S T A T E   O F   N E W   Y O R K
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                                  5175--A
                                                         Cal. No. 246
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M.  of A. BLAKE, BARRON, COOK, CRESPO, DE LA ROSA, GOTT-
   FRIED, HYNDMAN, MOSLEY, ORTIZ,  PHEFFER AMATO,  PICHARDO,  RICHARDSON,
   SEAWRIGHT,  TAYLOR,  WALKER,  ARROYO  -- read once and referred to the
   Committee on Housing -- advanced to a third reading, passed by  Assem-
   bly and delivered to the Senate, recalled from the Senate, vote recon-
   sidered,  bill  amended, ordered reprinted, retaining its place on the
   order of third reading
 
 AN ACT to amend the private housing finance law, in relation  to  estab-
   lishing  an  electronic  automated system for applications and waiting
   lists, and to develop a written procedure for applicant selection  and
   rejection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 31 of the private housing finance law is amended by
 adding three new subdivisions 13, 14 and 15 to read as follows:
   13. THE COMMISSIONER OR SUPERVISING AGENCY  SHALL  DEVELOP  A  WRITTEN
 PROCEDURE WITH REGARD TO HOW APPLICATIONS FOR ADMISSION TO A COMPANY ARE
 PROCESSED  AND  NUMBERED,  AND  HOW TENANTS ARE SELECTED. SUCH PROCEDURE
 SHALL BE IMPLEMENTED AND FOLLOWED BY ALL LIMITED-PROFIT  HOUSING  COMPA-
 NIES  SUBJECT TO THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 ANY LIMITED-PROFIT HOUSING COMPANY MAY ELECT  ADDITIONAL  PROCEDURES  SO
 LONG  AS SUCH PROCEDURES ARE NOT INCONSISTENT WITH THE PROCEDURES DEVEL-
 OPED BY THE COMMISSIONER OR SUPERVISING AGENCY AND  ANY  OTHER  REQUIRE-
 MENTS SET FORTH IN THIS ARTICLE.
   14.  THE  COMMISSIONER OR SUPERVISING AGENCY SHALL DEVELOP A PROCEDURE
 WHEREBY APPLICANTS ARE NOTIFIED IN THE CASE THAT  THEIR  APPLICATION  IS
 REJECTED  BY  A LIMITED-PROFIT HOUSING COMPANY SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE, AND SUCH PROCEDURE  SHALL  ALSO  INCLUDE  THE  APPEAL'S
 PROCESS AVAILABLE TO THE REJECTED APPLICANT. THE NOTIFICATION THAT SHALL
 BE  SENT  TO THE APPLICANT SHALL BE IN WRITTEN FORM, INCLUDE REASONS WHY
 THE APPLICANT WAS REJECTED, THE APPEAL'S PROCESS, AND  BE  SENT  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08654-03-9

 A. 5175--A                          2
 
 APPLICANT  WITHIN  SIXTY  DAYS  AFTER THE LIMITED-PROFIT HOUSING COMPANY
 DECIDED TO REJECT SUCH APPLICANT. ANY LIMITED-PROFIT HOUSING COMPANY MAY
 ELECT ADDITIONAL PROCEDURES SO LONG AS SUCH PROCEDURES  ARE  NOT  INCON-
 SISTENT WITH THE PROCEDURES DEVELOPED BY THE COMMISSIONER OR SUPERVISING
 AGENCY  AND  ANY  OTHER  REQUIREMENTS  SET  FORTH  IN  THIS ARTICLE. FOR
 PURPOSES OF THIS SUBDIVISION, AN APPLICANT SHALL NOT BE DEEMED  REJECTED
 IF  THEIR  APPLICATION  IS  STILL  ACTIVE  ON THE LIMITED-PROFIT HOUSING
 COMPANY'S WAITING LIST AND SUCH WAITING LIST IS STILL OPEN AND ACCEPTING
 APPLICATIONS.
   15. THE COMMISSIONER OR  THE  SUPERVISING  AGENCY  SHALL  DEVELOP  AND
 REQUIRE  THE USE OF A PUBLICLY AVAILABLE ELECTRONIC AUTOMATED SYSTEM FOR
 LIMITED-PROFIT HOUSING COMPANIES TO STORE, PROCESS, AND MAINTAIN  APPLI-
 CATIONS AND WAITING LISTS. WAITING LISTS MAINTAINED BY EACH SUCH COMPANY
 SHALL USE A METHOD THAT PROTECTS ANY PERSONALLY IDENTIFIABLE INFORMATION
 OF APPLICANTS FROM BEING PUBLICLY DISCLOSED OR ACCESSIBLE TO THE PUBLIC.
 SUCH  ELECTRONIC AUTOMATED SYSTEM SHALL ALSO INCLUDE GENERAL INFORMATION
 ABOUT EACH COMPANY, INCLUDING, BUT NOT LIMITED TO:  THE NAME AND ADDRESS
 OF THE COMPANY; THE MANAGEMENT OFFICE AND ADDRESS; THE NUMBER  AND  SIZE
 OF  ALL  UNITS  IN  EACH BUILDING; AND INFORMATION ON THE STATUS OF EACH
 WAITING LIST, INCLUDING WHETHER THE LIMITED-PROFIT  HOUSING  COMPANY  IS
 CURRENTLY  ACCEPTING  APPLICATIONS  AND  HOW LONG APPLICANTS MAY HAVE TO
 WAIT.
   § 2. This act shall take effect June 15, 2021.