S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9672
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the public housing law, in relation  to  the  conversion
   and transfer of real property in public housing developments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative Findings. The legislature  finds  and  declares
 that  supplemental protections, enhanced resident engagement, and trans-
 parency in reporting are crucial for the stability and welfare of public
 housing residents during conversions  of  public  housing  projects,  as
 authorities  seek  to use private public partnerships to renovate, reha-
 bilitate, rebuild, and take measures to preserve public housing develop-
 ments.
   § 2. The public housing law is amended by adding a new section  62  to
 read as follows:
   §  62. SUPPLEMENTAL TENANT RIGHTS AND PROTECTIONS. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONVERSION" SHALL INCLUDE ACTS BY AN AUTHORITY TO DISPOSE, TRANS-
 FER, CONVEY, SUBLEASE, LEASE, OR MORTGAGE REAL PROPERTY, OR A  LEASEHOLD
 INTEREST  IN REAL PROPERTY, IN A PUBLIC HOUSING DEVELOPMENT OR ANCILLARY
 PROPERTY OWNED BY SUCH PUBLIC HOUSING AGENCY, IN ACCORDANCE WITH THE RAD
 PROGRAM, SECTION EIGHTEEN OF THE FEDERAL HOUSING ACT OF 1937 (42  U.S.C.
 §  1427P), OR SIMILAR PLAN APPROVED BY THE FEDERAL DEPARTMENT OF HOUSING
 AND URBAN DEVELOPMENT.
   (B) "MANAGEMENT AGENT" SHALL MEAN THE  ENTITY  BEING  CONTRACTED  WITH
 THROUGH  A  MANAGEMENT AGREEMENT OR SIMILAR CONTRACT FOR THE MAINTENANCE
 OF A PROPERTY FOLLOWING A CONVERSION;
   (C) "RAD PROGRAM"  SHALL  MEAN  THE  RENTAL  ASSISTANCE  DEMONSTRATION
 PROGRAM PURSUANT TO 42 U.S.C. § 1437F.
   2.  UPON  THE  PROVISION  TO  TENANTS  OF NOTICE THAT A PUBLIC HOUSING
 DEVELOPMENT IS UNDER CONSIDERATION FOR  THE  RAD  PROGRAM,  AS  REQUIRED
 PURSUANT TO SUCH PROGRAM, AN AUTHORITY SHALL:
   (A)  PROVIDE  NOTICE  TO TENANTS, TENANT ASSOCIATIONS, AS DESCRIBED BY
 PART NINE HUNDRED SIXTY-FOUR OF TITLE TWENTY-FOUR OF THE CODE OF FEDERAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14746-01-4
 A. 9672                             2
 
 REGULATIONS, AND  ANY  GROUP,  COMMITTEE,  AND  ANY  OTHER  ORGANIZATION
 COMPRISED  OF  TENANTS  THAT  CONDUCTS  MEETINGS  AUTHORIZED PURSUANT TO
 SECTION TWO HUNDRED THIRTY OF THE REAL PROPERTY LAW THAT THE DEVELOPMENT
 IS UNDER CONSIDERATION FOR A CONVERSION;
   (B) DISTRIBUTE RAD HANDBOOKS, AS DESCRIBED BY SUBDIVISION FIVE OF THIS
 SECTION,  TO  RESIDENTS BETWEEN THE TIME THE AUTHORITY GIVES NOTICE THAT
 THE DEVELOPMENT IS UNDER CONSIDERATION  FOR  A  CONVERSION  PURSUANT  TO
 PARAGRAPH (A) OF THIS SUBDIVISION AND THE FIRST MEETING CONDUCTED PURSU-
 ANT TO RAD PROGRAM NOTICE REQUIREMENTS; AND
   (C) WITH THE CONSULTATION OF THE TENANT ASSOCIATION AT THE DEVELOPMENT
 WHERE  THE  CONVERSION  IS  BEING CONSIDERED, OR, WHERE THERE IS NO SUCH
 EXISTING ORGANIZATION, WITH THE APPROVAL OF THE COMMISSIONER, CREATE AND
 IMPLEMENT AN ENGAGEMENT PLAN THAT LASTS NO LESS THAN  A  PERIOD  OF  ONE
 HUNDRED  DAYS  TO  PROVIDE  TENANTS  WITH  INFORMATION  RELATING  TO THE
 PROPOSED CONVERSION, INCLUDING BUT NOT LIMITED TO THE DIFFERENCE BETWEEN
 SECTION  NINE  AND  SECTION  EIGHT  HOUSING,  THE  TENANT   RIGHTS   AND
 PROTECTIONS,  THE  PROCESS WHICH PRECEDES THE CONVERSION, AND THE VOTING
 PROCESS FOR SUCH CONVERSION.
   3. (A) NO DEVELOPMENT MAY BE CONVERTED UNLESS:
   (I) A VOTING PROCESS IS CARRIED OUT  IN  COMPLIANCE  WITH  SUBDIVISION
 FOUR  OF  THIS  SECTION  AND  MORE  VOTERS VOTE IN FAVOR OF THE PROPOSED
 CONVERSION THAN AGAINST SUCH CONVERSION; AND
   (II) AT LEAST TWENTY-FIVE PERCENT OF ELIGIBLE VOTERS VOTE IN FAVOR  OF
 THE CONVERSION.
   (B) AN AUTHORITY SHALL CONTRACT WITH A COMPANY, LOCAL OR STATE GOVERN-
 MENT  REPRESENTATIVE  OR  AGENCY,  OR  ENTITY  OR  PERSON SELECTED BY OR
 CONTRACTED WITH THE COMMISSIONER TO CARRY OUT THE COUNTING  OF  BALLOTS,
 CERTIFICATION OF THE VOTE, AND AUDIT OF THE PROCESS, WHICH SHALL PROVIDE
 A  PROCESS  FOR TENANTS, TENANT ASSOCIATIONS, AND THE PUBLIC TO REGISTER
 COMPLAINTS ABOUT THE PROCESS AND  ALLEGATIONS  OF  IMPROPRIETY  OR  VOTE
 INACCURACIES. SUCH COMPLAINTS SHALL BE CONSIDERED AND RESPONDED TO WITH-
 IN SEVENTY-TWO HOURS OF THE END OF THE VOTING PERIOD.
   4. (A) IN NO LESS THAN THIRTY DAYS PRIOR TO PROVIDING TO RESIDENTS THE
 NOTICE  REQUIRED  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
 SECTION THAT A PUBLIC HOUSING DEVELOPMENT IS UNDER CONSIDERATION  FOR  A
 CONVERSION,  AN  AUTHORITY SHALL PUBLISH VOTING RULES AND THE PROCESS BY
 WHICH TENANTS CAN VOTE REGARDING THE PROPOSED CONVERSION. SUCH  INFORMA-
 TION SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I)  ELIGIBILITY  TO  VOTE,  INCLUDING A RIGHT TO VOTE FOR ALL TENANTS
 AGED EIGHTEEN AND OVER;
   (II) THE DATE AND TIME OF THE BEGINNING AND END OF THE VOTING  PERIOD,
 WHICH  SHALL BE NO LESS THAN THIRTY DAYS IN LENGTH, AND INSTRUCTIONS FOR
 CASTING OF A BALLOT DURING SUCH VOTING PERIOD VIA  AN  IN-PERSON  BALLOT
 BOX,  A  BY-MAIL OPTION WITH HOW TO ACCESS A MAILABLE BALLOT AND PRE-AD-
 DRESSED ENVELOPE, AND AN ONLINE OPTION; AND
   (III) AVAILABLE  MATERIALS  AND  SOURCES  TO  LEARN  ABOUT  CONVERSION
 PROGRAMS  AND  HOW  TO  VOTE,  WHERE  THOSE MATERIALS AND SOURCES CAN BE
 ACCESSED, AND HOW  TO  ACCESS  LANGUAGE  TRANSLATION  AND  ACCESSIBILITY
 SERVICES,  WHICH  SHALL INCLUDE WRITTEN TRANSLATION FOR MATERIALS, DOCU-
 MENTS, THE BALLOT AND WEBPAGES AND ORAL  TRANSLATION  IN  ALL  LANGUAGES
 THAT A SIGNIFICANT PORTION OF RESIDENTS OF THE DEVELOPMENT UNDER CONSID-
 ERATION FOR CONVERSION SPEAK AND SIGN LANGUAGE INTERPRETATION.
   (B) AN AUTHORITY SHALL CONDUCT NO LESS THAN SIX MEETINGS, AT LEAST TWO
 OF WHICH SHALL BE HELD VIRTUALLY AND AT LEAST TWO OF WHICH SHALL BE HELD
 IN  PERSON  AT AN ACCESSIBLE LOCATION FOR TENANTS, AT WHICH THE INFORMA-
 A. 9672                             3
 
 TION REQUIRED PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  BE
 PROVIDED TO TENANTS.
   5.  THE  COMMISSIONER  SHALL  CREATE, CONTRACT FOR THE CREATION OF, OR
 SELECT AN EXISTING DOCUMENT TO SERVE AS A RAD  HANDBOOK.  SUCH  HANDBOOK
 SHALL  INCLUDE  BUT NOT BE LIMITED TO A BRIEF DESCRIPTION OF THE DIFFER-
 ENCE BETWEEN SECTION NINE AND SECTION EIGHT HOUSING, AS THEY RELATE TO A
 PROPOSED CONVERSION, THE RIGHTS  AND  PROTECTIONS  AFFORDED  TENANTS  IN
 CONVERTED PROPERTIES, INCLUDING THE SUPPLEMENTAL PROTECTIONS PROVIDED BY
 THIS SECTION, A FAIR AND OBJECTIVE REVIEW OF RISKS INVOLVED IN REMAINING
 IN  SECTION NINE HOUSING AND CONVERTING TO SECTION EIGHT HOUSING, DISPO-
 SITIONS AND DEMOLITIONS UNDER SECTION EIGHTEEN OF  THE  FEDERAL  HOUSING
 ACT  OF 1937 (42 U.S.C. § 1427P) AND THE RAD PROGRAM, AND OTHER RELEVANT
 FACTS AND INFORMATION, AS DETERMINED BY THE COMMISSIONER. THE RAD  HAND-
 BOOK SHOULD BE UPDATED UPON THE OCCURRENCE OF RELEVANT CHANGES TO FEDER-
 AL REGULATION, CODE, STATE LAW, AND/OR ADMINISTRATIVE AND INDUSTRY PRAC-
 TICE.
   6.  AN  AUTHORITY  SHALL  INCLUDE  IN ANY CONTRACT OR AGREEMENT WITH A
 MANAGING AGENT THAT SUCH MANAGING AGENT SHALL, FOR THE DURATION  OF  THE
 AGREEMENT AND ANY SUBSEQUENT AGREEMENT AS MANAGING AGENT:
   (A)  INVITE  TENANT  ASSOCIATIONS,  AS  DESCRIBED BY PART NINE HUNDRED
 SIXTY-FOUR OF TITLE TWENTY-FOUR OF THE CODE OF FEDERAL REGULATIONS,  AND
 ANY  GROUP,  COMMITTEE,  AND ANY OTHER ORGANIZATION COMPRISED OF TENANTS
 THAT CONDUCTS MEETINGS AUTHORIZED PURSUANT TO SECTION TWO HUNDRED THIRTY
 OF THE REAL PROPERTY LAW TO ALL MEETINGS HELD BY  SUCH  MANAGING  AGENTS
 RELATING TO TENANTS;
   (B)  MEET  REGULARLY  WITH  TENANT  ASSOCIATIONS  TO  DISCUSS EMERGING
 PROPERTY-WIDE ISSUES, PARTICULARLY DURING THE CONSTRUCTION AND REHABILI-
 TATION PROCESS. MANAGING AGENTS SHOULD CONSULT THE  TENANT  ASSOCIATIONS
 IN SCHEDULING SUCH MEETINGS AND THE FREQUENCY OF SUCH MEETINGS. IF THERE
 IS NO TENANT ASSOCIATION AT A DEVELOPMENT, THE MANAGING AGENT SHALL MEET
 WITH  TENANTS AND INFORM THEM OF THE RIGHT TO FORM A TENANT ASSOCIATION,
 THE FEDERAL REQUIREMENTS FOR MANAGING AGENTS TO  PROVIDE  NO  LESS  THAN
 TWENTY-FIVE  DOLLARS  PER  UNIT PER YEAR FOR TENANT PARTICIPATION ACTIV-
 ITIES, WHICH MAY INCLUDE EDUCATION, ORGANIZING AROUND  RESIDENT  ISSUES,
 AND  TRAININGS,  AND  NO LESS THAN FIFTEEN DOLLARS PER UNIT PER YEAR FOR
 TENANT ORGANIZATION-ELIGIBLE ACTIVITIES, AND OTHER RELEVANT INFORMATION;
   (C) ADHERE TO A SET OF PROCEDURES  FOR  TENANT  GRIEVANCES  AND  LEASE
 TERMINATION  PROCEEDINGS  THAT  WILL  TAKE  EFFECT UPON CONVERSION. SUCH
 PROCEDURES SHALL BE UNIFORM FOR EACH CONVERTED DEVELOPMENT AND SHALL  BE
 IMPLEMENTED  BY  EACH MANAGING AGENT. EVERY MANAGING AGENT SHALL PROVIDE
 ONGOING ORIENTATIONS REGARDING THE DETAILS AND PROCEDURES FOR TENANTS TO
 SIGN NEW LEASES;
   (D) EXPLICITLY NOTIFY RESIDENTS OF THEIR RIGHTS TO ELIGIBILITY  DETER-
 MINATION  AND SUCCESSION AND HOW THESE DIFFER FROM TYPICAL SECTION EIGHT
 ELIGIBILITY AND SUCCESSION RIGHTS, INCLUDING RIGHTS RESULTING  FROM  THE
 DEFINITION OF FAMILY PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION; AND
   (E)  NOTWITHSTANDING  ANY  PROVISIONS  OF  LAW  TO THE CONTRARY, ALLOW
 TENANTS OF CONVERTED DEVELOPMENTS TO ENGAGE IN PROFIT-MAKING  BUSINESSES
 WITHIN THEIR UNITS.
   7.  (A)  FOR  THE  PURPOSES  OF  DETERMINING ELIGIBILITY AND HOUSEHOLD
 COMPOSITION  FOR  PUBLIC  HOUSING  OCCUPANCY  AND  CONTINUED  OCCUPANCY,
 AUTHORITIES SHALL DEFINE A "FAMILY" AS:
   (I) A SINGLE PERSON, WHO MAY BE AN ELDERLY, DISPLACED, OR NEAR-ELDERLY
 PERSON, OR ANY OTHER SINGLE PERSON;
   (II) AN OTHERWISE ELIGIBLE YOUTH WHO IS AT LEAST EIGHTEEN YEARS OF AGE
 BUT NOT MORE THAN TWENTY-FOUR YEARS OF AGE AND WHO HAS LEFT FOSTER CARE,
 A. 9672                             4
 
 OR WILL LEAVE FOSTER CARE WITHIN NINETY DAYS, IN ACCORDANCE WITH A TRAN-
 SITION PLAN DESCRIBED IN SECTION 475(5)(H) OF THE FEDERAL SOCIAL SECURI-
 TY  ACT (42 U.S.C. § 675(5)(H)), OR WHO IS AT LEAST SIXTEEN YEARS OF AGE
 AND IS HOMELESS OR AT RISK OF BECOMING HOMELESS; OR
   (III)  A  GROUP OF PERSONS RESIDING TOGETHER THAT INCLUDES, BUT IS NOT
 LIMITED TO, A FAMILY WITH OR WITHOUT CHILDREN,  INCLUDING  CHILDREN  WHO
 ARE  TEMPORARILY AWAY FROM THE HOME BECAUSE OF PLACEMENT IN FOSTER CARE,
 AN ELDERLY FAMILY, A NEAR-ELDERLY FAMILY, A  FAMILY  WITH  ONE  OR  MORE
 PERSONS WITH DISABILITIES, A DISPLACED FAMILY, THE REMAINING MEMBER OF A
 TENANT FAMILY, OR A GROUP OF INDIVIDUALS WHO WOULD OTHERWISE BE ELIGIBLE
 TO RESIDE IN PUBLIC HOUSING WHO RESIDE TOGETHER.
   (B)  THE DEFINITION OF FAMILY PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION MAY NOT BE RESTRICTED TO KIN, DESCENDANTS, MARITAL RELATIONS,  OR
 RELATIVES.
   §  3.  Section 38 of the public housing law, as amended by chapter 260
 of the laws of 1945, is amended to read as follows:
   § 38. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "CONVERSION" SHALL INCLUDE ACTS BY AN AUTHORITY TO DISPOSE, TRANS-
 FER,  CONVEY, SUBLEASE, LEASE, OR MORTGAGE REAL PROPERTY, OR A LEASEHOLD
 INTEREST IN REAL PROPERTY, IN A PUBLIC HOUSING DEVELOPMENT OR  ANCILLARY
 PROPERTY OWNED BY SUCH PUBLIC HOUSING AGENCY, IN ACCORDANCE WITH THE RAD
 PROGRAM,  SECTION EIGHTEEN OF THE FEDERAL HOUSING ACT OF 1937 (42 U.S.C.
 § 1427P), OR SIMILAR PLAN APPROVED BY THE FEDERAL DEPARTMENT OF  HOUSING
 AND URBAN DEVELOPMENT.
   (B)  "MANAGEMENT  AGENT"  SHALL  MEAN THE ENTITY BEING CONTRACTED WITH
 THROUGH A MANAGEMENT AGREEMENT OR SIMILAR CONTRACT FOR  THE  MAINTENANCE
 OF A PROPERTY FOLLOWING A CONVERSION.
   (C)  "RAD  PROGRAM"  SHALL  MEAN  THE  RENTAL ASSISTANCE DEMONSTRATION
 PROGRAM PURSUANT TO 42 U.S.C. § 1437F.
   2. (A) An authority shall file with the commissioner a  copy  of  each
 proposed  project  embodying  the  plans,  layout,  estimated  costs and
 proposed method of financing.  Any change made in the project  shall  be
 filed with the commissioner by the authority. With reasonable promptness
 after  each  project  shall  have  been completed, and from time to time
 prior to completion upon request of the commissioner, an authority shall
 file with the commissioner a detailed statement of the cost thereof.
   (B) Upon receipt of a copy of a proposed  state  project,  or  of  any
 proposed change therein, the commissioner may transmit [his] THEIR crit-
 icisms  and  suggestions  with reasonable promptness to the authority or
 the municipality. No change in a state project may be made by an author-
 ity or a municipality without the approval of the commissioner.
   3. (A) WITHIN THIRTY DAYS OF BEING REQUESTED BY THE  COMMISSIONER,  AN
 AUTHORITY SHALL PROVIDE THE COMMISSIONER WITH THE FOLLOWING INFORMATION:
   (I) THE NAME OF SUCH AUTHORITY;
   (II) THE NAME OF THE PUBLIC HOUSING DEVELOPMENT;
   (III) THE TOTAL NUMBER OF UNITS IN SUCH DEVELOPMENT;
   (IV) THE DISTRIBUTION OF UNITS BY BEDROOM COUNT, RACE, INCOME, ELDERLY
 STATUS, AND DISABILITY STATUS;
   (V)  THE  STATUS  OF  A  DEVELOPMENT'S  SUBSIDY, BROKEN DOWN BY UNITS,
 DETAILING THE NUMBER OF UNITS COUNTED AS  SECTION  NINE  HOUSING  ON  AN
 ANNUAL CONTRIBUTIONS CONTRACT WITH THE FEDERAL DEPARTMENT OF HOUSING AND
 URBAN  DEVELOPMENT,  A  PROJECT-BASED  VOUCHER  OR  PROJECT-BASED RENTAL
 ASSISTANCE VIA CONVERSIONS OR OTHER CONDITIONS  SUCH  AS  VACANCY,  BOTH
 FUNDED  AND  UNFUNDED,  AND/OR UNDER OTHER FEDERAL DEPARTMENT OF HOUSING
 A. 9672                             5
 
 AND URBAN DEVELOPMENT PROGRAMS OUTSIDE OF THOSE  THAT  RESULT  FROM  RAD
 PROGRAM CONVERSIONS;
   (VI)  THE APPLICATION DATE OF ANY PROPOSED CONVERSION, DISPOSITION, OR
 DEMOLITION TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT;
   (VII) THE APPROVAL DATE OF ANY PROPOSED  CONVERSION,  DISPOSITION,  OR
 DEMOLITION  BY  THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
 AND DATE OF APPROVAL OF SUCH PROJECT BY THE COMMISSIONER;
   (VIII) A SUMMARY OF THE CRITERIA USED TO JUSTIFY ANY SECTION EIGHT  OR
 RAD  PROGRAM DEMOLITION APPLICATION TO THE FEDERAL DEPARTMENT OF HOUSING
 AND URBAN DEVELOPMENT;
   (IX) INFORMATION ON THE  RELOCATION  OF  AFFECTED  RESIDENTS  AND  THE
 AMOUNT  OF  PERSONS  DISPLACED  BY  A PROJECT, CONVERSION, OR DEMOLITION
 APPROVED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND
   (X) DETAILS REGARDING THE  COST  TEST  CONDUCTED,  IF  APPLICABLE,  AS
 REQUIRED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   (B) BY DECEMBER THIRTIETH OF EACH YEAR, THE COMMISSIONER SHALL POST ON
 A  PUBLIC  WEBPAGE THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND OTHER RELEVANT INFORMATION REGARDING  PROJECTS  AND
 CONVERSION AND ANY SECTION EIGHTEEN DISPOSITIONS OR DEMOLITIONS APPROVED
 BY  THE  FEDERAL  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AS DETER-
 MINED BY THE COMMISSIONER.
   (C) THE COMMISSIONER SHALL  MAINTAIN  A  CENTRALIZED  ONLINE  DATABASE
 WHERE  THE  INFORMATION  REQUIRED  PURSUANT  TO  THIS SUBDIVISION CAN BE
 ACCESSED.  SUCH INFORMATION SHALL BE LISTED ON SUCH  DATABASE  BASED  ON
 THE YEAR OF THEIR PUBLICATION.
   § 4. This act shall take effect immediately.