Bill Text: NY A09672 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to conversions of real property in public housing developments in relation to the RAD program; sets notice requirements for public housing authorities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-03 - referred to housing [A09672 Detail]
Download: New_York-2023-A09672-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9672 IN ASSEMBLY April 3, 2024 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Housing AN ACT to amend the public housing law, in relation to the conversion and transfer of real property in public housing developments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative Findings. The legislature finds and declares 2 that supplemental protections, enhanced resident engagement, and trans- 3 parency in reporting are crucial for the stability and welfare of public 4 housing residents during conversions of public housing projects, as 5 authorities seek to use private public partnerships to renovate, reha- 6 bilitate, rebuild, and take measures to preserve public housing develop- 7 ments. 8 § 2. The public housing law is amended by adding a new section 62 to 9 read as follows: 10 § 62. Supplemental tenant rights and protections. 1. For the purposes 11 of this section, the following terms shall have the following meanings: 12 (a) "Conversion" shall include acts by an authority to dispose, trans- 13 fer, convey, sublease, lease, or mortgage real property, or a leasehold 14 interest in real property, in a public housing development or ancillary 15 property owned by such public housing agency, in accordance with the RAD 16 program, section eighteen of the federal housing act of 1937 (42 U.S.C. 17 § 1427p), or similar plan approved by the federal department of housing 18 and urban development. 19 (b) "Management agent" shall mean the entity being contracted with 20 through a management agreement or similar contract for the maintenance 21 of a property following a conversion; 22 (c) "RAD program" shall mean the rental assistance demonstration 23 program pursuant to 42 U.S.C. § 1437f. 24 2. Upon the provision to tenants of notice that a public housing 25 development is under consideration for the RAD program, as required 26 pursuant to such program, an authority shall: 27 (a) provide notice to tenants, tenant associations, as described by 28 part nine hundred sixty-four of title twenty-four of the code of federal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14746-01-4A. 9672 2 1 regulations, and any group, committee, and any other organization 2 comprised of tenants that conducts meetings authorized pursuant to 3 section two hundred thirty of the real property law that the development 4 is under consideration for a conversion; 5 (b) distribute RAD handbooks, as described by subdivision five of this 6 section, to residents between the time the authority gives notice that 7 the development is under consideration for a conversion pursuant to 8 paragraph (a) of this subdivision and the first meeting conducted pursu- 9 ant to RAD program notice requirements; and 10 (c) with the consultation of the tenant association at the development 11 where the conversion is being considered, or, where there is no such 12 existing organization, with the approval of the commissioner, create and 13 implement an engagement plan that lasts no less than a period of one 14 hundred days to provide tenants with information relating to the 15 proposed conversion, including but not limited to the difference between 16 section nine and section eight housing, the tenant rights and 17 protections, the process which precedes the conversion, and the voting 18 process for such conversion. 19 3. (a) No development may be converted unless: 20 (i) a voting process is carried out in compliance with subdivision 21 four of this section and more voters vote in favor of the proposed 22 conversion than against such conversion; and 23 (ii) at least twenty-five percent of eligible voters vote in favor of 24 the conversion. 25 (b) An authority shall contract with a company, local or state govern- 26 ment representative or agency, or entity or person selected by or 27 contracted with the commissioner to carry out the counting of ballots, 28 certification of the vote, and audit of the process, which shall provide 29 a process for tenants, tenant associations, and the public to register 30 complaints about the process and allegations of impropriety or vote 31 inaccuracies. Such complaints shall be considered and responded to with- 32 in seventy-two hours of the end of the voting period. 33 4. (a) In no less than thirty days prior to providing to residents the 34 notice required pursuant to paragraph (a) of subdivision two of this 35 section that a public housing development is under consideration for a 36 conversion, an authority shall publish voting rules and the process by 37 which tenants can vote regarding the proposed conversion. Such informa- 38 tion shall include but not be limited to: 39 (i) eligibility to vote, including a right to vote for all tenants 40 aged eighteen and over; 41 (ii) the date and time of the beginning and end of the voting period, 42 which shall be no less than thirty days in length, and instructions for 43 casting of a ballot during such voting period via an in-person ballot 44 box, a by-mail option with how to access a mailable ballot and pre-ad- 45 dressed envelope, and an online option; and 46 (iii) available materials and sources to learn about conversion 47 programs and how to vote, where those materials and sources can be 48 accessed, and how to access language translation and accessibility 49 services, which shall include written translation for materials, docu- 50 ments, the ballot and webpages and oral translation in all languages 51 that a significant portion of residents of the development under consid- 52 eration for conversion speak and sign language interpretation. 53 (b) An authority shall conduct no less than six meetings, at least two 54 of which shall be held virtually and at least two of which shall be held 55 in person at an accessible location for tenants, at which the informa-A. 9672 3 1 tion required pursuant to paragraph (a) of this subdivision shall be 2 provided to tenants. 3 5. The commissioner shall create, contract for the creation of, or 4 select an existing document to serve as a RAD handbook. Such handbook 5 shall include but not be limited to a brief description of the differ- 6 ence between section nine and section eight housing, as they relate to a 7 proposed conversion, the rights and protections afforded tenants in 8 converted properties, including the supplemental protections provided by 9 this section, a fair and objective review of risks involved in remaining 10 in section nine housing and converting to section eight housing, dispo- 11 sitions and demolitions under section eighteen of the federal housing 12 act of 1937 (42 U.S.C. § 1427p) and the RAD program, and other relevant 13 facts and information, as determined by the commissioner. The RAD hand- 14 book should be updated upon the occurrence of relevant changes to feder- 15 al regulation, code, state law, and/or administrative and industry prac- 16 tice. 17 6. An authority shall include in any contract or agreement with a 18 managing agent that such managing agent shall, for the duration of the 19 agreement and any subsequent agreement as managing agent: 20 (a) invite tenant associations, as described by part nine hundred 21 sixty-four of title twenty-four of the code of federal regulations, and 22 any group, committee, and any other organization comprised of tenants 23 that conducts meetings authorized pursuant to section two hundred thirty 24 of the real property law to all meetings held by such managing agents 25 relating to tenants; 26 (b) meet regularly with tenant associations to discuss emerging 27 property-wide issues, particularly during the construction and rehabili- 28 tation process. Managing agents should consult the tenant associations 29 in scheduling such meetings and the frequency of such meetings. If there 30 is no tenant association at a development, the managing agent shall meet 31 with tenants and inform them of the right to form a tenant association, 32 the federal requirements for managing agents to provide no less than 33 twenty-five dollars per unit per year for tenant participation activ- 34 ities, which may include education, organizing around resident issues, 35 and trainings, and no less than fifteen dollars per unit per year for 36 tenant organization-eligible activities, and other relevant information; 37 (c) adhere to a set of procedures for tenant grievances and lease 38 termination proceedings that will take effect upon conversion. Such 39 procedures shall be uniform for each converted development and shall be 40 implemented by each managing agent. Every managing agent shall provide 41 ongoing orientations regarding the details and procedures for tenants to 42 sign new leases; 43 (d) explicitly notify residents of their rights to eligibility deter- 44 mination and succession and how these differ from typical section eight 45 eligibility and succession rights, including rights resulting from the 46 definition of family pursuant to subdivision seven of this section; and 47 (e) notwithstanding any provisions of law to the contrary, allow 48 tenants of converted developments to engage in profit-making businesses 49 within their units. 50 7. (a) For the purposes of determining eligibility and household 51 composition for public housing occupancy and continued occupancy, 52 authorities shall define a "family" as: 53 (i) a single person, who may be an elderly, displaced, or near-elderly 54 person, or any other single person; 55 (ii) an otherwise eligible youth who is at least eighteen years of age 56 but not more than twenty-four years of age and who has left foster care,A. 9672 4 1 or will leave foster care within ninety days, in accordance with a tran- 2 sition plan described in section 475(5)(H) of the federal social securi- 3 ty Act (42 U.S.C. § 675(5)(H)), or who is at least sixteen years of age 4 and is homeless or at risk of becoming homeless; or 5 (iii) a group of persons residing together that includes, but is not 6 limited to, a family with or without children, including children who 7 are temporarily away from the home because of placement in foster care, 8 an elderly family, a near-elderly family, a family with one or more 9 persons with disabilities, a displaced family, the remaining member of a 10 tenant family, or a group of individuals who would otherwise be eligible 11 to reside in public housing who reside together. 12 (b) The definition of family pursuant to paragraph (a) of this subdi- 13 vision may not be restricted to kin, descendants, marital relations, or 14 relatives. 15 § 3. Section 38 of the public housing law, as amended by chapter 260 16 of the laws of 1945, is amended to read as follows: 17 § 38. 1. For the purposes of this section, the following terms shall 18 have the following meanings: 19 (a) "Conversion" shall include acts by an authority to dispose, trans- 20 fer, convey, sublease, lease, or mortgage real property, or a leasehold 21 interest in real property, in a public housing development or ancillary 22 property owned by such public housing agency, in accordance with the RAD 23 program, section eighteen of the federal housing act of 1937 (42 U.S.C. 24 § 1427p), or similar plan approved by the federal department of housing 25 and urban development. 26 (b) "Management agent" shall mean the entity being contracted with 27 through a management agreement or similar contract for the maintenance 28 of a property following a conversion. 29 (c) "RAD program" shall mean the rental assistance demonstration 30 program pursuant to 42 U.S.C. § 1437f. 31 2. (a) An authority shall file with the commissioner a copy of each 32 proposed project embodying the plans, layout, estimated costs and 33 proposed method of financing. Any change made in the project shall be 34 filed with the commissioner by the authority. With reasonable promptness 35 after each project shall have been completed, and from time to time 36 prior to completion upon request of the commissioner, an authority shall 37 file with the commissioner a detailed statement of the cost thereof. 38 (b) Upon receipt of a copy of a proposed state project, or of any 39 proposed change therein, the commissioner may transmit [his] their crit- 40 icisms and suggestions with reasonable promptness to the authority or 41 the municipality. No change in a state project may be made by an author- 42 ity or a municipality without the approval of the commissioner. 43 3. (a) Within thirty days of being requested by the commissioner, an 44 authority shall provide the commissioner with the following information: 45 (i) the name of such authority; 46 (ii) the name of the public housing development; 47 (iii) the total number of units in such development; 48 (iv) the distribution of units by bedroom count, race, income, elderly 49 status, and disability status; 50 (v) the status of a development's subsidy, broken down by units, 51 detailing the number of units counted as section nine housing on an 52 annual contributions contract with the federal department of housing and 53 urban development, a project-based voucher or project-based rental 54 assistance via conversions or other conditions such as vacancy, both 55 funded and unfunded, and/or under other federal department of housingA. 9672 5 1 and urban development programs outside of those that result from RAD 2 program conversions; 3 (vi) the application date of any proposed conversion, disposition, or 4 demolition to the federal department of housing and urban development; 5 (vii) the approval date of any proposed conversion, disposition, or 6 demolition by the federal department of housing and urban development, 7 and date of approval of such project by the commissioner; 8 (viii) a summary of the criteria used to justify any section eight or 9 RAD program demolition application to the federal department of housing 10 and urban development; 11 (ix) information on the relocation of affected residents and the 12 amount of persons displaced by a project, conversion, or demolition 13 approved by the federal department of housing and urban development; and 14 (x) details regarding the cost test conducted, if applicable, as 15 required by the federal department of housing and urban development. 16 (b) By December thirtieth of each year, the commissioner shall post on 17 a public webpage the information required pursuant to paragraph (a) of 18 this subdivision and other relevant information regarding projects and 19 conversion and any section eighteen dispositions or demolitions approved 20 by the federal department of housing and urban development, as deter- 21 mined by the commissioner. 22 (c) The commissioner shall maintain a centralized online database 23 where the information required pursuant to this subdivision can be 24 accessed. Such information shall be listed on such database based on 25 the year of their publication. 26 § 4. This act shall take effect immediately.