HB-6493, As Passed Senate, December 18, 2008

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6493

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1966 PA 346, entitled

 

"State housing development authority act of 1966,"

 

(MCL 125.1401 to 125.1499c) by adding chapter 3B.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER 3B

 

     Sec. 59. (1) The definitions in section 11 apply to this

 

chapter unless otherwise provided in this chapter.

 

     (2) As used in this chapter:

 

     (a) "Area median income" means the median income for the area

 

as determined under section 8 of the United States housing act of

 

1937, 42 USC 1437f, adjusted for family size.

 

     (b) "Income" means an amount determined in a manner consistent

 

with the determination of lower income families under section 8 of

 

the United States housing act of 1937, 42 USC 1437f.

 


     (c) "Supportive housing property" means property that meets

 

all of the following requirements:

 

     (i) Is owned by an organization exempt under section 501(c)(3)

 

of the of the internal revenue code, 26 USC 501.

 

     (ii) All living units are occupied by 1 or more persons each

 

having incomes at or below 30% of the area median income and who

 

each individually receive services for not less than 1 hour per

 

month either directly from or contracted for by an organization

 

identified in subparagraph (i), which services include, but are not

 

limited to, mental health, substance abuse, counseling, and

 

assistance with daily living.

 

     (iii) Consists of not more than 6 individual living units.

 

     Sec. 59a. (1) The owner of supportive housing property shall

 

file with the local assessing officer a notification of that

 

status, which shall be in an affidavit form as provided by the

 

authority. The completed affidavit form first shall be submitted to

 

the authority for certification by the authority that the project

 

is supportive housing property. The owner then shall file the

 

certified notification of the exemption with the local assessing

 

officer before November 1 of the year preceding the tax year in

 

which the exemption is to begin.

 

     (2) An owner of property for which certification as supportive

 

housing property is denied or a local unit of government in which

 

property certified as supportive housing property is located may

 

appeal the authority's determination to the circuit court of the

 

county in which the property is located.

 

     (3) The authority shall certify property as supportive housing

 


property on a first-come, first-served basis. However, not more

 

than 25% of the number of living units that may be certified as

 

supportive housing property for a year can be in a single county.

 

If by October 1 of that year the total number of living units for

 

that year is less than the 250 living units authorized in

 

subsection (1), the authority may certify living units on a first-

 

come, first-served basis in counties that received 25% of the

 

living units for that year.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) House Bill No. 5437.

 

     (b) House Bill No. 5438.