as introduced - 93rd Legislature (2023 - 2024) Posted on 06/14/2023 08:14am
A bill for an act
relating to housing; establishing a first-generation homebuyers down payment
assistance fund under the administration of a central community development
financial institution; requiring a report; appropriating money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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$176,000,000 in fiscal year 2024 is appropriated from
the general fund to the Housing Finance Agency as fiscal agent for a grant to Midwest
Minnesota Community Development Corporation (MMCDC) for purposes of this section.
The Housing Finance Agency must release grant funds to MMCDC as needed, and may do
so in tranches for administrative efficiency. This appropriation is available until June 30,
2026.
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A first-generation homebuyers down payment assistance fund
is established as a pilot project under the administration of the MMCDC, a community
development financial institution (CDFI) as defined under the Riegle Community
Development and Regulatory Improvement Act of 1994, to provide targeted assistance to
eligible first-generation homebuyers.
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For purposes of this section, "eligible first-generation
homebuyer" means an individual:
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(1) whose income is at or below 100 percent of the area median income at the time of
purchase;
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(2) who either never owned a home or who owned a home but lost it due to foreclosure;
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(3) who is preapproved for a first mortgage loan; and
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(4) whose parent or prior legal guardian either never owned a home or owned a home
but lost it due to foreclosure.
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An eligible homebuyer must complete an approved homebuyer education course prior to
signing a purchase agreement and, following the purchase of the home, must occupy it as
their primary residence.
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Assistance under this section is limited to ten percent of the
purchase price of a home, not to exceed $32,000 per eligible first-generation homebuyer.
The assistance must be provided in the form of a loan that is forgivable at a rate of 20 percent
per year on the day after the anniversary date of the note. The prorated balance due is
repayable if the property converts to nonowner occupancy, is sold, is subjected to an ineligible
refinance, is subjected to an unauthorized transfer of title, or is subjected to a completed
foreclosure action within the five-year loan term. Recapture can be waived in the event of
financial or personal hardship. Funds may be reserved and used for closing costs, down
payment, or principal reduction. The funds must be used in conjunction with a conforming
first mortgage loan that is fully amortizing and meets the standards of a qualified mortgage
or meets the minimum standards for exemption under Code of Federal Regulations, title
12, section 1026.43. Funds may be used in conjunction with other programs the eligible
homebuyer may qualify for and the loan placed in any priority position.
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The first-generation homebuyers down payment assistance
fund is available statewide and shall be administered by MMCDC, the designated central
CDFI. MMCDC may originate and service funds and authorize other CDFIs, Tribal entities,
and nonprofit organizations administering down payment assistance to reserve, originate,
fund, and service funds for eligible first-generation homebuyers. Administrative costs must
not exceed $3,200 per loan. Any funds made available due to early resale of a home must
be returned to MMCDC for redistribution to eligible first-generation homebuyers.
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The first-generation homebuyers down payment assistance
fund is subject to audit by the legislative auditor. MMCDC and participating CDFIs must
cooperate with the audit.
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By January 15 each year, the fund administrator,
MMCDC, must report to the chairs and ranking minority members of the legislative
committees having jurisdiction over housing the following information:
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(1) the number and amount of loans closed;
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(2) the median loan amount;
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(3) the number and amount of loans issued by race or ethnic categories;
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(4) the median home purchase price;
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(5) the type of mortgage;
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(6) the total amount returned to the fund; and
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(7) the number and amount of loans issued by county.
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This section is effective July 1, 2023.
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