S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6161
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK,  MONTESANO,  TAGUE, DiPIETRO --
   Multi-Sponsored by -- M. of A. MANKTELOW -- read once and referred  to
   the Committee on Housing
 
 AN  ACT  to amend the public housing law, in relation to the purchase of
   dwelling units by residents of public housing projects

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section  58-a  of  the public housing law is amended by
 adding a new subdivision 3 to read as follows:
   3. (A) SUBJECT TO THE APPROVAL OF THE COMMISSIONER IN THE  CASE  OF  A
 STATE  PROJECT  OR  IN  THE CASE OF DWELLING UNITS OPERATED AS PUBLIC OR
 INDIAN HOUSING PURSUANT TO THE PROVISIONS OF THE UNITED  STATES  HOUSING
 ACT  OF  1937, AS AMENDED, AND THE LOCAL LEGISLATIVE BODY IN THE CASE OF
 MUNICIPAL PROJECTS AN AUTHORITY SHALL PROVIDE TO THOSE  RESIDENTS  OF  A
 PROJECT THE OPPORTUNITY TO PURCHASE DWELLING UNITS IN A PROJECT PROVIDED
 THAT:
   (I)  THE  RESIDENT HAS RESIDED IN PUBLIC HOUSING PROJECTS FOR NOT LESS
 THAN TWENTY-FOUR CONSECUTIVE MONTHS; AND
   (II) IS DETERMINED BY THE AUTHORITY TO  BE  CAPABLE  OF  ASSUMING  THE
 RESPONSIBILITIES OF HOMEOWNERSHIP; AND
   (III)  COMPLIES  WITH SUCH ADDITIONAL REQUIREMENTS AS THE COMMISSIONER
 OR THE AUTHORITY MAY ESTABLISH IN THE CASE OF A  STATE  OR  A  MUNICIPAL
 PROJECT.
   (B)  ANY  RESIDENT  MEETING  THE REQUIREMENTS OF PARAGRAPH (A) OF THIS
 SUBDIVISION MAY PURCHASE HIS OR HER  DWELLING  UNIT  DIRECTLY  FROM  THE
 AUTHORITY IF THE AUTHORITY DETERMINES THAT SUCH PURCHASE WILL NOT INTER-
 FERE  WITH THE RIGHTS OF OTHER RESIDENTS RESIDING IN THE PROJECT OR HARM
 THE EFFICIENT OPERATION OF SUCH PROJECT. SUCH  PURCHASE  OF  A  DWELLING
 UNIT  BY  A RESIDENT SHALL ALSO INCLUDE A FIXED PERCENTAGE OF THE COMMON
 ELEMENTS OF THE PROJECT AS DETERMINED BY THE AUTHORITY.  THE  PRICE  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06007-01-9
              

 A. 6161                             2
 
 ANY  SUCH  PURCHASE  SHALL NOT BE MORE THAN THE FAIR MARKET VALUE OF THE
 DWELLING UNIT AS DETERMINED BY THE AUTHORITY.
   (C)  FOR  THE PURPOSE OF ASSISTING ANY PURCHASE BY A RESIDENT PURSUANT
 TO THIS SUBDIVISION THE AUTHORITY INVOLVED OR ANY SUBSIDIARY CORPORATION
 OF SUCH AUTHORITY MAY MAKE A  LOAN  ON  THE  SECURITY  OF  THE  PROPERTY
 INVOLVED TO SUCH PURCHASING RESIDENT AT A RATE OF INTEREST DETERMINED BY
 THE AUTHORITY TO BE APPROPRIATE.
   (D)  IF  ANY  RESIDENT  PURCHASER  OF A DWELLING UNIT PURSUANT TO THIS
 SUBDIVISION SELLS SUCH DWELLING UNIT BEFORE THE  EXPIRATION  OF  A  FIVE
 YEAR  PERIOD,  SUCH  PURCHASER SHALL PAY THE FOLLOWING PERCENTAGE OF THE
 SALE PRICE TO THE AUTHORITY INVOLVED:
   (I) SEVENTY-FIVE PERCENT, IF SUCH SALE OCCURS  DURING  THE  FIRST  ONE
 YEAR PERIOD FOLLOWING SUCH DATE;
   (II)  SIXTY  PERCENT,  IF  SUCH SALE OCCURS DURING THE SECOND ONE YEAR
 PERIOD FOLLOWING SUCH DATE;
   (III) FORTY-FIVE PERCENT, IF SUCH SALE OCCURS  DURING  THE  THIRD  ONE
 YEAR PERIOD FOLLOWING SUCH DATE;
   (IV)  THIRTY  PERCENT,  IF SUCH SALE OCCURS DURING THE FOURTH ONE YEAR
 PERIOD FOLLOWING SUCH DATE; AND
   (V) FIFTEEN PERCENT, IF SUCH SALE OCCURS DURING  THE  FIFTH  ONE  YEAR
 PERIOD FOLLOWING SUCH DATE.
   (E)  THE  AUTHORITY  OR  ANY EXISTING TENANT MANAGEMENT CORPORATION OR
 ASSOCIATION SHALL CONTINUE TO MANAGE THE PROJECT AND PROVIDE MAINTENANCE
 FOR THE PROJECT UNTIL SUCH  TIME  AS  ALL  OF  THE  DWELLING  UNITS  ARE
 PURCHASED  BY  PROJECT  RESIDENTS AT WHICH TIME THE AFOREMENTIONED FUNC-
 TIONS SHALL BE TRANSFERRED TO A RESIDENT MANAGEMENT ASSOCIATION OR TO  A
 PRIVATE MANAGEMENT COMPANY.
   (F)  THE  COMMISSIONER  AND  THE AUTHORITY INVOLVED SHALL PROVIDE SUCH
 TRAINING, TECHNICAL ASSISTANCE AND EDUCATION  AS  MAY  BE  NECESSARY  TO
 PREPARE  THE RESIDENT MANAGEMENT ASSOCIATION TO UNDERTAKE THE MANAGEMENT
 AND MAINTENANCE OF SUCH PROJECT AND TO PREPARE  THE  RESIDENTS  FOR  THE
 RESPONSIBILITY OF HOMEOWNERSHIP.
   (G)  THE COMMISSIONER SHALL ISSUE SUCH REGULATIONS AS MAY BE NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.  SUCH  REGULATIONS  MAY
 ESTABLISH ANY ADDITIONAL TERMS AND CONDITIONS FOR HOMEOWNERSHIP OR RESI-
 DENT  MANAGEMENT PURSUANT TO THIS SUBDIVISION THAT ARE DETERMINED BY THE
 COMMISSIONER TO BE APPROPRIATE.
   § 2. This act shall take effect immediately.