S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10494
 
                           I N  A S S E M B L Y
 
                               May 29, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
   -- read once and referred to the Committee on Ways and Means
 
 AN ACT establishing the special joint legislative commission on afforda-
   ble housing; and providing for the  repeal  of  such  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "special joint legislative commission on affordable housing act".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that  New  York State and its localities have made significant
 investments in the development and preservation of affordable housing in
 recent years, including the implementation of landmark, statewide spend-
 ing plans targeting various types of housing and those populations  most
 in  need  of affordable and supportive options. While the state has made
 progress toward achieving  housing  goals,  additional  initiatives  are
 needed  to  address  affordable  housing  shortages. The purpose of this
 commission is to examine the overall effectiveness of existing  programs
 that  prioritize  housing stability and the preservation and development
 of affordable housing. This commission will also allow  the  legislature
 to  hear from a broad array of housing stakeholders in order to identify
 methods to improve existing programs as well as implement new strategies
 to increase the supply and production of affordable housing units across
 the state.
   § 3. Special joint legislative commission on  affordable  housing.  1.
 There is hereby created in the division of housing and community renewal
 a  special  joint  legislative  commission  on  affordable  housing. The
 commission shall consist of the following members: (a) the  commissioner
 of the division of housing and community renewal, or their designee; (b)
 the commissioner of the department of health, or their designee; (c) the
 superintendent  of the department of financial services, or their desig-
 nee; (d) the chief housing officer of the city  of  New  York  or  their
 designee;  (e) the commissioner of the New York city department of hous-
 ing preservation and development, or their designee; (f) the  chair  and
 chief executive officer of the New York city housing authority, or their
 designee;  (g)  a  representative  of  the New York state public housing
 authority directors association; (h) ten members appointed by the gover-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15953-03-2
 A. 10494                            2
 
 nor; (i) ten members appointed by the temporary president of the senate;
 (j) ten members appointed by the speaker of the assembly; (k) one member
 appointed by the minority leader of  the  senate;  and  (l)  one  member
 appointed by the minority leader of the assembly.
   2.  Members  appointed to the commission shall have experience working
 with issues related to affordable housing.  The governor, the  temporary
 president  of  the  senate,  and  the speaker of the assembly shall each
 appoint an individual for each of the following categories:   a  housing
 legal  services provider, a tenant rights advocate or community organiz-
 er, an advocate for the homeless, a real estate trade association repre-
 sentative, a trade  union  representative,  a  building  service  worker
 representative, a representative of an association of affordable housing
 developers,  a representative of a community based, not-for-profit hous-
 ing company, a representative of an affordable housing developer operat-
 ing outside the city of New York, and a representative of an association
 of rural housing and community development.
   3. The commissioner of the division of housing and  community  renewal
 shall  serve,  ex  officio, as the chair of the commission.  A member of
 the senate appointed to the commission by the temporary president of the
 senate and a member of the assembly appointed to the commission  by  the
 speaker  of  the  assembly  shall  be designated by each to serve as the
 co-chairs of the commission. In appointing members  to  the  commission,
 appointing  authorities  shall  ensure  that  such  members, as a group,
 represent diverse perspectives relevant to the duties of the  commission
 and shall represent the geographic diversity of the state.
   4.  The members of the commission shall serve at the pleasure of their
 appointing authority. Any vacancy that occurs in the commission shall be
 filled in the same manner in which the original appointment was made. No
 member of the commission shall be disqualified from  holding  any  other
 public office or employment, nor shall he or she forfeit any such office
 or  employment  by  reason of his or her appointment hereunder, notwith-
 standing the provisions of any general, special,  or  local  law,  ordi-
 nance, or city charter.
   5.  The  members of the commission, except those who serve ex officio,
 shall be allowed their actual and necessary  expenses  incurred  in  the
 performance  of  their  duties under this act but shall receive no addi-
 tional compensation for services rendered pursuant to this act.
   6. The commission, on call of the chair, shall meet in-person  or  via
 electronic  means  at  least  monthly  and at such other times as may be
 necessary. The commission may establish rules and  procedures  regarding
 conduct  of its meetings and other affairs.  A quorum shall be necessary
 for the conduct of official business by the commission or any  committee
 or subcommittee thereof. Unless otherwise provided by law, fifty percent
 or  more  of  the  appointed members of the commission or any committee,
 when applicable, shall constitute a quorum.  The commission  may  estab-
 lish committees and subcommittees.
   7.   The division of housing and community renewal shall provide tech-
 nical assistance and data to the commission as may be necessary for  the
 commission  to  carry out its responsibilities pursuant to this section.
 To the maximum extent feasible, the  commission  shall  be  entitled  to
 request  and receive and shall utilize and be provided with such facili-
 ties, resources and data of any  department,  division,  board,  bureau,
 committee,  agency  or  public  authority  of the state or any political
 subdivision thereof as it may reasonably request to properly  carry  out
 its powers and duties pursuant to this act.
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   8.  Appointments  to the commission shall be made no later than thirty
 days after the effective date of this act.
   9.  Any  vacancy  in the commission shall not affect the powers of the
 commission, and shall be filled in  the  same  manner  as  the  original
 appointment.
   10.  The  commission  shall  meet not later than thirty days after the
 date on which a majority of the members  of  the  commission  have  been
 appointed.
   §  4. Definitions. As used in this act, the following terms shall have
 the following meanings:
   1. "Affordable housing" means a dwelling unit that does not  cost-bur-
 den  an  extremely  low income household, a very low income household, a
 low income household, a moderate income household, or  a  middle  income
 household, as the case may be.
   2. "Low income housing" and "public housing" shall have the same mean-
 ings given to those terms in 42 U.S.C. 1437a (b).
   3.  "Commissioner"  means  the commissioner of the division of housing
 and community renewal.
   4. "Rural" or "rural area" means any open county, or any place,  town,
 village,  or  city which is not part of or associated with an urban area
 and which:
   (a) has a population not in excess of twenty-five hundred residents;
   (b) has a population in excess of twenty-five  hundred  residents  but
 not in excess of ten thousand residents if such area is rural in nature;
 or
   (c)  has  a  population in excess of ten thousand residents but not in
 excess of twenty thousand residents, and is not contained within a stan-
 dard metropolitan statistical area.
   5. "Urban" or "urban area" means an area as designated by  the  United
 States  census  bureau  having a population of five thousand or more and
 not within any urbanized area, within boundaries to be  fixed  by  state
 and  local  officials  in  cooperation  with each other. Such boundaries
 shall encompass, at a minimum, the entire urban area  as  designated  by
 the United States census bureau.
   6.  "Urbanized area" means an area with a population of fifty thousand
 or more designated by the United States census bureau, within boundaries
 to be fixed by state and local officials in cooperation with each other.
 Such boundaries shall encompass, at a minimum, the entire urbanized area
 as designated by the United States census bureau.
   7. "Suburb" or "suburban area" means a mixed-use or residential  area,
 existing  either as part of a city or urban area, or as a separate resi-
 dential community that is not an urban area within commuting distance of
 a city.
   8. "Middle income household" means a household that has an  income  of
 more  than  one  hundred twenty percent of the area median income but no
 more than one hundred sixty percent of the area median income,  adjusted
 for  the  size  of  the  household,  as  determined by the United States
 department of housing and urban development.
   9. "Moderate income household" means a household income of  more  than
 eighty  percent  of  the area median income but no more than one hundred
 twenty percent of the area median income, adjusted for the size  of  the
 household,  as determined by the United States department of housing and
 urban development.
   10. "Low income household" means a household income of more than fifty
 percent of the area median income but no more than eighty percent of the
 A. 10494                            4
 
 area median income, adjusted for the size of the  household,  as  deter-
 mined by the United States department of housing and urban development.
   11.  "Very low income household" means a household income of more than
 thirty percent of the area median income but no more than fifty  percent
 of  the  area  median income, adjusted for the size of the household, as
 determined by the United States department of housing and urban develop-
 ment.
   12. "Extremely low income household" means income  not  in  excess  of
 thirty  percent  of the area median income, adjusted for the size of the
 household, as determined by the United States department of housing  and
 urban development.
   §  5. Duties and responsibilities of the commission. 1. The mission of
 the commission is to make specific recommendations to the legislature on
 how to preserve and maintain existing affordable housing, to support the
 development of new affordable housing in  the  state  of  New  York,  to
 strengthen  and grow diverse and stable communities, and to maximize the
 impact of private, state, local and federal resources by  ensuring  long
 term affordability.
   2. The commission shall:
   (a)  evaluate  and  measure access to affordable housing for extremely
 low income, very low income, low income,  moderate  income,  and  median
 income  households  in urban, rural and suburban areas across the state,
 including, but not limited to, single family homes with  four  units  or
 less,  multiple  residences, multiple dwellings, public housing accommo-
 dations, and mobile and manufactured homes;
   (b) evaluate and quantify the costs incurred by other state, and local
 programs due to a lack of affordable housing;
   (c) evaluate and make recommendations to the  legislature  on  how  to
 address affordable housing access for higher need populations, including
 but not limited to people of color, veterans, persons with disabilities,
 independent  seniors,  workforce and public servants, single parents and
 kinship care, and extremely low income households;
   (d) evaluate and make recommendations to the  legislature  on  how  to
 address  affordable  housing  access  across  the  state,  by geography,
 region, size of localities, and proximity to public transportation;
   (e) evaluate and make recommendations to the legislature on how to use
 affordable housing to improve the  effectiveness  of  state,  and  local
 programs and improve life outcomes including, but not limited to, great-
 er  income  stability,  better  education and physical and mental health
 outcomes for adults and children;
   (f) evaluate and make recommendations to the  legislature  on  how  to
 support  the  development  of more affordable housing, preserve existing
 affordable housing and how to use  affordable  housing  to  improve  the
 effectiveness  of state and local programs and improve life outcomes for
 individuals living in New York;
   (g) evaluate and make recommendations to the legislature on real prop-
 erty tax assessments, abatement and exemption incentives to support  the
 development  of more affordable housing and preserve existing affordable
 housing, and homeowner assistance;
   (h) evaluate and make recommendations to the legislature  on  eviction
 protections,  stabilizing  rents, and the impact short term rentals have
 on housing vacancy rates;
   (i) evaluate and make recommendations to the legislature on labor  and
 worker  concerns during the construction and post-construction phases of
 affordable housing development, including wages, work-site  safety,  and
 employment protections;
 A. 10494                            5
 
   (j)  evaluate  and  make  recommendations to the legislature on zoning
 laws and rules and land use restrictions, housing density and  accessory
 dwelling  units,  vacant  property  conversions,  and  transit  oriented
 affordable housing development;
   (k)  evaluate  and  make recommendations to the legislature on Federal
 housing and urban development section 8 and  section  9  public  housing
 programs, housing assistance vouchers and supplemental payments;
   (l) evaluate and make recommendations to the legislature on affordable
 homeownership  opportunities, foreclosure prevention, rehabilitation and
 restoration options, demolition and  reconstruction,  new  construction,
 and down payment assistance;
   (m) evaluate and make recommendations to the legislature on fair hous-
 ing, housing equity and inclusion, and reversing the residual effects of
 redlining; and
   (n)  evaluate  and  make  recommendations  to  the  legislature on the
 conversion of existing vacant or blighted property  into  affordable  or
 supportive housing.
   3.  The  commission shall utilize any available survey and statistical
 data related to the purpose of the commission to complete  comprehensive
 reports  that evaluate and quantify the impact that a lack of affordable
 housing has on current conditions and future life outcomes for  individ-
 uals living in New York, including:
   (a) education;
   (b) employment;
   (c) income level;
   (d) disability, and physical and mental health;
   (e) nutrition;
   (f) access to transportation;
   (g) the poverty level of the neighborhood in which individuals live;
   (h) geographical location and access to public transportation;
   (i) regional economic growth;
   (j) home ownership;
   (k) neighborhood and rural community stability and revitalization; and
   (l)  other  areas  of  life  and  future  life outcomes related to the
 purpose of the commission necessary to complete a comprehensive report.
   4. The commission may request and shall receive any and  all  informa-
 tion  from  any  other  state  or  local agency the commission considers
 necessary to carry out this act.
   5. The commission may hold such  hearings,  take  such  testimony  and
 receive such evidence as the commission considers advisable to carry out
 this act.  The commission shall also hold at least one public hearing in
 the  city of New York and two public hearings outside of the city of New
 York in different regions of the state.
   6. Reports and recommendations to the legislature  by  the  commission
 shall  be  submitted to the legislature annually, the first report shall
 be due no later than December 31, 2022.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  one  year  after  the date on which all members of the
 commission are first appointed pursuant to  section  two  of  this  act;
 provided  that  the co-chairs of the commission shall jointly notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of  such
 appointments  in  order that the commission may maintain an accurate and
 timely effective data base of the official text of the laws of the state
 of New York in furtherance of effectuating the provisions of section  44
 of the legislative law and section 70-b of the public officers law.