S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4491
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Housing
 
 AN  ACT relating to protecting the rights of current and converted Mitc-
   hell-Lama residents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Protecting  the rights of current and converted Mitchell-
 Lama residents. 1. New  York  State  Homes  and  Community  Renewal,  in
 consultation  with the New York City Department of Housing Preservation,
 shall appoint an independent agency or office, which will solicit  resi-
 dent complaints and will provide unbiased grievance and complaint proce-
 dures  that  are consistent with the administrative procedures act.  The
 independent agency or office will handle  all  Mitchell-Lama  complaints
 including, but not limited to, the following:
   a. owner/management company/co-op board harassment and abuse;
   b.  enjoying  the benefit of unnecessarily and financially unsupported
 rent/carrying charge increases;
   c.  failure  to  adequately  reconcile  tenant  rent/carrying   charge
 records;
   d. failure to provide essential services on a consistent basis;
   e. failure to provide a decent, sanitary and safe living environment;
   f. failure to hold open and transparent co-op board elections;
   g. failure to notify and include all residents of building/development
 conversions; and
   h.  failure  to  lower  rents/carrying charges for eligible residents,
 when a subsidy program that is already in development  will  lower  that
 resident's rent/carrying charges.
   2.  The practice of approving refinancing and/or conversion "windfall"
 deals shall be eliminated unless the ownership, managing agents,  co-ops
 boards,  the  New  York city supervised Mitchell-Lama developments (HPD)
 and the New York state supervised Mitchell-Lama developments (DHCR)  can
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07606-01-1

 A. 4491                             2
 
 produce  verified  financial  documentation  from  the comptroller which
 accounts for every dollar spent during the ten year period prior to  the
 application for refinancing and/or conversion.
   3.  All  rent  and  carrying charge increases approved by HPD and DHCR
 shall receive final approval from the respective New York  city  or  New
 York  state  comptroller  and  he  or  she shall have certified that the
 increase is financially necessary and supported by  a  comptroller-veri-
 fied financial review of expenses, assets and income.
   4.  Unless  the comptroller with the jurisdiction officially agrees to
 monitor and confirm the validity and  accuracy  of  future  expenses  or
 losses,  owners  and  co-op boards shall not be permitted to continue to
 receive rent/carrying charge increases based on those projections.
   5. Unless a resident's household income confirms that  he  or  she  is
 subject to a surcharge, there shall be no audit surcharges.
   6.  Legal representation and adequate pro se litigant support shall be
 provided by the state of  New  York  for  litigants  in  landlord/tenant
 cases.
   7.  A  comprehensive help desk shall be provided by the supreme courts
 of the state of New York to support pro se litigants.
   8. Judges and court staff with knowledge and experience with the Mitc-
 hell-Lama law and regulations shall oversee  all  Mitchell-Lama  related
 cases.
   § 2. This act shall take effect immediately.