Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. The New York Housing for the Future Homeownership Program

      Alerts

    Alert / Affordable Housing

    The New York Housing for the Future Homeownership Program

    May 9, 2024

    LinkedInX (Twitter)EmailCopy URL

    By Erica Buckley

    New York’s FY2025 budget includes a new program to bolster limited equity cooperatives.

    What’s the impact?

    • The budget includes a new program to create more limited equity cooperatives.
    • The program will be administered by the State and will provide payments, grants, and loans for limited equity cooperatives.
    • The budget sets aside $75 million to fund the program.

    DOWNLOAD

    The New York Housing for the Future Homeownership Program (PDF)

    On April 20, 2024, the New York State Legislature passed the FY2025 budget, which included several key measures related to housing production and was immediately signed by Governor Hochul. Of particular interest is the New York Housing for the Future Homeownership Program, which is meant to bolster limited equity cooperatives. Dubbed “Mitchell Lama 2.0,” the program aims to resurrect Mitchell-Lama, a mid-century program that funded the construction of housing for middle-income earners.

    Summary of key provisions of New York Housing for the Future Homeownership Program

    Below is a summary of the newly enacted Article 32 of the Private Housing Finance Law, which creates the “New York Housing for the Future Homeownership Program.”

    • Authorizes the Division of Housing and Community Renewal, the Housing Trust Fund Corporation, and the Housing Finance Agency (the State Housing Agencies) to develop and administer a program to assist in the creation of limited equity cooperatives by providing payments, grants, and loans.
    • Allows for:
      • The creation of limited equity cooperatives on appropriate sites, including, but not limited to, state-owned sites, municipally-owned sites, or sites owned by nonprofits or community land trusts
      • The creation of housing for persons and families up to 130% of the area median income at the time of purchase
      • The implementation of surcharges for over-income shareholders in the future
      • Shareholders to accrue equity over time but prohibits the use of a fixed percentage appreciation cap for determining resale prices
    • Requires:
      • Affordability in perpetuity
      • Independent property management
      • Annual maintenance fee increases
      • Sponsors to pay prevailing wages during construction unless a collective bargaining agreement is in place.

    In addition to the above, Mitchell Lama 2.0 also empowers the State Housing Agencies to promulgate rules, regulations, guidance documents, or regulatory agreements to dictate many other key terms of a limited equity cooperative, such as:

    • Income qualifications and asset limits for new shareholders
    • Mechanisms to ensure new shareholders gain equity over time
    • Resale restrictions free of fixed percentage price caps
    • Criteria for shareholder selection of vacant apartments
    • Creation of boards of directors to manage limited equity cooperatives in a matter similar to not-for-profits.

    Nixon Peabody’s Cooperatives & Condominiums team is on the cutting edge of the for-sale housing market in New York and stands ready to work with developers and sponsors on creating limited equity cooperatives under the New York Housing for the Future Homeownership Program. We will also keep a close watch on the development of Mitchell-Lama 2.0, as well as the payments, grants, and loans that the State Housing Agencies allocate to jumpstart the launch of this exciting new program.

    Locations

    AlbanyLong IslandNew York CityRochester

    Practices

    Affordable HousingCooperatives & CondominiumsReal Estate

    Industries

    Real Estate

    Insights And Happenings

    • Alert

      HUD proposes relaxed loan sizing standards for FHA-insured loans

      Oct 25, 2024
    • Alert

      HUD’s Federal Flood Risk Management Standard applicable soon

      Sep 27, 2024
    • Video

      Good Cause Eviction: A Comparative Analysis of New York and California

      Construction & Real Estate Litigation
      July 26, 2024
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved