Bill Text: NY S07772 | 2021-2022 | General Assembly | Introduced
Bill Title: Makes technical corrections to the housing our neighbors with dignity program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-07-21 - SIGNED CHAP.450 [S07772 Detail]
Download: New_York-2021-S07772-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7772 IN SENATE January 11, 2022 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the private housing finance law, in relation to the housing our neighbors with dignity program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1280 of the private housing finance law, as added 2 by a chapter of the laws of 2021 amending the private housing finance 3 law relating to enacting the "housing our neighbors with dignity act", 4 as proposed in legislative bills numbers S.5257C and A.6593B, is amended 5 to read as follows: 6 § 1280. Legislative findings and purpose. The state of New York, 7 through the housing trust fund corporation, is empowered to finance the 8 purchase, acquisition, holding or conversion of distressed hotels and 9 commercial office properties for use as affordable permanent housing 10 that meets standards established to ensure safety, habitability, quali- 11 ty, and access to supportive services as appropriate, to be made avail- 12 able to low-income households and people experiencing homelessness imme- 13 diately prior to entering such housing. These properties shall be owned, 14 operated and managed by appropriate nonprofit organizations through the 15 use of government agency funding, pursuant to such appropriation to 16 support the creation of an adaptive reuse affordable housing program, to 17 acquire and/or convert the property. 18 The acquired properties shall be converted into permanently affordable 19 housing modeled as financially and operationally deemed necessary by the 20 state or appropriate nonprofit organization for the purposes of creating 21 supportive or permanently affordable housing units; provided that the 22 housing shall remain affordable as defined by the term affordable hous- 23 ing included in this article. 24 § 2. Subdivisions 2 and 3 of section 1281 of the private housing 25 finance law, as added by a chapter of the laws of 2021 amending the 26 private housing finance law relating to enacting the "housing our neigh- 27 bors with dignity act", as proposed in legislative bills numbers S.5257C 28 and A.6593B, are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09863-12-2S. 7772 2 1 2. "Appropriate nonprofit organization" shall mean a not-for-profit 2 [organization] corporation formed pursuant to the not-for-profit corpo- 3 ration law and exempt pursuant to section 501(c)(3) or 502(c)(4) of the 4 Internal Revenue Code of 1984 as amended and that: 5 (a) Has as one of such organization's primary purposes: 6 (i) The provision of housing that is affordable to low-income fami- 7 lies; or 8 (ii) The provision of services or housing for individuals or families 9 experiencing homelessness; or 10 (b) Is otherwise considered by the state as a suitable housing manage- 11 ment organization, by a vetting process developed by the corporation. 12 3. "Affordable housing" shall mean permanent housing that is afforda- 13 ble to low and moderate-income households, such that the new housing 14 achieves income averaging at or below [fifty] sixty percent of the area 15 median income, with residents' eligibility capped at a maximum of eighty 16 percent of the area median income at the start of their lease. Appli- 17 cants shall not be rejected from eligibility based on credit histories 18 or credit scores. 19 § 3. Subdivision 1 of section 1282 of the private housing finance law, 20 as added by a chapter of the laws of 2021 amending the private housing 21 finance law relating to enacting the "housing our neighbors with dignity 22 act", as proposed in legislative bills numbers S. 5257C and A. 6593B, is 23 amended to read as follows: 24 1. Establishment. Subject to amounts available by appropriation 25 therefor, the corporation shall develop a housing our neighbors with 26 dignity program (hereinafter referred to as "the program"), which shall 27 provide a mechanism for the state to finance the acquisition and/or 28 conversion of distressed hotels and commercial office properties by 29 appropriate nonprofit organizations for the purpose of maintaining or 30 increasing affordable housing. All affordable housing properties 31 produced through this program shall remain permanently affordable, and 32 all converted properties in a city with a population of one million or 33 more, with the exception of small converted properties and exempt 34 supportive housing, shall be required to pay building service employees 35 the applicable prevailing wage pursuant to subdivision one-a of this 36 section. Permanent affordability restrictions shall require a regulato- 37 ry agreement with the corporation or local housing agency or other 38 affordability restrictions in recorded documents not specifically listed 39 in this subdivision, provided the corporation or local housing agency 40 determines that such restrictions are enforceable and likely to be 41 enforced. Such enforcement measures shall include but not be limited to 42 the ability to cancel or transfer the regulatory agreement or property 43 to another entity for violating the terms of such regulatory agreement, 44 such as failure to meet the minimum obligations set forth in this arti- 45 cle when such failure is not cured. 46 § 4. Subdivisions 2, 3 and 4 of section 1282 of the private housing 47 finance law, as added by a chapter of the laws of 2021 amending the 48 private housing finance law relating to enacting the "housing our neigh- 49 bors with dignity act", as proposed in legislative bills numbers S. 50 5257C and A. 6593B, are amended to read as follows: 51 2. Purpose. The program shall seek to: 52 (a) Finance the acquisition of distressed hotels and commercial office 53 properties by appropriate nonprofit organizations for the purpose of 54 stabilizing communities and the housing market; 55 (b) Finance the conversion and rehabilitation of the physical condi- 56 tion of acquired property by appropriate nonprofit organizations inS. 7772 3 1 order to [enhance] improve the condition of such property for future 2 occupants, such as habitability and environmental sustainability; and 3 (c) Provide an appropriate, expedient and efficient manner for owners 4 of such distressed properties to transfer ownership to an appropriate 5 nonprofit organization so as to promote the state's interest in the 6 conversion of such properties to new supportive and affordable permanent 7 housing units. 8 3. Powers. The state may finance the purchase, acquisition [and] , 9 conversion and/or holding by appropriate nonprofit organizations of 10 distressed hotel or commercial office properties in any part of the 11 state[, and may take such actions as may be necessary to identify such12distressed properties,] for the purpose of maintaining or increasing the 13 stock of affordable, stable, quality housing; provided that in the case 14 of a property at which any hotel workers are represented by a collective 15 bargaining representative, prior to the proposed acquisition, the 16 collective bargaining representative shall be notified in writing of the 17 proposed acquisition, and the property owner shall certify prior to the 18 state initiating such acquisition through financing that the collective 19 bargaining representative has mutually agreed in a separate writing with 20 the property owner to take the specific acquisition described in the 21 written notice. 22 4. Converted properties. All properties converted to affordable hous- 23 ing pursuant to this section shall meet the minimum standards of habita- 24 bility, safety and quality of life for all established housing. Addi- 25 tional operating expenses shall be met through any combination of 26 subsidies, vouchers, commercial rents, or other sources of income avail- 27 able to the housing provider under the model the non-profit chooses to 28 pursue. All units shall be rent stabilized as defined in this article in 29 localities that have adopted or opted in to the rent stabilization law. 30 At least fifty percent of all converted [properties] units shall be set 31 aside for individuals and families who were experiencing homelessness 32 immediately prior to entering such converted affordable housing. Each 33 unit must contain, at a minimum, a living/sleeping space, private bath- 34 room with bath or shower, and either a full kitchen or a kitchenette 35 with at least a [24-inch] 7-cubic feet capacity refrigerator, sink, 36 cooktop, microwave oven and outlets for countertop appliances. 37 § 5. This act shall take effect on the same date and in the same 38 manner as a chapter of the laws of 2021 amending the private housing 39 finance law relating to enacting the "housing our neighbors with dignity 40 act", as proposed in legislative bills numbers S. 5257C and A. 6593B, 41 takes effect.
