South Dakota 2025 Regular Session

South Dakota House Bill HB1253

Introduced
2/5/25  

Caption

Provide for the refinancing of certain mortgages on properties affected by declared disasters.

Summary

House Bill 1253 creates a new state program, administered by the South Dakota Housing Development Authority, to provide no-interest refinancing loans for certain homeowners whose properties were substantially damaged by a declared disaster. The bill applies to single-family homes, townhomes, condominiums, and duplexes, and it is triggered only when the Legislature or Governor formally declares a housing emergency tied to a disaster. To qualify, an applicant must own the property, have lived there or had an immediate family member living there at the time of the disaster, and show that the property became uninhabitable and is likely to remain so for at least a year. The disaster also cannot have been caused by the applicant or someone authorized to live there. The loan amount is limited to the remaining balance on the pre-disaster mortgage, and the funds may be used only to pay off that mortgage. The loans carry no interest, but the borrower must repay the full principal to the authority. The bill also requires an application process with documentation of ownership, property values before and after the disaster, mortgage balance information, and a fee capped at $25. If approved, the authority must prepare a repayment contract, and, where feasible, repayment terms should mirror the original mortgage timeline. In terms of state law, the bill would add a new chapter in Title 11 and assign rulemaking authority to the South Dakota Housing Development Authority to establish application forms, acceptable documentation, fee levels, loan-calculation procedures, repayment terms, and contract forms. It would therefore create a new disaster-relief housing finance mechanism within state law, while leaving implementation details to administrative rules. The measure is narrowly targeted to owner-occupied or family-occupied residential properties and does not create a general mortgage assistance program outside declared disaster situations. The available voting history suggests the bill did not advance smoothly: on February 12, 2025, it was tabled by an 11-0 vote. There are no committee transcript excerpts provided, so the record does not show detailed debate, but the unanimous tabling indicates at least temporary committee reluctance or a decision to set the bill aside rather than move it forward. Overall, the bill appears to have been framed as a disaster-recovery housing aid measure, with no recorded opposition in the vote itself, but also no evidence of active support sufficient to advance it at that stage. Notable points of contention likely center on the scope and administration of the program: whether the state should create a no-interest refinancing fund, how to verify eligibility and property damage, how much discretion the Housing Development Authority should have in rulemaking, and whether the program should be limited to properties rendered uninhabitable for a year or more. The requirement that the loan amount match the remaining mortgage balance, and that funds be used only to retire that mortgage, also suggests a tightly controlled benefit structure that may have raised questions about practicality, fiscal exposure, or overlap with existing disaster assistance.

Impact

HB1253 would add a new chapter to Title 11 establishing a state-administered disaster mortgage refinancing program and authorizing the South Dakota Housing Development Authority to issue and manage no-interest loans for qualifying homeowners. It would affect homeowners with certain residential properties damaged by declared disasters, and it would require the authority to adopt rules governing eligibility, documentation, fees, loan amounts, repayment terms, and contract forms. The bill would not amend an existing statute directly so much as create a new statutory framework for disaster-related housing finance assistance.

Sentiment

The limited available record suggests a cautious or neutral-to-negative committee posture rather than clear enthusiasm. The bill was tabled unanimously, which indicates agreement to pause or set aside the measure, but not necessarily disagreement with its policy goal. Because no transcript excerpts are available, there is no documented floor or committee debate showing strong public support or opposition; the main observable signal is that the bill did not move forward at that stage.

Contention

The main areas of likely contention are the creation of a state-backed no-interest refinancing program, the administrative burden of proving disaster-related loss and mortgage status, and the narrow eligibility rules requiring the property to be uninhabitable for at least a year. Legislators or stakeholders may also have questioned whether the South Dakota Housing Development Authority should be responsible for underwriting and administering these loans, how the program would be funded, and whether the bill’s restrictions appropriately target only disaster-affected homeowners. The unanimous tabling vote suggests unresolved concerns, but the available materials do not identify specific speakers or factions.

Companion Bills

No companion bills found.

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