | by the authority. |
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35 | | - | 5. Has not been the subject of a claim for a state or |
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36 | | - | federal historic rehabilitation tax credit, as determined by |
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37 | | - | the authority. |
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38 | | - | 6. Has not received financial assistance from tax |
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39 | | - | increments generated by an active tax incremental dis- |
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40 | | - | trict. |
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41 | | - | (d) “Housing rehabilitation” means that portion of an |
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42 | | - | improvement to rental housing that relates to an eligible |
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43 | | - | project if the improvement is to maintain the housing in |
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44 | | - | a decent, safe, and sanitary condition or to restore it to |
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45 | | - | that condition, including any of the following: |
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46 | | - | 1. Repairing or replacing a heating system, electrical |
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47 | | - | system, internal plumbing system, interior wall or ceil- |
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48 | | - | ing, roof, window, exterior door, or flooring. |
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| 103 | + | 234.661 Main street housing rehabilitation revolving loan fund and |
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| 104 | + | loan program. (1) DEFINITIONS. In this section: |
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| 105 | + | (a) “Area median income" means the area median family income in the county |
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| 106 | + | in which the housing is located, adjusted for family size, as published annually by |
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| 107 | + | the federal department of housing and urban development. |
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| 108 | + | (b) “Eligible political subdivision” means the city, village, town, or county |
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| 109 | + | having jurisdiction of an eligible project, as determined by the authority. |
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| 110 | + | (c) “Eligible project” means a project for housing rehabilitation of existing |
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| 111 | + | workforce housing that satisfies all of the following conditions: |
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| 112 | + | 1. Is located on the 2nd or 3rd floor of an existing 2-story or 3-story building |
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| 113 | + | with a commercial use on the main floor, if the space in the building that is devoted |
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| 114 | + | to a commercial use constitutes no more than two-thirds of the building's gross |
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| 115 | + | square footage. |
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| 129 | + | 14 - 4 -2023 - 2024 Legislature LRB-2198/1 |
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| 130 | + | MPG:cjs |
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| 131 | + | SECTION 1 ASSEMBLY BILL 265 |
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| 132 | + | 2. Is located in a building that was constructed at least 40 years prior to the date |
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| 133 | + | of application under sub. (3) (b). |
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| 134 | + | 3. Has not been significantly improved for at least 30 years prior to the date of |
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| 135 | + | application under sub. (3) (b), as determined by the authority. |
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| 136 | + | 4. Is vacant or has been underutilized, as determined by the authority. |
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| 137 | + | (d) “Housing rehabilitation” means that portion of an improvement to rental |
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| 138 | + | housing that relates to an eligible project if the improvement is to maintain the |
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| 139 | + | housing in a decent, safe, and sanitary condition or to restore it to that condition, |
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| 140 | + | including any of the following: |
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| 141 | + | 1. Repairing or replacing a heating system, electrical system, internal |
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| 142 | + | plumbing system, interior wall or ceiling, roof, window, exterior door, or flooring. |
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50 | | - | 3. Remediating lead paint, asbestos, or mold in |
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51 | | - | accordance with applicable local, state, and federal laws |
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52 | | - | and regulations. |
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53 | | - | (e) “Rental housing” means single−family or multi- |
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54 | | - | family housing offered or intended to be offered for rent |
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55 | | - | that is subject to taxation under ch. 70. |
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56 | | - | (f) “Workforce housing” means rental housing to |
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57 | | - | which all of the following apply: |
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58 | | - | 1. The estimated annual housing costs, as defined |
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59 | | - | under s. 16.301 (3), do not exceed, or are not expected to |
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60 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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61 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 15 2023 Assembly Bill 265 |
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62 | | - | exceed, 30 percent of 100 percent of the area median |
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63 | | - | income, with family size determined using the federal |
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64 | | - | imputed income limitation, as defined in 26 USC 42 (g) |
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65 | | - | (2) (C), and the utility−related costs if not included in the |
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66 | | - | rent equal the utility allowance determined by the federal |
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67 | | - | department of housing and urban development. |
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68 | | - | 2. The housing is for occupancy by individuals |
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69 | | - | whose annual household income does not exceed 100 |
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70 | | - | percent of the area median income. |
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71 | | - | (2) ESTABLISHMENT OF FUND. (a) There is established |
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72 | | - | under the jurisdiction and control of the authority a main |
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73 | | - | street housing rehabilitation revolving loan fund, for the |
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74 | | - | purpose of providing loans under sub. (3). The authority |
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75 | | - | may use moneys in the fund to cover actual and necessary |
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76 | | - | expenses, including marketing expenses under sub. (4), |
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77 | | - | incurred to accomplish the purposes of this section and |
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78 | | - | administer the fund. The fund shall consist of all of the |
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79 | | - | following: |
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80 | | - | 1. All moneys appropriated to the authority for the |
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81 | | - | fund. |
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82 | | - | 2. All moneys received from the repayment of loans |
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83 | | - | under sub. (3). |
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84 | | - | (am) In its discretion, the authority may invest fund |
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85 | | - | moneys that are not required for immediate use or dis- |
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86 | | - | bursement in all of the following to the extent lawful for |
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87 | | - | fiduciaries in this state: |
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88 | | - | 1. An obligation of the United States or one of its |
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89 | | - | agencies or instrumentalities, or an obligation the princi- |
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90 | | - | pal and interest of which are guaranteed by the United |
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91 | | - | States or one of its agencies or instrumentalities. |
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92 | | - | 2. An obligation of any state, or of any county, city, |
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93 | | - | or other political subdivision of a state, having long−term |
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94 | | - | ratings in the AA category or higher. |
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95 | | - | 3. A certificate of deposit. |
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96 | | - | 4. The state investment fund. |
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97 | | - | 5. A money market mutual fund restricted to one or |
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98 | | - | more investments as provided in subd. 1., 2., 3., or 4. |
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99 | | - | (an) All investments under par. (am) shall be the |
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100 | | - | exclusive property of the fund. All earnings on or income |
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101 | | - | from such investments shall be credited to the fund. |
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102 | | - | (b) Of the amounts deposited in the fund under par. |
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103 | | - | (a) 1. in the 2023−25 fiscal biennium, the authority shall |
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104 | | - | return to the secretary of administration for deposit in the |
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105 | | - | general fund all such amounts not encumbered or |
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106 | | - | expended for an eligible project as of the first day of the |
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107 | | - | 8th year beginning after the effective date of this para- |
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108 | | - | graph .... [LRB inserts date]. |
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109 | | - | (c) No moneys in the fund may be invested under s. |
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110 | | - | 234.03 (18). |
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111 | | - | (3) ESTABLISHMENT AND ADMINISTRATION OF REVOLV- |
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112 | | - | ING LOAN PROGRAM. (a) The authority shall establish and |
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113 | | - | administer a main street housing rehabilitation revolving |
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114 | | - | loan program for the purpose of awarding loans under |
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115 | | - | this subsection. |
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116 | | - | (b) From the main street housing rehabilitation |
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117 | | - | revolving loan fund, the authority may award loans to |
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118 | | - | owners of rental housing to cover housing rehabilitation |
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119 | | - | costs for an eligible project. Any owner of rental hous- |
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120 | | - | ing, other than a city, village, town, or county, may apply |
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121 | | - | to the authority for a loan in accordance with the applica- |
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122 | | - | tion process established by the authority under par. (c), |
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123 | | - | but the authority may not award the loan unless the owner |
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124 | | - | of the rental housing and eligible political subdivision |
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125 | | - | demonstrate to the satisfaction of the authority in one or |
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126 | | - | more forms prescribed by the authority that all of the fol- |
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127 | | - | lowing apply: |
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128 | | - | 1. The owner has secured the necessary financial |
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129 | | - | resources for the total cost of the housing rehabilitation |
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130 | | - | project not to be covered by a loan from the authority |
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| 144 | + | 3. Remediating lead paint or asbestos. |
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| 145 | + | (e) “Rental housing” means single-family or multifamily housing offered or |
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| 146 | + | intended to be offered for rent that is subject to taxation under ch. 70. |
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| 147 | + | (f) “Workforce housing” means rental housing to which all of the following |
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| 148 | + | apply: |
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| 149 | + | 1. The estimated annual housing costs, as defined under s. 16.301 (3), do not |
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| 150 | + | exceed, or are not expected to exceed, 30 percent of 100 percent of the area median |
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| 151 | + | income, with family size determined using the federal imputed income limitation, as |
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| 152 | + | defined in 26 USC 42 (g) (2) (C), and the utility-related costs if not included in the |
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| 153 | + | rent equal the utility allowance determined by the federal department of housing |
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| 154 | + | and urban development. |
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| 155 | + | 2. The housing is for occupancy by individuals whose annual household income |
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| 156 | + | does not exceed 100 percent of the area median income. |
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| 181 | + | 25 - 5 -2023 - 2024 Legislature |
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| 182 | + | LRB-2198/1 |
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| 183 | + | MPG:cjs |
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| 184 | + | SECTION 1 |
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| 185 | + | ASSEMBLY BILL 265 |
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| 186 | + | (2) ESTABLISHMENT OF FUND. (a) There is established under the jurisdiction and |
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| 187 | + | control of the authority a main street housing rehabilitation revolving loan fund, for |
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| 188 | + | the purpose of providing loans under sub. (3). The authority may use moneys in the |
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| 189 | + | fund to cover actual and necessary expenses, including marketing expenses under |
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| 190 | + | sub. (4), incurred to accomplish the purposes of this section and administer the fund. |
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| 191 | + | The fund shall consist of all of the following: |
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| 192 | + | 1. All moneys appropriated to the authority for the fund. |
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| 193 | + | 2. All moneys received from the repayment of loans under sub. (3). |
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| 194 | + | (b) Of the amounts deposited in the fund under par. (a) 1. in the 2023-25 fiscal |
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| 195 | + | biennium, the authority shall return to the secretary of administration for deposit |
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| 196 | + | in the general fund all such amounts not encumbered or expended for an eligible |
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| 197 | + | project as of the first day of the 8th year beginning after the effective date of this |
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| 198 | + | paragraph .... [LRB inserts date]. |
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| 199 | + | (c) No moneys in the fund may be invested under s. 234.03 (18). |
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| 200 | + | (3) ESTABLISHMENT AND ADMINISTRATION OF REVOLVING LOAN PROGRAM. (a) The |
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| 201 | + | authority shall establish and administer a main street housing rehabilitation |
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| 202 | + | revolving loan program for the purpose of awarding loans under this subsection. |
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| 203 | + | (b) From the main street housing rehabilitation revolving loan fund, the |
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| 204 | + | authority may award loans to owners of rental housing to cover housing |
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| 205 | + | rehabilitation costs for an eligible project. Any owner of rental housing, other than |
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| 206 | + | a city, village, town, or county, may apply to the authority for a loan in accordance |
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| 207 | + | with the application process established by the authority under par. (c), but the |
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| 208 | + | authority may not award the loan unless the owner of the rental housing and eligible |
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| 209 | + | political subdivision demonstrate to the satisfaction of the authority in one or more |
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| 210 | + | forms prescribed by the authority that all of the following apply: |
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| 235 | + | 25 - 6 -2023 - 2024 Legislature LRB-2198/1 |
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| 236 | + | MPG:cjs |
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| 237 | + | SECTION 1 ASSEMBLY BILL 265 |
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| 238 | + | 1. The owner has secured the necessary financial resources for the total cost |
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| 239 | + | of the housing rehabilitation project not to be covered by a loan from the authority |
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132 | | - | 2. The owner has secured all applicable federal, state, |
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133 | | - | and local government permits or other approvals for the |
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134 | | - | eligible project. |
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135 | | - | 3. The eligible political subdivision has reduced the |
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136 | | - | cost of rental housing in connection with the eligible |
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137 | | - | project by voluntarily revising zoning ordinances, subdi- |
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138 | | - | vision regulations, or other land development regulations |
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139 | | - | to increase development density, expedite approvals, |
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140 | | - | reduce impact fees, or reduce parking, building, or other |
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141 | | - | development costs with respect to the eligible project. |
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142 | | - | For purposes of this subdivision, the political subdivision |
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143 | | - | in cooperation with the owner shall submit to the author- |
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144 | | - | ity a cost reduction analysis in a form prescribed by the |
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145 | | - | authority and signed by the owner and the head of the |
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146 | | - | political subdivision’s governing body that shows the |
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147 | | - | cost reduction measures, including time saving mea- |
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148 | | - | sures, undertaken by the political subdivision on or after |
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149 | | - | January 1, 2023, that have reduced the cost of rental hous- |
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150 | | - | ing in connection with the eligible project. The signed |
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151 | | - | analysis shall clearly show for each time saving or cost |
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152 | | - | reduction measure the estimated time or dollar amount |
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153 | | - | saved by the owner and the estimated percentage reduc- |
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154 | | - | tion in rental housing costs. |
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155 | | - | 4. The eligible political subdivision is in compliance |
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156 | | - | with the requirements under ss. 66.1001, 66.10013, and |
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157 | | - | 66.10014, to the extent those requirements apply to the |
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158 | | - | political subdivision. |
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159 | | - | 5. The eligible political subdivision has updated the |
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160 | | - | housing element of its comprehensive plan under s. |
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161 | | - | 66.1001 (2) (b) within the 5 years immediately preceding |
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162 | | - | the date of the loan application. |
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163 | | - | (c) The authority shall establish a semiannual appli- |
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164 | | - | cation process for the award of loans under this subsec- |
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165 | | - | tion. If in any application cycle there are insufficient |
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166 | | - | moneys available in the main street housing rehabilita- |
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167 | | - | tion revolving loan fund to fund all applications that meet |
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168 | | - | the requirements under par. (b) and are otherwise accept- |
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169 | | - | able to the authority, the authority shall prioritize funding |
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170 | | - | loans for eligible projects in eligible political subdivi- |
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171 | | - | sions that have reduced the cost of rental housing as |
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172 | | - | described in par. (b) 3. but with respect to the political |
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173 | | - | subdivision as a whole. − 3 − 2023 Wisconsin Act 15 2023 Assembly Bill 265 |
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174 | | - | (d) No loan awarded under this subsection may |
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175 | | - | exceed $20,000 per dwelling unit or 25 percent of the |
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176 | | - | total housing rehabilitation project costs, whichever is |
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177 | | - | less, and the authority may establish an interest rate for |
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178 | | - | any loan awarded under this subsection at or below the |
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179 | | - | market interest rate or may charge no interest. |
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180 | | - | (e) The authority shall set aside 30 percent of all mon- |
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181 | | - | eys deposited in the fund under sub. (2) (a) 1. in the |
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182 | | - | 2023−25 fiscal biennium for a period of not less than 4 |
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183 | | - | years following the effective date of this paragraph .... |
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184 | | - | [LRB inserts date], for loans under this subsection to |
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185 | | - | owners of rental housing for eligible projects in cities, |
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186 | | - | villages, and towns with a population of 10,000 or less. |
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187 | | - | For purposes of this paragraph, if a single loan supports |
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188 | | - | eligible projects in more than one city, village, or town, |
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189 | | - | the amount of such loan attributable to any one city, vil- |
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190 | | - | lage, or town shall be calculated by prorating the loan |
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191 | | - | amount between the cities, villages, and towns based on |
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192 | | - | the number of rental housing units supported by the loan. |
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193 | | - | (f) 1. The authority and each owner receiving a loan |
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194 | | - | under this subsection shall enter into an agreement estab- |
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195 | | - | lishing the term and other conditions of the loan. The |
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196 | | - | agreement shall include, and give the authority the power |
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197 | | - | to enforce, all of the following requirements: |
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198 | | - | a. That the full amount of the loan shall become due |
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199 | | - | upon the owner’s sale of the rental housing rehabilitated |
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200 | | - | with loan proceeds. |
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201 | | - | b. That all rental housing rehabilitated with loan pro- |
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202 | | - | ceeds shall remain workforce housing for a period com- |
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203 | | - | mencing on the date of the loan and concluding 10 years |
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204 | | - | following initial occupancy of all of the rental units of the |
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205 | | - | housing rehabilitated with loan proceeds. This restric- |
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206 | | - | tion shall be recorded against the rental property with the |
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207 | | - | applicable register of deeds and shall run with the land. |
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208 | | - | c. That the owner of the rental housing, for a period |
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209 | | - | commencing on the date of the loan and concluding 10 |
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210 | | - | years following initial occupancy of all of the rental units |
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211 | | - | rehabilitated using loan proceeds, shall annually submit |
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212 | | - | to the authority a certified rent roll for the housing that |
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213 | | - | sets forth for each rental unit the monthly rent required |
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214 | | - | under the lease, the actual monthly rent received for the |
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215 | | - | preceding year, and an identification of the utilities and |
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216 | | - | their amounts included in the rent. This restriction shall |
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217 | | - | be recorded against the residential property with the |
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218 | | - | applicable register of deeds and shall run with the land. |
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219 | | - | The authority shall use the information provided under |
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220 | | - | this subd. 1. c. to confirm that the rental housing contin- |
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221 | | - | ues to meet the housing costs limitation for purposes of |
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222 | | - | sub. (1) (f) 1. The authority shall calculate the applicable |
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223 | | - | monthly limitation on housing costs for each year by |
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224 | | - | dividing the area median income for the year by 12, with |
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225 | | - | family size determined using the federal imputed income |
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226 | | - | limitation, as defined in 26 USC 42 (g) (2) (C). If in any |
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227 | | - | year the area median income has decreased compared to |
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228 | | - | the prior year, the applicable housing cost limitation shall |
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229 | | - | be calculated based on the most recent area median |
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230 | | - | income information prior to such decrease. The authority |
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231 | | - | shall keep confidential all information an owner of rental |
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232 | | - | housing submits to the authority under this subd. 1. c. |
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233 | | - | d. If the rental housing to be rehabilitated with loan |
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234 | | - | proceeds contains lead paint, asbestos, or mold, the |
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235 | | - | authority’s loan agreement with the owner shall require |
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236 | | - | the owner to remediate the hazardous material or condi- |
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237 | | - | tion as required by and in accordance with local, state, |
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238 | | - | and federal laws or regulations. |
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239 | | - | 2. Any restriction recorded against the property |
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240 | | - | under subd. 1. shall terminate on the date the property is |
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241 | | - | acquired by foreclosure, or by an instrument in lieu of |
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242 | | - | foreclosure, unless the authority determines that the |
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243 | | - | acquisition is part of an arrangement a purpose of which |
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244 | | - | is to terminate the restriction. |
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245 | | - | (g) In addition to other criteria explicitly provided for |
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246 | | - | under this subsection, in awarding each loan under this |
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247 | | - | subsection, the authority shall take into account only the |
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248 | | - | following in descending order of priority: |
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249 | | - | 1. Credit risk, collateral, and the need for a loan guar- |
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250 | | - | antee. |
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| 241 | + | 2. The owner has secured all applicable federal, state, and local government |
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| 242 | + | permits or other approvals for the eligible project. |
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| 243 | + | 3. The eligible political subdivision has reduced the cost of rental housing in |
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| 244 | + | connection with the eligible project by voluntarily revising zoning ordinances, |
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| 245 | + | subdivision regulations, or other land development regulations to increase |
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| 246 | + | development density, expedite approvals, reduce impact fees, or reduce parking, |
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| 247 | + | building, or other development costs with respect to the eligible project. For purposes |
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| 248 | + | of this subdivision, the political subdivision in cooperation with the owner shall |
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| 249 | + | submit to the authority a cost reduction analysis in a form prescribed by the |
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| 250 | + | authority and signed by the owner and the head of the political subdivision's |
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| 251 | + | governing body that shows the cost reduction measures, including time saving |
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| 252 | + | measures, undertaken by the political subdivision on or after January 1, 2023, that |
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| 253 | + | have reduced the cost of rental housing in connection with the eligible project. The |
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| 254 | + | signed analysis shall clearly show for each time saving or cost reduction measure the |
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| 255 | + | estimated time or dollar amount saved by the owner and the estimated percentage |
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| 256 | + | reduction in rental housing costs. |
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| 257 | + | 4. The eligible political subdivision is in compliance with the requirements |
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| 258 | + | under ss. 66.1001, 66.10013, and 66.10014, to the extent those requirements apply |
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| 259 | + | to the political subdivision. |
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| 260 | + | 5. The eligible political subdivision has updated the housing element of its |
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| 261 | + | comprehensive plan under s. 66.1001 (2) (b) within the 5 years immediately |
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| 262 | + | preceding the date of the loan application. |
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| 287 | + | 25 - 7 -2023 - 2024 Legislature |
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| 288 | + | LRB-2198/1 |
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| 289 | + | MPG:cjs |
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| 290 | + | SECTION 1 |
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| 291 | + | ASSEMBLY BILL 265 |
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| 292 | + | (c) The authority shall establish a semiannual application process for the |
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| 293 | + | award of loans under this subsection. If in any application cycle there are insufficient |
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| 294 | + | moneys available in the main street housing rehabilitation revolving loan fund to |
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| 295 | + | fund all applications that meet the requirements under par. (b) and are otherwise |
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| 296 | + | acceptable to the authority, the authority shall prioritize funding loans for eligible |
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| 297 | + | projects in eligible political subdivisions that have reduced the cost of rental housing |
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| 298 | + | as described in par. (b) 3. but with respect to the political subdivision as a whole. |
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| 299 | + | (d) No loan awarded under this subsection may exceed $20,000 per dwelling |
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| 300 | + | unit or 25 percent of the total housing rehabilitation project costs, whichever is less, |
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| 301 | + | and the authority shall charge no interest on the loan. |
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| 302 | + | (e) The authority shall set aside 30 percent of all moneys deposited in the fund |
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| 303 | + | under sub. (2) (a) 1. in the 2023-25 fiscal biennium for a period of not less than 4 years |
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| 304 | + | following the effective date of this paragraph .... [LRB inserts date], for loans under |
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| 305 | + | this subsection to owners of rental housing for eligible projects in cities, villages, and |
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| 306 | + | towns with a population of 10,000 or less. For purposes of this paragraph, if a single |
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| 307 | + | loan supports eligible projects in more than one city, village, or town, the amount of |
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| 308 | + | such loan attributable to any one city, village, or town shall be calculated by prorating |
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| 309 | + | the loan amount between the cities, villages, and towns based on the number of |
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| 310 | + | rental housing units supported by the loan. |
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| 311 | + | (f) 1. The authority and each owner receiving a loan under this subsection shall |
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| 312 | + | enter into an agreement establishing the term and other conditions of the loan. The |
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| 313 | + | agreement shall include, and give the authority the power to enforce, all of the |
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| 314 | + | following requirements: |
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| 315 | + | a. That the full amount of the loan shall become due upon the owner's sale of |
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| 316 | + | the rental housing rehabilitated with loan proceeds. |
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| 341 | + | 25 - 8 -2023 - 2024 Legislature LRB-2198/1 |
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| 342 | + | MPG:cjs |
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| 343 | + | SECTION 1 ASSEMBLY BILL 265 |
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| 344 | + | b. That all rental housing rehabilitated with loan proceeds shall remain |
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| 345 | + | workforce housing for a period commencing on the date of the loan and concluding |
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| 346 | + | 10 years following initial occupancy of all of the rental units of the housing |
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| 347 | + | rehabilitated with loan proceeds. This restriction shall be recorded against the |
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| 348 | + | rental property with the applicable register of deeds and shall run with the land. |
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| 349 | + | c. That the owner of the rental housing, for a period commencing on the date |
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| 350 | + | of the loan and concluding 10 years following initial occupancy of all of the rental |
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| 351 | + | units rehabilitated using loan proceeds, shall annually submit to the authority a |
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| 352 | + | certified rent roll for the housing that sets forth for each rental unit the monthly rent |
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| 353 | + | required under the lease, the actual monthly rent received for the preceding year, |
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| 354 | + | and an identification of the utilities and their amounts included in the rent. This |
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| 355 | + | restriction shall be recorded against the residential property with the applicable |
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| 356 | + | register of deeds and shall run with the land. The authority shall use the information |
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| 357 | + | provided under this subd. 1. c. to confirm that the rental housing continues to meet |
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| 358 | + | the housing costs limitation for purposes of sub. (1) (f) 1. The authority shall |
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| 359 | + | calculate the applicable monthly limitation on housing costs for each year by dividing |
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| 360 | + | the area median income for the year by 12, with family size determined using the |
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| 361 | + | federal imputed income limitation, as defined in 26 USC 42 (g) (2) (C). If in any year |
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| 362 | + | the area median income has decreased compared to the prior year, the applicable |
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| 363 | + | housing cost limitation shall be calculated based on the most recent area median |
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| 364 | + | income information prior to such decrease. |
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| 365 | + | 2. Any restriction recorded against the property under subd. 1. shall terminate |
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| 366 | + | on the date the property is acquired by foreclosure, or by an instrument in lieu of |
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| 367 | + | foreclosure, unless the authority determines that the acquisition is part of an |
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| 368 | + | arrangement a purpose of which is to terminate the restriction. |
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| 393 | + | 25 - 9 -2023 - 2024 Legislature |
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| 394 | + | LRB-2198/1 |
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| 395 | + | MPG:cjs |
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| 396 | + | SECTION 1 |
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| 397 | + | ASSEMBLY BILL 265 |
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| 398 | + | (g) In addition to other criteria explicitly provided for under this subsection, in |
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| 399 | + | awarding each loan under this subsection, the authority shall take into account only |
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| 400 | + | the following in descending order of priority: |
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| 401 | + | 1. Credit risk, collateral, and the need for a loan guarantee. |
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253 | | - | (3m) POLICIES AND PROCEDURES. The authority shall |
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254 | | - | establish policies and procedures to administer the main |
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255 | | - | street housing rehabilitation revolving loan fund and pro- |
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256 | | - | gram under this section. The policies and procedures |
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257 | | - | shall, to the extent practicable, do all of the following: |
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258 | | - | (a) Incorporate the authority’s policies and proce- |
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259 | | - | dures for establishing credit underwriting guidelines. |
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260 | | - | (b) Require that the full amount of each loan under |
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261 | | - | sub. (3) is secured by one or more unlimited personal |
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262 | | - | guarantees, unless the developer provides no personal |
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263 | | - | guarantee on any first mortgage for the eligible project |
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264 | | - | and the developer’s total debt associated with project |
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265 | | - | does not exceed 75 percent of the total collateral value of |
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266 | | - | the project, as determined by the authority. |
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267 | | - | (c) Establish loan repayment requirements. |
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268 | | - | (4) MARKETING. The authority shall establish and |
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269 | | - | administer a marketing program to advertise the loans |
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270 | | - | available under this section. |
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271 | | - | (5) ANNUAL REPORTS. Beginning in 2024, no later |
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272 | | - | than August 1 of each year, the authority shall submit to |
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273 | | - | the joint committee on finance and under s. 13.172 (3) to |
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274 | | - | the standing committees of the legislature having juris- |
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275 | | - | diction over matters related to housing a report that |
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276 | | - | includes all of the following: |
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277 | | - | (a) A statement of the condition and balance of the |
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278 | | - | main street housing rehabilitation revolving loan fund. |
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279 | | - | (b) Information concerning each loan awarded under |
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280 | | - | sub. (3), including all of the following: |
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281 | | - | 1. The date, amount, amortization period, and current |
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282 | | - | status of the loan. |
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283 | | - | 2. An identification of the owner of rental housing |
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284 | | - | receiving the loan. − 4 −2023 Wisconsin Act 15 2023 Assembly Bill 265 |
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285 | | - | 3. A description of the eligible project funded with |
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286 | | - | the loan. |
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287 | | - | 4. An identification of the eligible political subdivi- |
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288 | | - | sion with respect to which the loan was awarded. |
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289 | | - | (c) The number of dwelling units rehabilitated to date |
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290 | | - | as a result of the loan program and the locations and sale |
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291 | | - | or estimated sale or rental prices of the dwelling units. |
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| 404 | + | (4) MARKETING. The authority shall establish and administer a marketing |
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| 405 | + | program to advertise the loans available under this section. |
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| 406 | + | (5) ANNUAL REPORTS. Beginning in 2024, no later than August 1 of each year, |
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| 407 | + | the authority shall submit to the joint committee on finance and under s. 13.172 (3) |
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| 408 | + | to the standing committees of the legislature having jurisdiction over matters |
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| 409 | + | related to housing a report that includes all of the following: |
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| 410 | + | (a) A statement of the condition and balance of the main street housing |
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| 411 | + | rehabilitation revolving loan fund. |
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| 412 | + | (b) Information concerning each loan awarded under sub. (3), including all of |
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| 413 | + | the following: |
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| 414 | + | 1. The date, amount, amortization period, and current status of the loan. |
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| 415 | + | 2. An identification of the owner of rental housing receiving the loan. |
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| 416 | + | 3. A description of the eligible project funded with the loan. |
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| 417 | + | 4. An identification of the eligible political subdivision with respect to which |
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| 418 | + | the loan was awarded. |
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| 419 | + | (c) The number of dwelling units rehabilitated to date as a result of the loan |
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| 420 | + | program and the locations and sale or estimated sale or rental prices of the dwelling |
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| 421 | + | units. |
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| 422 | + | (END) |
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