Key: (1) language to be deleted (2) new language
CHAPTER 424-H.F.No. 3901
An act relating to housing; housing finance agency;
providing financing mechanisms for the agency;
authorizing agency to make grants or loans under the
community rehabilitation fund account to for-profit
organizations; amending Minnesota Statutes 1998,
section 462A.206, subdivision 4; Minnesota Statutes
1999 Supplement, section 462A.206, subdivision 2;
proposing coding for new law in Minnesota Statutes,
chapter 462A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [462A.105] [INTEREST RATE EXCHANGES.]
The agency may enter into an agreement with a third party
for an exchange of interest rates under this section. With
respect to bonds or notes outstanding or proposed to be issued
bearing interest at a variable rate, the agency may agree to pay
sums equal to interest at a fixed rate or at a different
variable rate determined in accordance with a formula set out in
the agreement on an amount not exceeding the outstanding
principal amount of the bonds or notes at the time of payment,
in exchange for an agreement by the third party to pay sums
equal to interest on a like amount at a variable rate determined
according to a formula set out in the agreement. With respect
to bonds or notes outstanding or proposed to be issued bearing
interest at a fixed rate or rates, the agency may agree to pay
sums equal to interest at a variable rate determined according
to a formula set out in the agreement on an amount not exceeding
the outstanding principal amount of the bonds or notes at the
time of payment in exchange for an agreement by the third party
to pay sums equal to interest on a like amount at a fixed rate
or rates set out in the agreement. Subject to any applicable
covenants of the agency, payments required to be made by the
agency under the swap agreement, including termination payments,
may be made from amounts pledged or available to pay debt
service on the bonds or notes with respect to which the swap
agreement was made or from any other available source of the
agency. The agency may issue bonds or notes to provide for any
payment, including a termination payment, due or to become due
under a swap agreement.
Sec. 2. Minnesota Statutes 1999 Supplement, section
462A.206, subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION.] The agency may make grants or
loans to cities or, nonprofit, or for-profit organizations for
the purposes of construction, acquisition, rehabilitation,
demolition, permanent financing, refinancing, construction
financing, gap financing of single housing for homeownership, or
full cycle home ownership services, as defined in section
462A.209, subdivision 2. Gap financing is financing for the
difference between the cost of the improvement of the blighted
property, including acquisition, demolition, rehabilitation, and
construction, and the market value of the property upon sale.
The agency shall take into account the amount of money that the
city or, nonprofit, or for-profit organization leverages from
other sources in awarding grants and loans. The agency shall
also consider the extent to which the grant or loan recipient
will coordinate use of the funds with its other housing-related
efforts or other housing-related efforts in the recipient's
geographic area. In determining whether to award a grant or
loan, the agency shall seek to maximize the recycling of state
resources wherever appropriate. The city or, nonprofit, or
for-profit organization must indicate in its application how the
proposed project is consistent with the consolidated housing
plan. Not less than ten days before submitting its application
to the agency, a nonprofit or for-profit organization must
notify the city in which the project will be located of its
intent to apply for funds. The city may submit to the agency
its written comments on the nonprofit or for-profit
organization's application and the agency shall consider the
city's comments in reviewing the application. Cities and,
nonprofit, and for-profit organizations may use the grants and
loans to establish revolving loan funds and to provide grants
and loans to eligible mortgagors. The city or, nonprofit, or
for-profit organization may determine the terms and conditions
of the grants and loans. An agency loan may only be used by a
city or, nonprofit, or for-profit organization to make loans.
Sec. 3. Minnesota Statutes 1998, section 462A.206,
subdivision 4, is amended to read:
Subd. 4. [DESIGNATED AREAS.] For the purposes of focusing
resources, a city or, a nonprofit, or a for-profit organization
located in a metropolitan statistical area must designate
neighborhoods within which the grants or loans may be used, and
a city or, nonprofit, or for-profit organization located outside
of a metropolitan statistical area must designate a geographic
area within which the grants or loans may be used.
Presented to the governor April 17, 2000
Signed by the governor April 20, 2000, 10:25 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes