S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6804
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the private housing finance law, in relation  to  estab-
   lishing the affordable senior housing and services 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 28 to read as follows:
 
                              ARTICLE XXVIII
                         AFFORDABLE SENIOR HOUSING
                               AND SERVICES
 
 SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1241. DEFINITIONS.
         1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.
   § 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT THERE EXISTS IN THE STATE A SERIOUS SHOR-
 TAGE OF RENTAL HOUSING FOR OLDER PERSONS WHO CHOOSE TO LIVE INDEPENDENT-
 LY,  AND  WHO  MAY BENEFIT FROM MODEST BASIC SERVICES IN ORDER TO REMAIN
 LIVING  INDEPENDENTLY.  PROVIDING  CAPITAL  FUNDING  TO  FACILITATE  THE
 CONSTRUCTION  AND  REHABILITATION  OF  AFFORDABLE  RENTAL APARTMENTS FOR
 OLDER PERSONS OVER THE AGE OF SIXTY-TWO, AND PROVIDING  SERVICE  COORDI-
 NATION  FUNDS  TO  NOT-FOR-PROFIT ORGANIZATIONS, WILL ALLOW THOUSANDS OF
 OLDER NEW YORKERS TO  "AGE-IN-PLACE"  COMFORTABLY  IN  THEIR  COMMUNITY,
 REDUCING THE LIKELIHOOD OF RESIDING IN AN INSTITUTIONAL SETTING.
   § 1241. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2. "ELIGIBLE APPLICANT" SHALL MEAN A PERSON OF LOW INCOME,  A  HOUSING
 DEVELOPMENT FUND COMPANY INCORPORATED PURSUANT TO ARTICLE ELEVEN OF THIS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10424-03-7

 A. 6804                             2
 
 CHAPTER,  A  NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION WHICH
 HAS AS ONE OF ITS  PRIMARY  PURPOSES  THE  IMPROVEMENT  OF  HOUSING  FOR
 PERSONS  OF  LOW INCOME, A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPORATION
 OR ORGANIZATION, A PARTNERSHIP AT LEAST FIFTY PERCENT OF THE CONTROLLING
 INTEREST  OF  WHICH  IS  HELD  BY SUCH A CORPORATION OR ORGANIZATION AND
 WHICH HAS AGREED TO LIMIT PROFITS OR RATE  OF  RETURN  OF  INVESTORS  IN
 ACCORDANCE  WITH A FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION OR
 A PRIVATE DEVELOPER WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF  RETURN
 OF INVESTORS IN ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE
 CORPORATION,  A  CITY,  TOWN, VILLAGE OR COUNTY, PROVIDED, HOWEVER, THAT
 THE COUNTY IS ONLY ACTING AS AN ADMINISTRATOR OF A PROGRAM  UNDER  WHICH
 PROJECTS  ARE  REHABILITATED OR CONSTRUCTED OR NONRESIDENTIAL PROPERTIES
 ARE CONVERTED BY OTHER  ELIGIBLE  APPLICANTS,  OR  A  MUNICIPAL  HOUSING
 AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW, PROVIDED, HOWEVER,
 THAT  ANY  REAL  PROPERTY OF SUCH HOUSING AUTHORITY TO BE REHABILITATED,
 CONSTRUCTED OR CONVERTED UNDER THIS ARTICLE SHALL NOT HAVE BEEN FINANCED
 PURSUANT TO THE PROVISIONS OF THE PUBLIC HOUSING LAW AND SHALL NOT  HAVE
 BEEN  OWNED  BY  SUCH  AUTHORITY  PRIOR  TO JULY FIRST, NINETEEN HUNDRED
 EIGHTY-SIX, AND PROVIDED, FURTHER, HOWEVER, THAT PERSONS OF  LOW  INCOME
 SHALL  NOT  BE  DIRECT  RECIPIENTS OF PAYMENTS, GRANTS OR LOANS FROM THE
 CORPORATION UNDER THIS ARTICLE BUT MAY RECEIVE SUCH FUNDS  FROM  ANOTHER
 ELIGIBLE APPLICANT.
   3. "AFFORDABLE SENIOR HOUSING PROPERTY" SHALL MEAN AN APARTMENT BUILD-
 ING  OR COMPLEX OCCUPIED BY INDIVIDUALS OVER SIXTY-TWO YEARS OF AGE, WHO
 LIVE INDEPENDENTLY AND AT LEAST EIGHTY PERCENT  OF  WHOM  HAVE  A  TOTAL
 HOUSEHOLD  INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN
 INCOME, AND  WHICH  APARTMENT  BUILDING  OR  COMPLEX  IS  NOT  OTHERWISE
 REQUIRED  TO  BE  LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
 SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE  PURSU-
 ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW.
   4.  "HEALTHY  AGING SERVICES" SHALL MEAN AN ARRAY OF OPTIONAL SERVICES
 OFFERED TO RESIDENTS OF AN AFFORDABLE INDEPENDENT SENIOR HOUSING PROPER-
 TY ON A VOLUNTARY PARTICIPATION BASIS THAT HELP  PROMOTE  HEALTHY  AGING
 WHICH  MAY INCLUDE, BUT NOT BE LIMITED TO:  ESTABLISHING AND MAINTAINING
 NETWORKING RELATIONSHIPS WITH  COMMUNITY-BASED  SERVICES  AND  ORGANIZA-
 TIONS;  PROVIDING  RESIDENTS  WITH  INFORMATION  AND  REFERRAL LISTS FOR
 COMMUNITY SERVICES AND ASSISTING THEM  WITH  FOLLOW-UPS;  ARRANGING  FOR
 EDUCATIONAL  AND SOCIALIZATION PROGRAMS FOR RESIDENTS; HELPING RESIDENTS
 ARRANGE FOR  HOUSEKEEPING,  SHOPPING,  TRANSPORTATION,  MEALS-ON-WHEELS,
 COOKING  AND  LAUNDRY  SERVICES;  ESTABLISHING RESIDENT SAFETY PROGRAMS;
 ASSISTING RESIDENTS TO APPLY FOR  GOVERNMENT  BENEFITS;  ADVOCATING  FOR
 RESIDENTS;  OFFERING  OPPORTUNITIES  FOR  EXERCISE;  EDUCATING RESIDENTS
 ABOUT HEALTHY DIET; AND OTHER SERVICES DESIGNED TO ADDRESS THE NEEDS  OF
 OLDER  ADULTS  RESIDING  IN  SENIOR  HOUSING  FACILITIES BY HELPING THEM
 EXTEND THEIR INDEPENDENCE, IMPROVE THEIR  QUALITY  OF  LIFE,  AND  AVOID
 UNNECESSARY HOSPITAL AND NURSING HOME USE.
   § 1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.  1. ESTABLISH-
 MENT.  WITHIN  AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE
 CORPORATION SHALL DEVELOP AND ADMINISTER AN  AFFORDABLE  SENIOR  HOUSING
 AND  SERVICES  PROGRAM  WHICH  SHALL  PROVIDE  ASSISTANCE IN THE FORM OF
 PAYMENTS, GRANTS AND LOANS FOR REASONABLE AND NECESSARY EXPENSES, TO  AN
 ELIGIBLE  APPLICANT  FOR  THE  CREATION,  PRESERVATION OR IMPROVEMENT OF
 AFFORDABLE SENIOR HOUSING PROPERTIES, PROVIDED THAT  SUCH  HOUSING  ALSO
 PROVIDES  ACCESS  TO HEALTHY AGING SERVICES ON A VOLUNTARY BASIS FOR ALL
 RESIDENTS OF THE AFFORDABLE SENIOR HOUSING PROPERTY.

 A. 6804                             3
 
   2. PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES,  CRITE-
 RIA  AND  REQUIREMENTS  RELATED TO THE APPLICATION AND AWARD OF PROJECTS
 PURSUANT TO  THIS  SECTION  WHICH  SHALL  INCLUDE:  ELIGIBILITY,  MARKET
 DEMAND,  FEASIBILITY  AND  FUNDING  CRITERIA;  THE FUNDING DETERMINATION
 PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
 ING, BUDGETING AND RECORDKEEPING REQUIREMENTS; PROVISIONS FOR  MODIFICA-
 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
 ENT  WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION
 SHALL DEEM NECESSARY OR APPROPRIATE.
   3. FUND 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 SUBDIVI-
 SION 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.
   4.  PROOF  OF  AVAILABLE  SERVICES. APPLICANTS SHALL DEMONSTRATE PROOF
 THAT HEALTHY AGING SERVICES SHALL BE MADE AVAILABLE TO ALL RESIDENTS  OF
 THE  PROPERTY WITHIN THIRTY DAYS OF INITIAL OCCUPANCY. THERE SHALL BE NO
 REQUIREMENT THAT RESIDENTS TAKE PART  IN  SUCH  SERVICES.  THE  PROPERTY
 OWNER  OR  HIS  OR HER AGENT SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH
 SERVICES ARE AVAILABLE AND THAT RESIDENTS ARE MADE AWARE OF  THE  AVAIL-
 ABILITY  OF  SUCH SERVICES.   IF THE OWNER OF THE PROPERTY OR HIS OR HER
 AGENT ALSO PROVIDES SERVICES SUCH AS HOME CARE, THE OWNER OR HIS OR  HER
 AGENT  SHALL  NOT REQUIRE THAT ANY RESIDENT OF THE PROPERTY USE SERVICES
 PROVIDED AND SHALL PROACTIVELY PROVIDE INFORMATION  TO  RESIDENTS  ABOUT
 THE  AVAILABILITY  OF  OTHER COMPANIES OR ORGANIZATIONS IN THE COMMUNITY
 THAT PROVIDE THE SAME OR SIMILAR SERVICES.
   5. SERVICES FUNDING THROUGH THE OFFICE FOR THE AGING. THE  CORPORATION
 SHALL  SUBALLOCATE A PORTION OF THE AMOUNT APPROPRIATED FOR THE AFFORDA-
 BLE SENIOR HOUSING AND SERVICES PROGRAM TO  THE  OFFICE  FOR  THE  AGING
 WHICH  SHALL  PROVIDE  GRANTS  ON A COMPETITIVE BASIS FOR NOT-FOR-PROFIT
 ORGANIZATIONS TO PROVIDE  HEALTHY  AGING  SERVICES.  SUCH  OFFICE  SHALL
 DEVELOP  REGULATIONS  THAT WILL ENSURE THAT FUNDS ARE PROVIDED TO ORGAN-
 IZATIONS THAT DEVELOP AND OPERATE AFFORDABLE SENIOR HOUSING  PROPERTIES,
 AS  DEFINED  IN  THIS  ARTICLE.  THE  OFFICE FOR THE AGING SHALL PROVIDE
 GRANTS TO ORGANIZATIONS THAT HAVE DEMONSTRATED EXPERIENCE  WORKING  WITH
 PERSONS ELIGIBLE FOR THE PROGRAM FOR AT LEAST THREE YEARS.
   6.  ANNUAL REPORT. THE CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEM-
 BER THIRTY-FIRST, SUBMIT A REPORT TO THE LEGISLATURE ON THE  IMPLEMENTA-
 TION  OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 FOR EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE:  A  DESCRIPTION  OF
 SUCH  AWARD;  CONTRACT  AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV-
 ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; AND SUCH OTHER
 INFORMATION AS THE CORPORATION DEEMS PERTINENT.
   § 2. This act shall take effect immediately.