S T A T E O F N E W Y O R K
________________________________________________________________________
6593--A
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. REYES, MITAYNES, MAMDANI, JACKSON, BARRON,
PICHARDO, EPSTEIN, KELLES, BARNWELL, HEVESI, L. ROSENTHAL, MEEKS,
DE LA ROSA, OTIS, GONZALEZ-ROJAS, CLARK, CARROLL, FORREST -- read once
and referred to the Committee on Housing -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the private housing finance law and the state finance
law, in relation to enacting the "housing our neighbors with dignity
act"
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 "housing our neighbors with dignity act".
§ 2. The private housing finance law is amended by adding a new arti-
cle 31 to read as follows:
ARTICLE XXXI
HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM
SECTION 1280. LEGISLATIVE FINDINGS AND PURPOSE.
1281. DEFINITIONS.
1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM.
§ 1280. LEGISLATIVE FINDINGS AND PURPOSE. THE STATE OF NEW YORK,
THROUGH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IS EMPOWERED TO
PURCHASE, ACQUIRE, HOLD AND/OR CONVERT OR FINANCE THE PURCHASE, ACQUISI-
TION, HOLDING AND/OR CONVERSION OF DISTRESSED HOTELS AND COMMERCIAL
OFFICE PROPERTIES FOR USE AS AFFORDABLE PERMANENT HOUSING THAT MEETS
STANDARDS ESTABLISHED TO ENSURE SAFETY, HABITABILITY, QUALITY, AND
ACCESS TO SUPPORTIVE SERVICES AS APPROPRIATE, TO BE MADE AVAILABLE TO
LOW-INCOME HOUSEHOLDS AND PEOPLE EXPERIENCING HOMELESSNESS IMMEDIATELY
PRIOR TO ENTERING SUCH HOUSING. THESE PROPERTIES SHALL BE OWNED, OPER-
ATED AND MANAGED BY APPROPRIATE NONPROFIT ORGANIZATIONS, EITHER THROUGH
TRANSFER OF OWNERSHIP OR LONG-TERM NET LEASE BY THE NEW YORK GOVERN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09863-07-1
A. 6593--A 2
MENTAL ENTITY THAT ACQUIRED THE PROPERTY, OR THROUGH THE USE OF GOVERN-
MENT AGENCY FUNDING TO ACQUIRE THE PROPERTY.
THE ACQUIRED PROPERTIES SHALL BE CONVERTED INTO PERMANENTLY AFFORDABLE
HOUSING MODELED AS FINANCIALLY AND OPERATIONALLY DEEMED NECESSARY BY THE
STATE OR APPROPRIATE NONPROFIT ORGANIZATION FOR THE PURPOSES OF CREATING
SUPPORTIVE AND/OR PERMANENTLY AFFORDABLE HOUSING UNITS; PROVIDED THAT
THE HOUSING SHALL REMAIN AFFORDABLE AS DEFINED BY THE TERM AFFORDABLE
HOUSING INCLUDED IN THIS ARTICLE.
§ 1281. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "APPROPRIATE NONPROFIT ORGANIZATION" SHALL MEAN A BONA FIDE NONPRO-
FIT ORGANIZATION THAT:
(A) HAS ONE OF SUCH ORGANIZATION'S PRIMARY PURPOSES:
(I) THE PROVISION OF HOUSING THAT IS AFFORDABLE TO LOW-INCOME FAMI-
LIES; OR
(II) THE PROVISION OF SERVICES OR HOUSING FOR INDIVIDUALS OR FAMILIES
EXPERIENCING HOMELESSNESS; OR
(B) IS OTHERWISE CONSIDERED BY THE STATE AS A SUITABLE HOUSING MANAGE-
MENT ORGANIZATION, BY A VETTING PROCESS DEVELOPED BY THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL.
2. "AFFORDABLE HOUSING" SHALL MEAN HOUSING THAT IS AFFORDABLE TO LOW
AND MODERATE-INCOME HOUSEHOLDS, SUCH THAT THE NEW HOUSING ACHIEVES
INCOME AVERAGING AT OR BELOW FIFTY PERCENT OF THE AREA MEDIAN INCOME,
WITH RESIDENTS' ELIGIBILITY CAPPED AT A MAXIMUM OF EIGHTY PERCENT OF THE
AREA MEDIAN INCOME AT THE START OF THEIR LEASE. APPLICANTS SHALL NOT BE
REJECTED FROM ELIGIBILITY BASED ON CREDIT HISTORIES OR CREDIT SCORES.
3. "DISTRESSED" SHALL MEAN AN ASSET THAT IS FINANCIALLY DISTRESSED OR
FOR SALE, AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL.
4. "EXPERIENCING HOMELESSNESS" SHALL REFER TO THOSE INDIVIDUALS RESID-
ING IN SHELTERS, TRANSITIONAL HOUSING, PUBLIC SPACES, AND OTHER TYPES OF
EMERGENCY HOUSING.
5. "RENT STABILIZED" SHALL MEAN COLLECTIVELY, THE RENT STABILIZATION
LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN
EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-ONE THAT ADDED THIS SUBDIVISION OR AS AMENDED THEREAFTER,
TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
TIALLY THE SAME SUBJECT MATTER.
§ 1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM. 1. ESTABLISHMENT.
THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, SHALL DEVELOP A HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM
(HEREINAFTER REFERRED TO AS "THE PROGRAM"), WHICH SHALL PROVIDE A MECH-
ANISM FOR THE STATE TO PURCHASE, ACQUIRE AND HOLD DISTRESSED HOTELS
AND/OR COMMERCIAL OFFICE PROPERTIES OR FINANCE APPROPRIATE NONPROFIT
ORGANIZATIONS TO ACQUIRE SUCH PROPERTIES FOR THE PURPOSE OF MAINTAINING
OR INCREASING AFFORDABLE HOUSING. SUCH PROGRAM SHALL ACTIVELY ACQUIRE
SUCH PROPERTIES FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE; PROVIDED,
HOWEVER, THAT ALL AFFORDABLE HOUSING PROPERTIES PRODUCED THROUGH THIS
PROGRAM SHALL REMAIN PERMANENTLY AFFORDABLE, PURSUANT TO THIS ARTICLE.
PERMANENT AFFORDABILITY RESTRICTIONS REQUIRE AT LEAST ONE OF THE FOLLOW-
ING: (A) A NINETY-NINE-YEAR RENEWABLE LAND LEASE BETWEEN THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL OR OTHER GOVERNMENT AGENCY AND THE NONPRO-
FIT MANAGER WITH A REGULATORY AGREEMENT IN PLACE, WHERE SUCH LEASE
INCLUDES AUTOMATIC REVERTER LANGUAGE FOR REGULATORY AGREEMENT
VIOLATIONS, INCLUDING BUT NOT LIMITED TO FAILURE TO MEET THE MINIMUM
A. 6593--A 3
OBLIGATIONS SET FORTH IN THIS ARTICLE; (B) OTHER AFFORDABILITY
RESTRICTIONS IN LAND LEASES OR OTHER RECORDED DOCUMENTS NOT SPECIFICALLY
LISTED IN THIS SUBDIVISION, SO LONG AS THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL OR OTHER GOVERNMENT AGENCY DETERMINES THAT SUCH
RESTRICTIONS ARE ENFORCEABLE AND LIKELY TO BE ENFORCED, INCLUDING BUT
NOT LIMITED TO A REGULATORY AGREEMENT WITH A LOCAL HOUSING AGENCY; OR
(C) A COMMUNITY LAND TRUST LEASE, WHICH IS A NINETY-NINE-YEAR RENEWABLE
LAND LEASE WITH AFFORDABILITY AND OWNER-OCCUPANCY RESTRICTIONS.
2. PURPOSE. THE PURPOSE OF THE HOUSING OUR NEIGHBORS WITH DIGNITY
PROGRAM SHALL BE TO:
(A) ACQUIRE OR FINANCE APPROPRIATE NONPROFIT ORGANIZATIONS TO ACQUIRE
DISTRESSED HOTELS AND/OR COMMERCIAL OFFICE PROPERTIES FOR THE PURPOSE OF
STABILIZING COMMUNITIES AND THE HOUSING MARKET;
(B) CONVERT AND REHABILITATE OR FINANCE APPROPRIATE NONPROFIT ORGAN-
IZATIONS TO CONVERT AND REHABILITATE THE PHYSICAL CONDITION OF ACQUIRED
PROPERTY IN ORDER TO ENHANCE THE CONDITION OF SUCH PROPERTY FOR FUTURE
OCCUPANTS;
(C) TRANSFER ACQUIRED PROPERTY TO APPROPRIATE NONPROFIT ORGANIZATIONS
THAT WILL OPERATE AND MANAGE SUCH PROPERTY TO GUARANTEE AFFORDABLE,
HABITABLE AND ENVIRONMENTALLY SUSTAINABLE HOUSING TO FORMERLY HOMELESS
ASSET-LIMITED, OR LOW AND MODERATE-INCOME INDIVIDUALS AND FAMILIES;
(D) FINANCE THE TRANSFER OF ACQUIRED PROPERTY TO SUCH ORGANIZATIONS;
AND
(E) PROVIDE AN APPROPRIATE AND EXPEDIENT MANNER FOR OWNERS OF SUCH
DISTRESSED PROPERTIES TO TRANSFER OWNERSHIP TO THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL, ANY OTHER GOVERNMENT AGENCY, OR TO AN APPROPRIATE
NONPROFIT ORGANIZATION.
3. POWERS. THE STATE MAY PURCHASE, ACQUIRE, AND HOLD OR FINANCE APPRO-
PRIATE NONPROFIT ORGANIZATIONS TO PURCHASE, ACQUIRE AND HOLD DISTRESSED
HOTEL AND/OR COMMERCIAL OFFICE PROPERTIES IN ANY PART OF THE STATE, AND
MAY TAKE SUCH ACTIONS AS MAY BE NECESSARY TO IDENTIFY AND ACQUIRE SUCH
DISTRESSED PROPERTIES, FOR THE PURPOSE OF MAINTAINING OR INCREASING THE
STOCK OF AFFORDABLE, STABLE, QUALITY HOUSING, AND SUCH ACTION SHALL BE
DEFINED AS AN ACQUISITION FOR PURPOSES OF THIS SUBDIVISION; PROVIDED
THAT IN THE CASE OF A PROPERTY AT WHICH ANY HOTEL WORKERS ARE REPRES-
ENTED BY A COLLECTIVE BARGAINING REPRESENTATIVE, PRIOR TO THE PROPOSED
ACQUISITION, THE COLLECTIVE BARGAINING REPRESENTATIVE SHALL BE NOTIFIED
IN WRITING OF THE PROPOSED ACQUISITION, AND THE PROPERTY OWNER SHALL
CERTIFY PRIOR TO THE STATE INITIATING SUCH ACQUISITION THAT THE COLLEC-
TIVE BARGAINING REPRESENTATIVE HAS MUTUALLY AGREED IN A SEPARATE WRITING
WITH THE PROPERTY OWNER TO TAKE THE SPECIFIC ACQUISITION DESCRIBED IN
THE WRITTEN NOTICE.
4. CONVERTED PROPERTIES. ALL PROPERTIES CONVERTED TO AFFORDABLE HOUS-
ING PURSUANT TO THIS SECTION SHALL MEET THE MINIMUM STANDARDS OF HABITA-
BILITY, SAFETY AND QUALITY OF LIFE FOR ALL ESTABLISHED HOUSING. TENANTS
SHALL PAY NO MORE THAN THIRTY PERCENT OF THEIR INCOME TOWARD RENT. ADDI-
TIONAL OPERATING EXPENSES SHALL BE MET THROUGH ANY COMBINATION OF SUBSI-
DIES, VOUCHERS, COMMERCIAL RENTS, OR OTHER SOURCES OF INCOME AVAILABLE
TO THE HOUSING PROVIDER UNDER THE MODEL THE NON-PROFIT CHOOSES TO
PURSUE. ALL UNITS SHALL BE RENT STABILIZED AS DEFINED IN THIS ARTICLE IN
LOCALITIES THAT HAVE ADOPTED OR OPTED IN TO THE RENT STABILIZATION LAW.
AT LEAST FIFTY PERCENT OF ALL CONVERTED PROPERTIES SHALL BE SET ASIDE
FOR INDIVIDUALS AND FAMILIES WHO WERE EXPERIENCING HOMELESSNESS IMME-
DIATELY PRIOR TO ENTERING SUCH CONVERTED AFFORDABLE HOUSING. EACH UNIT
MUST CONTAIN, AT A MINIMUM, A LIVING/SLEEPING SPACE, PRIVATE BATHROOM
WITH BATH AND/OR SHOWER, AND EITHER A FULL KITCHEN OR A KITCHENETTE WITH
A. 6593--A 4
AT LEAST A 24-INCH REFRIGERATOR, SINK, COOKTOP, MICROWAVE OVEN AND
OUTLETS FOR COUNTERTOP APPLIANCES.
5. RESTRICTIONS. THE STATE SHALL NOT, IN ANY CASE, SELL OR TRANSFER
PROPERTY UNLESS THE STATE HAS:
(A) TAKEN ALL ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE
WITH APPLICABLE BUILDING, SAFETY, HEALTH AND HABITABILITY CODES AND
REQUIREMENTS; OR
(B) ENTERED INTO SUCH AGREEMENTS WITH THE PURCHASER OR TRANSFEREE TO
ENSURE THAT ANY ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE
WITH APPLICABLE BUILDING, SAFETY, HEALTH AND HABITABILITY CODES AND
REQUIREMENTS WILL BE TAKEN BEFORE SUCH PROPERTY IS OCCUPIED.
6. TENANT PROTECTIONS. TENANTS RESIDING IN PROPERTIES CONVERTED TO
AFFORDABLE HOUSING PURSUANT TO THIS SECTION SHALL HAVE FULL TENANCY
RIGHTS, INCLUDING ALL THE TENANT PROTECTIONS PURSUANT TO RENT STABILIZA-
TION AS DEFINED IN THIS ARTICLE. TENANCY IN SUCH AFFORDABLE HOUSING
SHALL NOT BE RESTRICTED ON THE BASIS OF SEXUAL IDENTITY OR ORIENTATION,
GENDER IDENTITY OR EXPRESSION, CONVICTION OR ARREST RECORD, CREDIT
HISTORY, OR IMMIGRATION STATUS.
§ 3. Section 301 of the multiple dwelling law is amended by adding a
new subdivision 7 to read as follows:
7. A. ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A
DWELLING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF UNITS IN
SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL LAW, ORDINANCE,
RESOLUTION OR REGULATION THAT WOULD OTHERWISE PROHIBIT SUCH OCCUPANCY,
REQUIRE A CHANGE OR ALTERATION TO THE DWELLING, OR REQUIRE A NEW OR
AMENDED CERTIFICATE, PROVIDED THAT: (I) SUCH OCCUPANCY FOR PERMANENT
RESIDENCE PURPOSES SHALL BE SUBJECT TO THE APPROVAL OF THE LOCAL HOUSING
AGENCY IN ITS DISCRETION; (II) A PORTION OF SUCH DWELLING SHALL BE
LOCATED WITHIN FOUR HUNDRED FEET OF A DISTRICT THAT UNDER THE LOCAL
ZONING REGULATIONS OR ORDINANCES PERMITS RESIDENTIAL USES AND SUCH
DWELLING SHALL NOT BE LOCATED IN AN INDUSTRIAL BUSINESS ZONE ESTABLISHED
PURSUANT TO CHAPTER SIX-D OF TITLE TWENTY-TWO OF THE ADMINISTRATIVE CODE
OF THE CITY OF NEW YORK; AND (III) SUCH DWELLING SHALL MEET THE CONDI-
TIONS IN PARAGRAPH B OF THIS SUBDIVISION. ALTERATIONS TO THE CONFIGURA-
TION OF ANY SUCH UNITS SHALL BE PERMITTED AND SHALL COMPLY WITH ANY
APPLICABLE REQUIREMENTS OF ANY STATE LAW, LOCAL LAW, ORDINANCE, RESOL-
UTION OR REGULATION RELATING TO CLASS B HOTELS. IF OCCUPANCY FOR PERMA-
NENT RESIDENCE PURPOSES IS AUTHORIZED UNDER THE PROVISIONS OF THIS
SUBDIVISION WITHIN A DISTRICT WHERE THE LOCAL ZONING REGULATIONS OR
ORDINANCES WOULD NOT OTHERWISE PERMIT SUCH USE, THE RESIDENTIAL TENANTS
SHALL BE NOTIFIED OF THE DISTRICT'S ZONING.
B. OCCUPANCY OF UNITS IN A DWELLING SHALL NOT BE AUTHORIZED UNDER THE
PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION UNLESS SUCH UNITS ARE
PURCHASED, ACQUIRED, OR FINANCED: (I) BY THE STATE PURSUANT TO AND IN
COMPLIANCE WITH THE PROVISIONS OF ARTICLE THIRTY-ONE OF THE PRIVATE
HOUSING FINANCE LAW; OR (II) BY A LOCAL HOUSING AGENCY, FOR THE PURPOSE
OF CREATING SUPPORTIVE AND/OR AFFORDABLE HOUSING TO BE OPERATED BY AN
APPROPRIATE NONPROFIT ORGANIZATION PURSUANT TO A REGULATORY AGREEMENT OR
CONTRACT WITH SUCH LOCAL AGENCY FOR LOW-INCOME HOUSEHOLDS OR PEOPLE
EXPERIENCING HOMELESSNESS IMMEDIATELY PRIOR TO ENTERING SUCH HOUSING,
WHERE TENANTS SHALL PAY NO MORE THAN THIRTY PERCENT OF THEIR INCOME
TOWARD RENT AND ALL UNITS ARE RENT STABILIZED AND SUBJECT TO PERMANENT
AFFORDABILITY RESTRICTIONS. FOR PURPOSES OF THIS PARAGRAPH, "APPROPRIATE
NONPROFIT ORGANIZATION," "AFFORDABLE HOUSING," "EXPERIENCING HOMELESS-
NESS," "RENT STABILIZED," AND "PERMANENT AFFORDABILITY RESTRICTIONS"
A. 6593--A 5
SHALL HAVE THE SAME MEANING AS DEFINED IN ARTICLE THIRTY-ONE OF THE
PRIVATE HOUSING FINANCE LAW.
§ 4. The state finance law is amended by adding a new section 99-nn to
read as follows:
§ 99-NN. SOCIAL HOUSING CONVERSION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF HOUSING AND COMMUNITY
RENEWAL AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "SOCIAL
HOUSING CONVERSION FUND".
2. THE SOCIAL HOUSING CONVERSION FUND SHALL CONSIST OF MONETARY
GRANTS, GIFTS, BEQUESTS OR LOAN AUTHORITY RECEIVED BY THE STATE FOR THE
PURPOSES OF THE FUND, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THER-
ETO FROM ANY OTHER FUND OR SOURCE. MONEYS OF SUCH FUND SHALL BE EXPENDED
ONLY TO CARRY OUT THE PROVISIONS OF THE HOUSING OUR NEIGHBORS WITH
DIGNITY PROGRAM PURSUANT TO ARTICLE THIRTY-ONE OF THE PRIVATE HOUSING
FINANCE LAW. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM SOLIC-
ITING AND RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF SUCH
FUND AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
THE COMMISSIONER OF TAXATION AND FINANCE. ANY MONEYS OF THE FUND NOT
REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMP-
TROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE, OR IN OBLI-
GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
STATES OR BY THE STATE. ANY INCOME EARNED BY THE INVESTMENT OF SUCH
MONEYS SHALL BE ADDED TO AND BECOME A PART OF AND SHALL BE USED FOR THE
PURPOSES OF SUCH FUND.
§ 5. Non-severability clause. If any clause, sentence, subdivision,
paragraph, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, and such decision is not reversed
or is otherwise deemed to be final, such judgment shall have the effect
of rendering this act invalid, inoperative and void.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.