Bill Text: NY S05812 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to protecting the rights of current and converted Mitchell-Lama residents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05812 Detail]

Download: New_York-2021-S05812-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5812

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 18, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development

        AN  ACT relating to protecting the rights of current and converted Mitc-
          hell-Lama residents

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Protecting  the rights of current and converted Mitchell-
     2  Lama residents. 1. New  York  State  Homes  and  Community  Renewal,  in
     3  consultation  with the New York City Department of Housing Preservation,
     4  shall appoint an independent agency or office, which will solicit  resi-
     5  dent complaints and will provide unbiased grievance and complaint proce-
     6  dures  that  are consistent with the administrative procedures act.  The
     7  independent agency or office will handle  all  Mitchell-Lama  complaints
     8  including, but not limited to, the following:
     9    a. owner/management company/co-op board harassment and abuse;
    10    b.  enjoying  the benefit of unnecessarily and financially unsupported
    11  rent/carrying charge increases;
    12    c.  failure  to  adequately  reconcile  tenant  rent/carrying   charge
    13  records;
    14    d. failure to provide essential services on a consistent basis;
    15    e. failure to provide a decent, sanitary and safe living environment;
    16    f. failure to hold open and transparent co-op board elections;
    17    g. failure to notify and include all residents of building/development
    18  conversions; and
    19    h.  failure  to  lower  rents/carrying charges for eligible residents,
    20  when a subsidy program that is already in development  will  lower  that
    21  resident's rent/carrying charges.
    22    2.  The practice of approving refinancing and/or conversion "windfall"
    23  deals shall be eliminated unless the ownership, managing agents,  co-ops
    24  boards,  the  New  York city supervised Mitchell-Lama developments (HPD)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07606-01-1
        S. 5812                             2

     1  and the New York state supervised Mitchell-Lama developments (DHCR)  can
     2  produce  verified  financial  documentation  from  the comptroller which
     3  accounts for every dollar spent during the ten year period prior to  the
     4  application for refinancing and/or conversion.
     5    3.  All  rent  and  carrying charge increases approved by HPD and DHCR
     6  shall receive final approval from the respective New York  city  or  New
     7  York  state  comptroller  and  he  or  she shall have certified that the
     8  increase is financially necessary and supported by  a  comptroller-veri-
     9  fied financial review of expenses, assets and income.
    10    4.  Unless  the comptroller with the jurisdiction officially agrees to
    11  monitor and confirm the validity and  accuracy  of  future  expenses  or
    12  losses,  owners  and  co-op boards shall not be permitted to continue to
    13  receive rent/carrying charge increases based on those projections.
    14    5. Unless a resident's household income confirms that  he  or  she  is
    15  subject to a surcharge, there shall be no audit surcharges.
    16    6.  Legal representation and adequate pro se litigant support shall be
    17  provided by the state of  New  York  for  litigants  in  landlord/tenant
    18  cases.
    19    7.  A  comprehensive help desk shall be provided by the supreme courts
    20  of the state of New York to support pro se litigants.
    21    8. Judges and court staff with knowledge and experience with the Mitc-
    22  hell-Lama law and regulations shall oversee  all  Mitchell-Lama  related
    23  cases.
    24    § 2. This act shall take effect immediately.