S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3006
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 the affordable senior housing and services 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 28 to read as follows:
 
                              ARTICLE XXVIII
                         AFFORDABLE SENIOR HOUSING
                               AND SERVICES
 
 SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1241. DEFINITIONS.
         1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.
   § 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT THERE EXISTS IN THE STATE A SERIOUS SHOR-
 TAGE OF RENTAL HOUSING FOR OLDER PERSONS WHO CHOOSE TO LIVE INDEPENDENT-
 LY, AND WHO MAY BENEFIT FROM MODEST BASIC SERVICES IN  ORDER  TO  REMAIN
 LIVING  INDEPENDENTLY.  PROVIDING  CAPITAL  FUNDING  TO  FACILITATE  THE
 CONSTRUCTION AND REHABILITATION  OF  AFFORDABLE  RENTAL  APARTMENTS  FOR
 OLDER  PERSONS  OVER THE AGE OF SIXTY-TWO, AND PROVIDING SERVICE COORDI-
 NATION FUNDS TO NOT-FOR-PROFIT ORGANIZATIONS, WILL  ALLOW  THOUSANDS  OF
 OLDER  NEW  YORKERS  TO  "AGE-IN-PLACE"  COMFORTABLY IN THEIR COMMUNITY,
 REDUCING THE LIKELIHOOD OF RESIDING IN AN INSTITUTIONAL SETTING.
   § 1241. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06345-01-1
              

 S. 3006                             2
 
   2.  "ELIGIBLE  APPLICANT" SHALL MEAN A PERSON OF LOW INCOME, A HOUSING
 DEVELOPMENT FUND COMPANY INCORPORATED PURSUANT TO ARTICLE ELEVEN OF THIS
 CHAPTER, A NOT-FOR-PROFIT CORPORATION OR CHARITABLE  ORGANIZATION  WHICH
 HAS  AS  ONE  OF  ITS  PRIMARY  PURPOSES  THE IMPROVEMENT OF HOUSING FOR
 PERSONS  OF  LOW INCOME, A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPORATION
 OR ORGANIZATION, A PARTNERSHIP AT LEAST FIFTY PERCENT OF THE CONTROLLING
 INTEREST OF WHICH IS HELD BY SUCH  A  CORPORATION  OR  ORGANIZATION  AND
 WHICH  HAS  AGREED  TO  LIMIT  PROFITS OR RATE OF RETURN OF INVESTORS IN
 ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION  OR
 A  PRIVATE DEVELOPER WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF RETURN
 OF INVESTORS IN ACCORDANCE WITH A FORMULA ESTABLISHED OR APPROVED BY THE
 CORPORATION, A CITY, TOWN, VILLAGE OR COUNTY,  PROVIDED,  HOWEVER,  THAT
 THE  COUNTY  IS ONLY ACTING AS AN ADMINISTRATOR OF A PROGRAM UNDER WHICH
 PROJECTS ARE REHABILITATED OR CONSTRUCTED OR  NONRESIDENTIAL  PROPERTIES
 ARE  CONVERTED  BY  OTHER  ELIGIBLE  APPLICANTS,  OR A MUNICIPAL HOUSING
 AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW, PROVIDED, HOWEVER,
 THAT ANY REAL PROPERTY OF SUCH HOUSING AUTHORITY  TO  BE  REHABILITATED,
 CONSTRUCTED OR CONVERTED UNDER THIS ARTICLE SHALL NOT HAVE BEEN FINANCED
 PURSUANT  TO THE PROVISIONS OF THE PUBLIC HOUSING LAW AND SHALL NOT HAVE
 BEEN OWNED BY SUCH AUTHORITY  PRIOR  TO  JULY  FIRST,  NINETEEN  HUNDRED
 EIGHTY-SIX,  AND  PROVIDED, FURTHER, HOWEVER, THAT PERSONS OF LOW INCOME
 SHALL NOT BE DIRECT RECIPIENTS OF PAYMENTS, GRANTS  OR  LOANS  FROM  THE
 CORPORATION  UNDER  THIS ARTICLE BUT MAY RECEIVE SUCH FUNDS FROM ANOTHER
 ELIGIBLE APPLICANT.
   3. "AFFORDABLE SENIOR HOUSING PROPERTY" SHALL MEAN AN APARTMENT BUILD-
 ING OR COMPLEX OCCUPIED BY INDIVIDUALS OVER SIXTY-TWO YEARS OF AGE,  WHO
 LIVE  INDEPENDENTLY  AND  AT  LEAST  EIGHTY PERCENT OF WHOM HAVE A TOTAL
 HOUSEHOLD INCOME THAT DOES NOT EXCEED EIGHTY PERCENT OF THE AREA  MEDIAN
 INCOME,  AND  WHICH  APARTMENT  BUILDING  OR  COMPLEX  IS  NOT OTHERWISE
 REQUIRED 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.
   4. "HEALTHY AGING SERVICES" SHALL MEAN AN ARRAY OF  OPTIONAL  SERVICES
 OFFERED TO RESIDENTS OF AN AFFORDABLE INDEPENDENT SENIOR HOUSING PROPER-
 TY  ON  A  VOLUNTARY PARTICIPATION BASIS THAT HELP PROMOTE HEALTHY AGING
 WHICH MAY INCLUDE, BUT NOT BE LIMITED TO:  ESTABLISHING AND  MAINTAINING
 NETWORKING  RELATIONSHIPS  WITH  COMMUNITY-BASED  SERVICES AND ORGANIZA-
 TIONS; PROVIDING RESIDENTS  WITH  INFORMATION  AND  REFERRAL  LISTS  FOR
 COMMUNITY  SERVICES  AND  ASSISTING  THEM WITH FOLLOW-UPS; ARRANGING FOR
 EDUCATIONAL AND SOCIALIZATION PROGRAMS FOR RESIDENTS; HELPING  RESIDENTS
 ARRANGE  FOR  HOUSEKEEPING,  SHOPPING,  TRANSPORTATION, MEALS-ON-WHEELS,
 COOKING AND LAUNDRY SERVICES;  ESTABLISHING  RESIDENT  SAFETY  PROGRAMS;
 ASSISTING  RESIDENTS  TO  APPLY  FOR GOVERNMENT BENEFITS; ADVOCATING FOR
 RESIDENTS; OFFERING  OPPORTUNITIES  FOR  EXERCISE;  EDUCATING  RESIDENTS
 ABOUT  HEALTHY DIET; AND OTHER SERVICES DESIGNED TO ADDRESS THE NEEDS OF
 OLDER ADULTS RESIDING IN  SENIOR  HOUSING  FACILITIES  BY  HELPING  THEM
 EXTEND  THEIR  INDEPENDENCE,  IMPROVE  THEIR  QUALITY OF LIFE, AND AVOID
 UNNECESSARY HOSPITAL AND NURSING HOME USE.
   § 1242. AFFORDABLE SENIOR HOUSING AND SERVICES PROGRAM.  1. ESTABLISH-
 MENT. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE  THEREFOR,  THE
 CORPORATION  SHALL  DEVELOP  AND ADMINISTER AN AFFORDABLE SENIOR HOUSING
 AND SERVICES PROGRAM WHICH SHALL  PROVIDE  ASSISTANCE  IN  THE  FORM  OF
 PAYMENTS,  GRANTS AND LOANS FOR REASONABLE AND NECESSARY EXPENSES, TO AN
 ELIGIBLE APPLICANT FOR THE  CREATION,  PRESERVATION  OR  IMPROVEMENT  OF
 AFFORDABLE  SENIOR  HOUSING  PROPERTIES, PROVIDED THAT SUCH HOUSING ALSO

 S. 3006                             3
 
 PROVIDES ACCESS TO HEALTHY AGING SERVICES ON A VOLUNTARY BASIS  FOR  ALL
 RESIDENTS OF THE AFFORDABLE SENIOR HOUSING PROPERTY.
   2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
 RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
 PURSUANT  TO  THIS  SECTION  WHICH  SHALL  INCLUDE:  ELIGIBILITY, MARKET
 DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
 PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
 ING, BUDGETING AND RECORDKEEPING REQUIREMENTS; PROVISIONS FOR  MODIFICA-
 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
 ENT  WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE CORPORATION
 SHALL DEEM NECESSARY OR APPROPRIATE.
   3. FUND 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 SUBDIVI-
 SION 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.
   4.  PROOF  OF  AVAILABLE  SERVICES. APPLICANTS SHALL DEMONSTRATE PROOF
 THAT HEALTHY AGING SERVICES SHALL BE MADE AVAILABLE TO ALL RESIDENTS  OF
 THE  PROPERTY WITHIN THIRTY DAYS OF INITIAL OCCUPANCY. THERE SHALL BE NO
 REQUIREMENT THAT RESIDENTS TAKE PART  IN  SUCH  SERVICES.  THE  PROPERTY
 OWNER  OR  HIS  OR HER AGENT SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH
 SERVICES ARE AVAILABLE AND THAT RESIDENTS ARE MADE AWARE OF  THE  AVAIL-
 ABILITY  OF  SUCH SERVICES.   IF THE OWNER OF THE PROPERTY OR HIS OR HER
 AGENT ALSO PROVIDES SERVICES SUCH AS HOME CARE, THE OWNER OR HIS OR  HER
 AGENT  SHALL  NOT REQUIRE THAT ANY RESIDENT OF THE PROPERTY USE SERVICES
 PROVIDED AND SHALL PROACTIVELY PROVIDE INFORMATION  TO  RESIDENTS  ABOUT
 THE  AVAILABILITY  OF  OTHER COMPANIES OR ORGANIZATIONS IN THE COMMUNITY
 THAT PROVIDE THE SAME OR SIMILAR SERVICES.
   5. SERVICES FUNDING THROUGH THE OFFICE FOR THE AGING. THE  CORPORATION
 SHALL  SUBALLOCATE A PORTION OF THE AMOUNT APPROPRIATED FOR THE AFFORDA-
 BLE SENIOR HOUSING AND SERVICES PROGRAM TO  THE  OFFICE  FOR  THE  AGING
 WHICH  SHALL  PROVIDE  GRANTS  ON A COMPETITIVE BASIS FOR NOT-FOR-PROFIT
 ORGANIZATIONS TO PROVIDE  HEALTHY  AGING  SERVICES.  SUCH  OFFICE  SHALL
 DEVELOP  REGULATIONS  THAT WILL ENSURE THAT FUNDS ARE PROVIDED TO ORGAN-
 IZATIONS THAT DEVELOP AND OPERATE AFFORDABLE SENIOR HOUSING  PROPERTIES,
 AS  DEFINED  IN  THIS  ARTICLE.  THE  OFFICE FOR THE AGING SHALL PROVIDE
 GRANTS TO ORGANIZATIONS THAT HAVE DEMONSTRATED EXPERIENCE  WORKING  WITH
 PERSONS ELIGIBLE FOR THE PROGRAM FOR AT LEAST THREE YEARS.
   6.  ANNUAL REPORT. THE CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEM-
 BER THIRTY-FIRST, SUBMIT A REPORT TO THE LEGISLATURE ON THE  IMPLEMENTA-
 TION  OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 FOR EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE:  A  DESCRIPTION  OF
 SUCH  AWARD;  CONTRACT  AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV-
 ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; AND SUCH OTHER
 INFORMATION AS THE CORPORATION DEEMS PERTINENT.
   § 2. This act shall take effect immediately.