S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10017--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced  by  M.  of  A. CYMBROWITZ, ROZIC, SEPULVEDA -- read once and
   referred to the Committee on Housing  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the private housing finance law, in relation  to  estab-
   lishing an affordable independent senior housing assistance program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The private housing finance law is amended by adding a  new
 article 29 to read as follows:
                               ARTICLE XXIX
         AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
 SECTION 1260. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
   § 1260. AFFORDABLE  INDEPENDENT  SENIOR HOUSING ASSISTANCE PROGRAM. 1.
 ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
 HEALTH, SHALL DEVELOP AN AFFORDABLE INDEPENDENT SENIOR  HOUSING  ASSIST-
 ANCE  PROGRAM, WHICH SHALL PROVIDE GRANTS WITHIN AMOUNTS APPROPRIATED OR
 OTHERWISE AVAILABLE THEREFOR TO AFFORDABLE  INDEPENDENT  SENIOR  HOUSING
 PROPERTIES  TO  ESTABLISH  AND OPERATE RESIDENT ASSISTANCE PROGRAMS. THE
 GRANTS SHALL BE DISTRIBUTED BY THE COMMISSIONER OF HEALTH.
   2. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL  HAVE  THE  FOLLOWING MEANINGS: (A) "AFFORDABLE INDEPENDENT SENIOR
 HOUSING PROPERTY" SHALL MEAN APARTMENT BUILDINGS OR APARTMENT  COMPLEXES
 OCCUPIED  BY INDIVIDUALS OVER SIXTY YEARS OF AGE, WHO LIVE INDEPENDENTLY
 AND AT LEAST EIGHTY PERCENT OF WHOM HAVE A TOTAL HOUSEHOLD  INCOME  THAT
 DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME; AND
   (B)  "RESIDENT  ASSISTANCE" SHALL MEAN SUPPORT OFFERED TO RESIDENTS OF
 AFFORDABLE INDEPENDENT SENIOR HOUSING PROPERTIES TO HELP PROMOTE HEALTHY
 LIVING BY EXTENDING INDEPENDENCE AND IMPROVING QUALITY OF LIFE.
   3. ASSISTANCE. RESIDENT ASSISTANCE SHALL BE DETERMINED BY THE  COMMIS-
 SIONER  OF  HEALTH; PROVIDED HOWEVER, THAT THE PROVISION OF SUCH ASSIST-
 ANCE SHALL NOT INCLUDE ANY SERVICES  OR  ASSISTANCE  THAT  REQUIRES  THE
 PROPERTY  TO  BE  LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
 SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE  PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14848-03-8

 A. 10017--A                         2
 
 ANT  TO  ARTICLE  FORTY-SIX-B OF THE PUBLIC HEALTH LAW. PRIOR TO ISSUING
 ANY GRANTS PURSUANT TO THIS ARTICLE,  THE  DEPARTMENT  OF  HEALTH  SHALL
 SOLICIT  INPUT FROM VARIOUS STAKEHOLDERS TO DETERMINE WHAT WOULD CONSTI-
 TUTE  ASSISTANCE  TO  ENSURE THAT SUCH ASSISTANCE WOULD NOT REQUIRE SUCH
 LICENSURE. A SUMMARY OF SUCH INPUT AND THE DETERMINATION BY THE  DEPART-
 MENT OF HEALTH AS TO WHETHER THE ASSISTANCE PROVIDED BY THE GRANT APPLI-
 CANT  WOULD  REQUIRE  LICENSURE  AS  AN  ADULT CARE FACILITY OR ASSISTED
 LIVING RESIDENCE SHALL BE IN WRITING AND SHARED WITH THE VARIOUS  STAKE-
 HOLDERS PRIOR TO THE APPROVAL OF ANY GRANTS PURSUANT TO THIS SECTION.
   4.  ALLOCATION.  SIXTY  PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO
 THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO  PROJECTS  LOCATED
 IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR
 OF  SECTION  TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY PERCENT OF
 THE TOTAL FUNDS AWARDED PURSUANT TO THIS  ARTICLE  IN  ANY  FISCAL  YEAR
 SHALL  BE  ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE, AS
 SUCH TERM IS DEFINED IN SUBDIVISION  THREE  OF  SECTION  TWELVE  HUNDRED
 THIRTY-ONE  OF  THIS CHAPTER. ANY FUNDS APPROPRIATED OR OTHERWISE AVAIL-
 ABLE THEREFOR FOR THE PROGRAM MAY BE TRANSFERRED TO  THE  DEPARTMENT  OF
 HEALTH.  A  PORTION  OF  ANY AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE
 THEREFOR MAY BE USED BY THE COMMISSIONER OF  HEALTH  TO  ADMINISTER  THE
 PROGRAM.
   § 2. This act shall take effect immediately.