S T A T E O F N E W Y O R K
________________________________________________________________________
5141--B
Cal. No. 418
2017-2018 Regular Sessions
I N S E N A T E
March 9, 2017
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Introduced by Sens. LITTLE, HAMILTON, SERINO -- 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, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- again
amended and ordered reprinted, retaining its place in the order of
third reading
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, AND PROVIDING SERVICE COORDINATION
FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS, WILL ALLOW THOUSANDS OF OLDER NEW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10424-08-7
S. 5141--B 2
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
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 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 PURSUANT TO ARTICLE
FORTY-SIX-B OF THE PUBLIC HEALTH LAW.
4. "HEALTHY AGING SERVICES" SHALL MEAN A LIMITED ARRAY OF OPTIONAL
SERVICES OFFERED TO RESIDENTS OF AN AFFORDABLE INDEPENDENT SENIOR HOUS-
ING PROPERTY ON A VOLUNTARY PARTICIPATION BASIS THAT HELP PROMOTE HEAL-
THY AGING, WHICH MAY INCLUDE: ESTABLISHING AND MAINTAINING NETWORKING
RELATIONSHIPS WITH COMMUNITY-BASED SERVICES AND ORGANIZATIONS; PROVIDING
RESIDENTS WITH INFORMATION AND REFERRAL LISTS FOR COMMUNITY SERVICES;
ARRANGING FOR EDUCATIONAL AND SOCIALIZATION PROGRAMS FOR RESIDENTS;
HELPING RESIDENTS ARRANGE FOR HOUSEKEEPING, SHOPPING, TRANSPORTATION,
MEAL DELIVERY SERVICES, COOKING AND/OR AGING SERVICES TECHNOLOGY; ESTAB-
LISHING RESIDENT SAFETY PROGRAMS; HELPING RESIDENTS TO APPLY FOR GOVERN-
MENT 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 INDEPENDENT
SENIOR HOUSING. IN NO INSTANCE SHALL AN INDEPENDENT SENIOR HOUSING PROP-
ERTY BE CONSIDERED OR PURPORT TO PROVIDE ASSISTED LIVING UNLESS IT IS A
FACILITY LICENSED PURSUANT TO SECTION FORTY-SIX HUNDRED FIFTY-SIX OF THE
PUBLIC HEALTH LAW.
§ 1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM. 1. ESTABLISH-
MENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE
S. 5141--B 3
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.
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. A PORTION OF
THE AMOUNT APPROPRIATED FOR THE AFFORDABLE SENIOR HOUSING AND SERVICES
PROGRAM SHALL BE SUB-ALLOCATED OR TRANSFERRED TO THE OFFICE FOR THE
AGING WHICH SHALL PROVIDE GRANTS ON A COMPETITIVE BASIS FOR NOT-FOR-PRO-
FIT 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.
