S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9462
 
                             I N  S E N A T E
 
                               May 30, 2022
                                ___________
 
 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 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 twenty-five members: (a) the chief housing
 officer of the city of New York, or their designee; (b) eight members to
 be appointed by the governor including (i) the commissioner of the divi-
 sion of housing and community  renewal,  or  their  designee,  (ii)  the
 commissioner  of  the  office of temporary and disability assistance, or
 their designee, (iii) the superintendent of the department of  financial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15953-06-2
 S. 9462                             2
 
 services, or their designee, and (iv) five members with experience work-
 ing  with  issues related to affordable housing; (c) eight members to be
 appointed by the temporary president  of  the  senate  including  (i)  a
 tenants'  rights advocate with experience in providing legal services to
 tenants, (ii) a  representative  of  building  service  or  construction
 trades,  (iii)  a real estate trade association representative, (iv) one
 member of the New York state senate, and (v) four members  with  experi-
 ence  working  with  issues  related  to  affordable  housing; (d) eight
 members to be appointed by the speaker of the assembly including  (i)  a
 tenants'  rights advocate with experience in providing legal services to
 tenants, (ii) a  representative  of  building  service  or  construction
 trades,  (iii)  a real estate trade association representative, (iv) one
 member of the New York state assembly, and (v) four members with experi-
 ence working with issues related to affordable housing.
   2.  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.
   3.  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.
   4.  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.
   5. 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.
   6.   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.
   7.  Appointments  to the commission shall be made no later than thirty
 days after the effective date of this act.
 S. 9462                             3
 
   8. 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.
   9. 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
 area  median  income,  adjusted for the size of the household, as deter-
 mined by the United States department of housing and urban development.
 S. 9462                             4
 
   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;
   (j) evaluate and make recommendations to  the  legislature  on  zoning
 laws  and rules and land use restrictions, housing density and accessory
 S. 9462                             5
 
 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 three  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.