S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6673
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05754-01-5
 S. 6673                             2
              

 
   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
 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
 S. 6673                             3
 
 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-
 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.
 S. 6673                             4
 
   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,
 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.  PROPOSED  PROJECTS.  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;
 S. 6673                             5
 
   (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
 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.