S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4358
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ,  ROZIC,  JAFFEE, TAYLOR, COLTON,
   BARRON, WALLACE, DE LA ROSA, SANTABARBARA -- Multi-Sponsored by --  M.
   of A. McDONOUGH -- read once and referred to the Committee on Housing
 
 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-A to read as follows:
                              ARTICLE XXIX-A
         AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
 SECTION 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
   § 1265. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08339-01-9

 A. 4358                             2
 
 PROPERTY 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.  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.