S T A T E   O F   N E W   Y O R K
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                                   4538
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2019
                                ___________
 
 Introduced  by Sens. KAVANAGH, LITTLE, FUNKE, KENNEDY, KRUEGER, SEPULVE-
   DA, STAVISKY -- read twice and ordered printed, and when printed to be
   committed to the Committee  on  Housing,  Construction  and  Community
   Development
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08339-01-9

 S. 4538                             2
 
 ANCE  SHALL  NOT  INCLUDE  ANY  SERVICES OR ASSISTANCE THAT REQUIRES THE
 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.