S T A T E O F N E W Y O R K
________________________________________________________________________
6430--A
I N S E N A T E
January 7, 2010
___________
Introduced by Sens. SQUADRON, HASSELL-THOMPSON, KLEIN, KRUEGER, MONTGOM-
ERY, STAVISKY -- read twice and ordered printed, and when printed to
be committed to the Committee on Housing, Construction and Community
Development -- reported favorably from said committee and committed to
the Committee on Finance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public housing law, in relation to authorizing the
New York city housing authority to enter into mixed-finance trans-
actions in order to preserve the continued availability of low-income
housing to public housing residents of the city of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public housing law is amended by adding a new section
402-b to read as follows:
S 402-B. POWER OF AUTHORITY TO ENTER INTO MIXED-FINANCE TRANSACTIONS
TO CONTINUE VIABILITY OF PUBLIC HOUSING. 1. LEGISLATIVE FINDINGS AND
DECLARATION. THE LEGISLATURE FINDS AND DECLARES THAT THE STATE HAS A
VITAL INTEREST IN THE CONTINUED VIABILITY OF PUBLIC HOUSING. IT IS
NECESSARY TO ENSURE THAT PUBLIC HOUSING CONTINUES TO SERVE LOW-INCOME
INDIVIDUALS AND FAMILIES WHO WOULD OTHERWISE FACE HOMELESSNESS OR BE
FORCED INTO UNSAFE OR UNSANITARY HOUSING. PUBLIC HOUSING FUNCTIONS AS A
SAFETY NET FOR PERSONS MOST IN NEED OF SAFE, DECENT AND AFFORDABLE HOUS-
ING. THE LEGISLATURE FURTHER FINDS THAT THE NEW YORK CITY HOUSING
AUTHORITY HAS MADE, AND CONTINUES TO MAKE, A CONCERTED EFFORT TO PROVIDE
PUBLIC HOUSING TO INDIVIDUALS AND FAMILIES IN NEED. CERTAIN PROJECTS
OWNED BY THE NEW YORK CITY HOUSING AUTHORITY HAVE SUFFERED DETERIORATION
OVER TIME, AND THE HOUSING AUTHORITY DOES NOT HAVE SUFFICIENT RESOURCES
TO ADDRESS THIS DETERIORATION. AN INFUSION OF PRIVATE CAPITAL IS NECES-
SARY TO ENSURE THE CONTINUED SUCCESS AND LONG TERM VIABILITY OF THESE
PROJECTS. THE LEGISLATURE FURTHER FINDS THAT BRINGING STATE FINANCED
PUBLIC HOUSING OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY WITHIN
THE PUBLIC HOUSING SUBSIDIZED BY THE FEDERAL GOVERNMENT, BY UTILIZING
THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, WILL ALLOW
THE NEW YORK CITY HOUSING AUTHORITY TO ENTER INTO MIXED FINANCE TRANS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15276-11-0
S. 6430--A 2
ACTIONS, WHICH WILL RESULT IN RECEIVING NEW OPERATING AND CAPITAL SUBSI-
DIES FROM THE FEDERAL GOVERNMENT AND PRESERVE THE UNITS AS PUBLIC HOUS-
ING. THE LEGISLATURE ALSO FINDS THAT TENANTS LIVING IN THE PROJECTS THAT
HAVE BEEN FINANCED BY THE CITY OF NEW YORK, COMMONLY KNOWN AS MARBLE
HILL HOUSES, ST. MARY'S PARK HOUSES, BAY VIEW HOUSES, BOULEVARD HOUSES,
LINDEN HOUSES AND SAMUEL HOUSES, LOCATED IN THE CITY OF NEW YORK, COUN-
TIES OF BRONX, KINGS AND NEW YORK, WILL, THROUGH MULTIPLE CONTRACTS AND
AGREEMENTS AMONG THE NEW YORK CITY HOUSING AUTHORITY, INVESTMENT PART-
NERS AND THE FEDERAL GOVERNMENT, BE AFFORDED THE SAME PROTECTIONS AS
TENANTS LIVING IN THE PROJECTS LISTED IN SUBDIVISION TWO OF THIS
SECTION. THE LEGISLATURE THEREFORE FINDS AND DECLARES THAT ENACTMENT OF
THIS SECTION WOULD ENABLE REDEVELOPMENT AND REHABILITATION OF THOSE
CERTAIN NEW YORK STATE AND NEW YORK CITY FINANCED PROJECTS OWNED BY THE
NEW YORK CITY HOUSING AUTHORITY, AND THE CONTINUED OPERATION OF SAID
PROJECTS FOR PERSONS AND FAMILIES OF LOW INCOME.
2. UPON APPROVAL BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, THE NEW YORK CITY HOUSING AUTHORITY IS HEREBY AUTHOR-
IZED TO SELL OR LEASE ALL OR PART OF THE RESIDENTIAL BUILDINGS WITHIN
THE PROJECTS COMMONLY KNOWN AS MARLBORO HOUSES, CHELSEA HOUSES, CASTLE
HILL HOUSES, 344 EAST 28TH STREET, AMSTERDAM ADDITION, BUSHWICK HOUSES,
STEPHEN WISE TOWERS, ARTHUR H. MURPHY HOUSES, BAYCHESTER HOUSES, JONA-
THAN WILLIAMS PLAZA, DREW-HAMILTON HOUSES, INDEPENDENCE TOWERS, RUTGERS
HOUSES, STAPLETON HOUSES AND MANHATTANVILLE HOUSES, LOCATED IN THE CITY
OF NEW YORK, COUNTIES OF BRONX, KINGS, NEW YORK AND RICHMOND, UPON SUCH
TERMS AND CONDITIONS AND IN SUCH MANNER AS THE NEW YORK CITY HOUSING
AUTHORITY MAY DEEM APPROPRIATE AND IN COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION. THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL SHALL NOT GRANT SUCH APPROVAL UNLESS HE OR SHE MAKES A FINDING
THAT SUCH SALE OR LEASE WILL ENABLE THE PROJECTS TO BE REDEVELOPED AND
OPERATED IN SUCH MANNER AS TO PROVIDE DECENT, SAFE AND SANITARY HOUSING
WITHIN THE FINANCIAL REACH OF PERSONS AND FAMILIES OF LOW INCOME AND A
FURTHER FINDING THAT NEW FEDERAL ASSISTANCE IS SIGNIFICANTLY MORE LIKELY
TO BE AVAILABLE TO THE PROJECTS LISTED IN THIS SECTION IF SUCH APPROVAL
IS GRANTED. THERE SHALL BE NO REQUIREMENT FOR A FINDING BY THE COMMIS-
SIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THAT PROVISIONS
HAVE BEEN MADE TO PAY OR OTHERWISE ASSURE PAYMENT OR RETIREMENT OF ALL
BONDS, NOTES AND OTHER OBLIGATIONS HERETOFORE ISSUED TO FINANCE THE
PROJECTS OR A PORTION THEREOF, PROVIDED THAT THE SALE OR LEASE OF THE
PROJECTS IS PART OF A COMPREHENSIVE PLAN OF REHABILITATION AND/OR
RESTRUCTURING WHICH INCLUDES THE PROVISION OF HOUSING FOR PERSONS AND
FAMILIES OF LOW INCOME. THE SALE OR LEASE OF ALL OR PART OF THE RESIDEN-
TIAL BUILDINGS WITHIN THE PROJECTS ENUMERATED IN THIS SECTION SHALL BE
MADE SUBJECT TO ALL PERTINENT FEDERAL STATUTORY, EXECUTIVE ORDERS,
CONSENT ORDERS AND REGULATORY REQUIREMENTS, AS THOSE REQUIREMENTS MAY BE
AMENDED FROM TIME TO TIME, AND CONTRACTS AND AGREEMENTS WHICH SHALL BE
RECORDED AGAINST AND WHICH SHALL RUN WITH THE LAND, INCLUDING A REGULA-
TORY AND OPERATING AGREEMENT AND A DECLARATION OF RESTRICTIVE COVENANTS
REQUIRING THE OPERATION AND MAINTENANCE OF SUCH RESIDENTIAL PROJECTS IN
COMPLIANCE WITH FEDERAL REQUIREMENTS, AND AMENDMENTS TO A CERTAIN
MIXED-FINANCE AMENDMENT TO THE CONSOLIDATED ANNUAL CONTRIBUTIONS
CONTRACT BETWEEN THE NEW YORK CITY HOUSING AUTHORITY AND THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (COLLECTIVELY, THE
"APPLICABLE PUBLIC HOUSING REQUIREMENTS").
3. (A) ALL APPLICABLE PUBLIC HOUSING REQUIREMENTS PERTAINING TO FEDER-
AL PUBLIC HOUSING PROJECTS SHALL APPLY TO THE PROJECTS LISTED IN SUBDI-
VISION TWO OF THIS SECTION, INCLUDING BUT NOT LIMITED TO ALL PROCEDURAL
S. 6430--A 3
AND SUBSTANTIVE DUE PROCESS REQUIREMENTS, RESTRICTIONS ON EVICTIONS
EXCEPT FOR JUST CAUSE, THE RIGHT TO AUTOMATIC RENEWALS OF LEASES, AND
THE RIGHT TO MEANINGFUL INPUT IN MATTERS CONCERNING TENANTS; SECTION 8
UNITS SHALL BE SUBJECT TO THE VOLUNTARY CONVERSION AGREEMENT AND MANAGE-
MENT PLAN APPROVED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT ON SEPTEMBER ELEVENTH, TWO THOUSAND EIGHT, AND AS IT MAY BE
AMENDED FROM TIME TO TIME. THE PUBLIC HOUSING AND SECTION 8 LEASES OF
TENANTS IN OCCUPANCY OF THE PROJECTS LISTED IN SUBDIVISION TWO OF THIS
SECTION ON THE DATE OF SALE OR LEASE OF SUCH PROJECTS SHALL REMAIN IN
EFFECT, EXCEPT AS SUCH LEASES MAY BE MODIFIED OR ASSIGNED TO REFLECT
CHANGES IN THE OWNERSHIP OF PROJECT BUILDINGS. EACH SUCH TENANT SHALL
ENJOY THE SAME RIGHTS AND OBLIGATIONS AS OTHER TENANTS WITH PUBLIC HOUS-
ING LEASES OCCUPYING DWELLING UNITS IN THE HOUSING PROJECTS OWNED AND
OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY THAT ARE NOT LISTED IN
SUBDIVISION TWO OF THIS SECTION, OR PURSUANT TO SECTION 8 LEASES
SUPPORTED BY SECTION 8 VOUCHERS, EXCEPT AS PROVIDED BY PARAGRAPH (B) OF
THIS SUBDIVISION. EACH PROJECT OWNER AND THE NEW YORK CITY HOUSING
AUTHORITY SHALL BE JOINTLY AND SEVERALLY OBLIGATED TO PROVIDE AND
PROTECT THE RIGHTS SET FORTH HEREIN.
(B) ALL UNITS IN PROJECTS LISTED IN SUBDIVISION TWO OF THIS SECTION
WHERE THERE HAS BEEN AN ALLOCATION OF FEDERAL LOW-INCOME HOUSING TAX
CREDITS, DURING THE REQUIRED FEDERAL REGULATORY COMPLIANCE PERIODS
APPLICABLE TO SUCH FEDERAL LOW-INCOME HOUSING TAX CREDITS, SHALL UPON
VACANCY BE RENTED BY PERSONS OR FAMILIES WHOSE INCOME DOES NOT EXCEED
SIXTY PERCENT OF AREA MEDIAN INCOME AT A RENT, INCLUDING UTILITIES, NOT
TO EXCEED THIRTY PERCENT OF THE HOUSEHOLD'S ADJUSTED GROSS INCOME. ALL
OTHER UNITS SHALL UPON VACANCY BE RENTED BY PERSONS OR FAMILIES WHOSE
INCOME DOES NOT EXCEED EIGHTY PERCENT OF AREA MEDIAN INCOME AT A RENT,
INCLUDING UTILITIES, NOT TO EXCEED THIRTY PERCENT OF THE HOUSEHOLD'S
ADJUSTED GROSS INCOME. ALL INCOME GUIDELINES APPLICABLE TO FEDERAL
PUBLIC HOUSING PROJECTS SHALL APPLY TO PROJECTS LISTED IN SUBDIVISION
TWO OF THIS SECTION. EACH SUCH TENANT SHALL ENJOY THE SAME RIGHTS AND
OBLIGATIONS AS OTHER TENANTS WITH PUBLIC HOUSING LEASES OCCUPYING DWELL-
ING UNITS IN THE HOUSING PROJECTS OWNED AND OPERATED BY THE NEW YORK
CITY HOUSING AUTHORITY THAT ARE NOT LISTED IN SUBDIVISION TWO OF THIS
SECTION, OR PURSUANT TO SECTION 8 LEASES SUPPORTED BY SECTION 8 VOUCH-
ERS, EXCEPT AS PROVIDED BY THIS PARAGRAPH.
(C) ALL TENANTS WHO RESIDE IN THE HOUSING PROJECTS LISTED IN SUBDIVI-
SION TWO OF THIS SECTION PRIOR TO THE SALE OR LEASE OF SUCH PROJECT
SHALL BE ENTITLED TO REMAIN IN THEIR CURRENT APARTMENTS, PROVIDED THAT
SUCH TENANT OR TENANTS COMPLY WITH THE TERMS AND CONDITIONS OF THEIR
LEASES AND MEET ALL APPLICABLE FEDERAL INCOME GUIDELINES. EACH SUCH
TENANT SHALL ENJOY THE SAME RIGHTS AND OBLIGATIONS AS OTHER TENANTS WITH
PUBLIC HOUSING LEASES OCCUPYING DWELLING UNITS IN THE HOUSING PROJECTS
OWNED AND OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY THAT ARE NOT
LISTED IN SUBDIVISION TWO OF THIS SECTION, OR PURSUANT TO SECTION 8
LEASES SUPPORTED BY SECTION 8 VOUCHERS, EXCEPT AS PROVIDED BY PARAGRAPH
(B) OF THIS SUBDIVISION.
(D) FOR EACH PROJECT LISTED IN SUBDIVISION TWO OF THIS SECTION, ALL
UNITS OCCUPIED BY PERSONS OF LOW INCOME SHALL BE PHYSICALLY INTEGRATED
WITH ALL OTHER UNITS IN THE PROJECT. THEY SHALL SHARE COMMON MEANS OF
ACCESS, SERVICES AND AMENITIES EQUALLY WITH ALL OTHER UNITS AND SHALL IN
NO WAY BE PHYSICALLY OR OTHERWISE SET APART FROM ALL OTHER UNITS IN THE
PROJECT.
(E) ALL PROSPECTIVE PUBLIC HOUSING AND SECTION 8 TENANTS SHALL BE
SELECTED FROM A WAITING LIST WHICH SHALL BE MAINTAINED BY THE NEW YORK
S. 6430--A 4
CITY HOUSING AUTHORITY IN COMPLIANCE WITH THE FEDERAL PUBLIC HOUSING AND
SECTION 8 LAWS AND ALL APPLICABLE RULES AND REGULATIONS. THE NEW YORK
CITY HOUSING AUTHORITY AND EACH RESPECTIVE PROJECT OWNER SHALL SCREEN
TENANTS AND JOINTLY HAVE FINAL APPROVAL OVER TENANT SELECTION ALL IN
ACCORDANCE WITH AFOREMENTIONED LAWS, RULES AND REGULATIONS. ALL PROSPEC-
TIVE PUBLIC HOUSING TENANTS SHALL BE TAKEN FROM THE WAITING LIST IN THE
ORDER IN WHICH THEY APPLIED FOR THE SIZE APPROPRIATE UNIT, SUBJECT
HOWEVER TO PREFERENCES AND PRIORITIES PROVIDED FOR IN THE PUBLIC HOUSING
LAW AND ALL APPLICABLE RULES AND REGULATIONS.
(F) THE ENTITY THAT ACTS AS THE MANAGING MEMBER OR GENERAL PARTNER OF
THE RESPECTIVE OWNER OF EACH PROJECT LISTED IN SUBDIVISION TWO OF THIS
SECTION FOLLOWING TRANSFER OF SUCH PROJECT, SHALL AT ALL TIMES BE A
NOT-FOR-PROFIT HOUSING DEVELOPMENT FUND CORPORATION WHOLLY OWNED BY THE
NEW YORK CITY HOUSING AUTHORITY AND SHALL BE ESTABLISHED UNDER ARTICLE
ELEVEN OF THE PRIVATE HOUSING FINANCE LAW. THE BOARD OF DIRECTORS OF
SUCH HOUSING DEVELOPMENT FUND CORPORATION SHALL BE COMPOSED OF THE
CHAIRPERSON OF THE NEW YORK CITY HOUSING AUTHORITY AND THE DULY
APPOINTED MEMBERS OF SUCH AUTHORITY.
(G) THE ENTITY THAT OWNS ANY PROJECT OR ASSISTS IN THE MANAGEMENT OF
ANY PROJECT MAY INCLUDE AN ENTITY EXEMPT FROM FEDERAL INCOME TAXES UNDER
SECTION 501(C)3 OF THE INTERNAL REVENUE CODE OF 1986 AS AMENDED, OR ITS
WHOLLY OWNED SUBSIDIARY.
(H) THE PROVISIONS OF THIS SECTION MAY BE ENFORCED BY ANY PARTY
AGGRIEVED BY A VIOLATION OF SUCH PROVISIONS.
(I) IN THE CASE WHERE THERE IS AN ALLOCATION OF FEDERAL LOW INCOME
HOUSING TAX CREDITS IN CONNECTION WITH A SALE OR LEASE OF THE PROJECT,
THE FEE PAYABLE TO THE PROJECT DEVELOPER SHALL NOT EXCEED TWELVE PERCENT
OF THE TOTAL DEVELOPMENT COST, PROVIDED HOWEVER, THAT THE FEE PAYABLE TO
SUCH DEVELOPER MAY BE INCREASED TO THE MAXIMUM PERCENTAGE PERMITTED
UNDER REGULATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL IF THE DEVELOPER ASSUMES ADDITIONAL FINANCIAL RISK. SUCH
INCREASE SHALL NOT BE GRANTED (I) FOR RISK THE DEVELOPER IS CUSTOMARILY
REQUIRED TO ASSUME OR GUARANTEES WHICH THE DEVELOPER IS CUSTOMARILY
REQUIRED TO PROVIDE BY INDUSTRY PRACTICE, (II) FOR ANY RISKS OR GUARAN-
TEES WHICH PARTIES OTHER THAN THE DEVELOPER WOULD ULTIMATELY BEAR, OR
(III) IF THE COST OF SUCH RISKS OR GUARANTEES WOULD BE PAID FROM GOVERN-
MENTAL GRANTS, LOANS, SUBSIDIES OR OTHER GOVERNMENTAL FUNDS. THE FORE-
GOING LIMITATION SHALL NOT APPLY TO ANY PORTION OF A DEVELOPER FEE PAID
TO THE HOUSING AUTHORITY.
(J) THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO EACH OF THE
PROJECTS DELINEATED IN SUBDIVISION TWO OF THIS SECTION COMMENCING ON THE
CLOSING DATE OF THE SALE OR LEASE OF EACH RESPECTIVE PROJECT IN COMPLI-
ANCE WITH APPLICABLE LAW AND SHALL BE BINDING ON ALL OWNERS AND OPERA-
TORS OF SUCH PROJECT.
4. STATE SUBSIDIES AVAILABLE TO THE PROJECTS LISTED IN SUBDIVISION TWO
OF THIS SECTION IN CONNECTION WITH THE BONDS, NOTES OR OTHER OBLIGATIONS
HERETOFORE ISSUED TO FINANCE THE COST THEREOF MAY, SUBJECT TO ANNUAL
APPROPRIATION AND UPON COMPLIANCE WITH THE PROVISIONS OF THIS SECTION,
CONTINUE TO BE USED TO PAY THE DEBT SERVICE ON SUCH BONDS, NOTES OR
OTHER OBLIGATIONS, SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMIS-
SIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY DEEM APPRO-
PRIATE.
5. THE NEW YORK CITY HOUSING AUTHORITY SHALL BE REQUIRED TO DEVELOP
AND CIRCULATE A NOTICE TO ALL TENANTS OF PUBLIC HOUSING PROJECTS LISTED
IN SUBDIVISIONS ONE AND TWO OF THIS SECTION. THE NOTICE SHALL CONTAIN
INFORMATION REGARDING THE TRANSFER AND FEDERALIZATION PROCESS, AS WELL
S. 6430--A 5
AS NOTICE THAT TENANTS' RIGHTS TO OCCUPANCY AND DUE PROCESS SHALL
CONTINUE AS THEY EXISTED PRIOR TO THE TRANSFER.
6. THE NEW YORK CITY HOUSING AUTHORITY, SHALL PROVIDE THE COMMISSIONER
OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE CHAIR OF THE ASSEM-
BLY HOUSING COMMITTEE, AND THE CHAIR OF THE SENATE HOUSING,
CONSTRUCTION, AND COMMUNITY DEVELOPMENT COMMITTEE COPIES OF THE ANNUAL
PROJECT ACTIVITY REPORT OR ANY SUBSTANTIALLY SIMILAR ANNUAL REPORT THAT
IT IS REQUIRED TO SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT THAT IS RELATED TO THE PROJECTS LISTED IN SUBDIVISIONS
ONE AND TWO OF THIS SECTION.
S 2. This act shall take effect immediately, provided, however, that
the provisions of subdivision 4 of section 402-b of the public housing
law, as added by section one of this act, shall apply to any debt
service payments which become due after such date.