S. B. No. 111 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 111

Senator Boccieri

Cosponsors: Senators Miller, D., Cafaro, Padgett

A BILL

To amend section 174.03 of the Revised Code to 1
require the Ohio Housing Finance Agency to develop 2
and implement a program to provide housing for 3
low-income grandparents who are guardians of a 4
grandchild, have legal custody of a grandchild, or 5
adopt a grandchild after a parent's rights are 6
terminated. 7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 174.03 of the Revised Code be amended 8
to read as follows: 9

       Sec. 174.03. (A) The department of development and the Ohio 10
housing finance agency shall each develop programs under which, in 11
accordance with rules adopted under this section, they may make 12
grants, loans, loan guarantees, and loan subsidies to counties, 13
municipal corporations, townships, local housing authorities, and 14
nonprofit organizations and may make loans, loan guarantees, and 15
loan subsidies to private developers and private lenders to assist 16
in activities that provide housing and housing assistance for 17
specifically targeted low- and moderate-income families and 18
individuals. There is no minimum housing project size for awards 19
under this division for any project that is developed for a 20
special needs population and that is supported by a social service 21
agency where the housing project is located. Activities for which 22
grants, loans, loan guarantees, and loan subsidies may be made 23
under this section include all of the following: 24

       (1) Acquiring, financing, constructing, leasing, 25
rehabilitating, remodeling, improving, and equipping publicly or 26
privately owned housing; 27

       (2) Providing supportive services related to housing and the 28
homeless, including housing counseling. Not more than twenty per 29
cent of the current year appropriation authority for the low- and 30
moderate-income housing trust fund that remains after the award of 31
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of 32
section 174.02 of the Revised Code, shall be awarded in any fiscal 33
year for supportive services. 34

       (3) Providing rental assistance payments or other project 35
operating subsidies that lower tenant rents. 36

       (B) Grants, loans, loan guarantees, and loan subsidies may be 37
made to counties, municipal corporations, townships, and nonprofit 38
organizations for the additional purposes of providing technical 39
assistance, design and finance services and consultation, and 40
payment of pre-development and administrative costs related to any 41
of the activities listed above. 42

       (C) In developing programs under this section, the department 43
and the agency shall invite, accept, and consider public comment, 44
and recommendations from the housing trust fund advisory committee 45
created under section 174.06 of the Revised Code, on how the 46
programs should be designed to most effectively benefit low- and 47
moderate-income families and individuals. The programs developed 48
under this section shall respond collectively to housing and 49
housing assistance needs of low- and moderate-income families and 50
individuals statewide. 51

       (D) The department and the agency, in accordance with Chapter 52
119. of the Revised Code, shall each adopt rules to administer 53
programs developed under this section. The rules shall prescribe 54
procedures and forms that counties, municipal corporations, 55
townships, local housing authorities, and nonprofit organizations 56
shall use in applying for grants, loans, loan guarantees, and loan 57
subsidies and that private developers and private lenders shall 58
use in applying for loans, loan guarantees, and loan subsidies; 59
eligibility criteria for the receipt of funds; procedures for 60
reviewing and granting or denying applications; procedures for 61
paying out funds; conditions on the use of funds; procedures for 62
monitoring the use of funds; and procedures under which a 63
recipient shall be required to repay funds that are improperly 64
used. The rules shall do both of the following: 65

       (1) Require each recipient of a grant or loan made from the 66
low- and moderate-income housing trust fund for activities that 67
provide, or assist in providing, a rental housing project, to 68
reasonably ensure that the rental housing project will remain 69
affordable to those families and individuals targeted for the 70
rental housing project for the useful life of the rental housing 71
project or for thirty years, whichever is longer; 72

       (2) Require each recipient of a grant or loan made from the 73
low- and moderate-income housing trust fund for activities that 74
provide, or assist in providing, a housing project to prepare and 75
implement a plan to reasonably assist any families and individuals 76
displaced by the housing project in obtaining decent affordable 77
housing. 78

       (E) In prescribing eligibility criteria and conditions for 79
the use of funds, neither the department nor the agency is limited 80
to the criteria and conditions specified in this section and each 81
may prescribe additional eligibility criteria and conditions that 82
relate to the purposes for which grants, loans, loan guarantees, 83
and loan subsidies may be made. However, the department and agency 84
are limited by the following specifically targeted low- and 85
moderate-income guidelines: 86

       (1) Not less than seventy-five per cent of the money granted 87
and loaned under this section in any fiscal year shall be for 88
activities that provide affordable housing and housing assistance 89
to families and individuals whose incomes are equal to or less 90
than fifty per cent of the median income for the county in which 91
they live, as determined by the department under section 174.04 92
of the Revised Code. 93

       (2) Any money granted and loaned under this section in any 94
fiscal year that is not granted or loaned pursuant to division 95
(E)(1) of this section shall be for activities that provide 96
affordable housing and housing assistance to families and 97
individuals whose incomes are equal to or less than eighty per 98
cent of the median income for the county in which they live, as 99
determined by the department under section 174.04 of the Revised 100
Code. 101

       (F) In making grants, loans, loan guarantees, and loan 102
subsidies under this section, the department and the agency shall 103
give preference to viable projects and activities that benefit 104
those families and individuals whose incomes are equal to or less 105
than thirty-five per cent of the median income for the county in 106
which they live, as determined by the department under section 107
174.04 of the Revised Code. 108

       (G) The department and the agency shall monitor the programs 109
developed under this section to ensure that money granted and 110
loaned under this section is not used in a manner that violates 111
division (H) of section 4112.02 of the Revised Code or 112
discriminates against families with children. 113

       (H)(1) The Ohio housing finance agency shall develop and 114
implement a program to provide housing for low-income grandparents 115
and their minor grandchildren. The housing shall be located in 116
complexes in which occupancy is limited to grandparents who meet 117
one of the following requirements: 118

        (a) Is a guardian for a grandchild as defined in division 119
(A)(16) of section 2151.011 of the Revised Code; 120

        (b) Has legal custody of a grandchild as defined in division 121
(A)(19) of section 2151.011 of the Revised Code; 122

        (c) Has adopted a grandchild after a parent's rights have 123
been terminated. 124

        (2) For the purpose of this division, "grandparent" means a 125
parent of a child's parent, a parent of a grandparent, and any 126
person the agency determines stands in the place of a grandparent. 127

       Section 2. That existing section 174.03 of the Revised Code 128
is hereby repealed. 129

       Section 3. The Ohio Housing Finance Agency shall implement 130
the housing program developed pursuant to division (H) of section 131
174.03 of the Revised Code, as that section is amended by this 132
act, within two years following the effective date of this section 133
to the extent that the agency has entered into contracts with 134
persons to provide the housing by that time. 135

Section 1. That section 174.03 of the Revised Code be amended	8
to read as follows:	9

Sec. 174.03. (A) The department of development and the Ohio	10
housing finance agency shall each develop programs under which, in	11
accordance with rules adopted under this section, they may make	12
grants, loans, loan guarantees, and loan subsidies to counties,	13
municipal corporations, townships, local housing authorities, and	14
nonprofit organizations and may make loans, loan guarantees, and	15
loan subsidies to private developers and private lenders to assist	16
in activities that provide housing and housing assistance for	17
specifically targeted low- and moderate-income families and	18
individuals. There is no minimum housing project size for awards	19
under this division for any project that is developed for a	20
special needs population and that is supported by a social service	21
agency where the housing project is located. Activities for which	22
grants, loans, loan guarantees, and loan subsidies may be made	23
under this section include all of the following:	24

(1) Acquiring, financing, constructing, leasing,	25
rehabilitating, remodeling, improving, and equipping publicly or	26
privately owned housing;	27

(2) Providing supportive services related to housing and the	28
homeless, including housing counseling. Not more than twenty per	29
cent of the current year appropriation authority for the low- and	30
moderate-income housing trust fund that remains after the award of	31
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	32
section 174.02 of the Revised Code, shall be awarded in any fiscal	33
year for supportive services.	34

(3) Providing rental assistance payments or other project	35
operating subsidies that lower tenant rents.	36

(B) Grants, loans, loan guarantees, and loan subsidies may be	37
made to counties, municipal corporations, townships, and nonprofit	38
organizations for the additional purposes of providing technical	39
assistance, design and finance services and consultation, and	40
payment of pre-development and administrative costs related to any	41
of the activities listed above.	42

(C) In developing programs under this section, the department	43
and the agency shall invite, accept, and consider public comment,	44
and recommendations from the housing trust fund advisory committee	45
created under section 174.06 of the Revised Code, on how the	46
programs should be designed to most effectively benefit low- and	47
moderate-income families and individuals. The programs developed	48
under this section shall respond collectively to housing and	49
housing assistance needs of low- and moderate-income families and	50
individuals statewide.	51

(D) The department and the agency, in accordance with Chapter	52
119. of the Revised Code, shall each adopt rules to administer	53
programs developed under this section. The rules shall prescribe	54
procedures and forms that counties, municipal corporations,	55
townships, local housing authorities, and nonprofit organizations	56
shall use in applying for grants, loans, loan guarantees, and loan	57
subsidies and that private developers and private lenders shall	58
use in applying for loans, loan guarantees, and loan subsidies;	59
eligibility criteria for the receipt of funds; procedures for	60
reviewing and granting or denying applications; procedures for	61
paying out funds; conditions on the use of funds; procedures for	62
monitoring the use of funds; and procedures under which a	63
recipient shall be required to repay funds that are improperly	64
used. The rules shall do both of the following:	65

(1) Require each recipient of a grant or loan made from the	66
low- and moderate-income housing trust fund for activities that	67
provide, or assist in providing, a rental housing project, to	68
reasonably ensure that the rental housing project will remain	69
affordable to those families and individuals targeted for the	70
rental housing project for the useful life of the rental housing	71
project or for thirty years, whichever is longer;	72

(2) Require each recipient of a grant or loan made from the	73
low- and moderate-income housing trust fund for activities that	74
provide, or assist in providing, a housing project to prepare and	75
implement a plan to reasonably assist any families and individuals	76
displaced by the housing project in obtaining decent affordable	77
housing.	78

(E) In prescribing eligibility criteria and conditions for	79
the use of funds, neither the department nor the agency is limited	80
to the criteria and conditions specified in this section and each	81
may prescribe additional eligibility criteria and conditions that	82
relate to the purposes for which grants, loans, loan guarantees,	83
and loan subsidies may be made. However, the department and agency	84
are limited by the following specifically targeted low- and	85
moderate-income guidelines:	86

(1) Not less than seventy-five per cent of the money granted	87
and loaned under this section in any fiscal year shall be for	88
activities that provide affordable housing and housing assistance	89
to families and individuals whose incomes are equal to or less	90
than fifty per cent of the median income for the county in which	91
they live, as determined by the department under section 174.04	92
of the Revised Code.	93

(2) Any money granted and loaned under this section in any	94
fiscal year that is not granted or loaned pursuant to division	95
(E)(1) of this section shall be for activities that provide	96
affordable housing and housing assistance to families and	97
individuals whose incomes are equal to or less than eighty per	98
cent of the median income for the county in which they live, as	99
determined by the department under section 174.04 of the Revised	100
Code.	101

(F) In making grants, loans, loan guarantees, and loan	102
subsidies under this section, the department and the agency shall	103
give preference to viable projects and activities that benefit	104
those families and individuals whose incomes are equal to or less	105
than thirty-five per cent of the median income for the county in	106
which they live, as determined by the department under section	107
174.04 of the Revised Code.	108

(G) The department and the agency shall monitor the programs	109
developed under this section to ensure that money granted and	110
loaned under this section is not used in a manner that violates	111
division (H) of section 4112.02 of the Revised Code or	112
discriminates against families with children.	113

(H)(1) The Ohio housing finance agency shall develop and	114
implement a program to provide housing for low-income grandparents	115
and their minor grandchildren. The housing shall be located in	116
complexes in which occupancy is limited to grandparents who meet	117
one of the following requirements:	118

(a) Is a guardian for a grandchild as defined in division	119
(A)(16) of section 2151.011 of the Revised Code;	120

(b) Has legal custody of a grandchild as defined in division	121
(A)(19) of section 2151.011 of the Revised Code;	122

(c) Has adopted a grandchild after a parent's rights have	123
been terminated.	124

(2) For the purpose of this division, "grandparent" means a	125
parent of a child's parent, a parent of a grandparent, and any	126
person the agency determines stands in the place of a grandparent.	127

Section 2. That existing section 174.03 of the Revised Code	128
is hereby repealed.	129

Section 3. The Ohio Housing Finance Agency shall implement	130
the housing program developed pursuant to division (H) of section	131
174.03 of the Revised Code, as that section is amended by this	132
act, within two years following the effective date of this section	133
to the extent that the agency has entered into contracts with	134
persons to provide the housing by that time.	135