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A04698 Summary:

BILL NOA04698
 
SAME ASSAME AS S03499
 
SPONSORSmullen (MS)
 
COSPNSRGiglio JA, Manktelow, Brabenec, Gallahan
 
MLTSPNSRWalsh
 
 
Establishes a rental assistance loan-to-grant program to assist landlords of small rental properties who have lost rental income due to the inability of the landlords' tenants to pay rent during the COVID-19 state disaster emergency; provides for the repeal of such provisions upon the expiration thereof.
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A04698 Actions:

BILL NOA04698
 
02/22/2023referred to housing
01/03/2024referred to housing
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A04698 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4698
 
SPONSOR: Smullen (MS)
  TITLE OF BILL: An act to establish a rental assistance loan-to-grant program to assist landlords of small rental properties who have lost rental income due to the inability of the landlords' tenants to pay rent during the COVID-19 state disaster emergency; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE: This legislation establishes a rental assistance loan-to-grant program to assist landlords due to the COVED-19 pandemic   SUMMARY OF SPECIFIC PROVISIONS: Section 1. 1. (a) States there shall be established in the New York Division of Housing and Community Renewal a rental assistance loan-to- grant program (b) The program shall provide loans to landlords of residential proper- ties containing up to six rental units for the purpose of covering rent arrearages owed by tenants of the building who were unable to pay rent during the COVID-19 state disaster emergency.due to unemployment or medical emergency and accrued during the state disaster emergency declared pursuant to executive order 202 of 2020. If a tenant subse- quently pays the landlord the arrearages in rent, in whole or in part, the landlord shall pay such funds to the program as full or partial repayment of the loan. If a tenant does not pay the landlord the arrear ages in rent, that portion of the loan from the program shall be converted by the Division of Housing and Community Renewal into a grant to the landlord and the landlord shall be held harmless from any obli- gation to repay such portion of the loan, absent any fraud. 2. Illustrates allocated Federal monies, which will be utilized to fund this program. 3. The Commissioner of the New York State Division of Housing and Commu- nity Renewal will promulgate rules and regulations for the implementa- tion and administration of the program. 4. Nothing in this act shall be construed to relieve any tenant of any obligation to pay rent to a landlord pursuant to a valid rental agree- ment or understanding.   JUSTIFICATION: New York State has enacted an eviction ban for tenants living in the state, giving residents fearful of losing their homes during the pandem- ic some relief at least until May of 2021. As laudable as the aim may be, landlords, particularly those who own commercial properties for small business use, and those who rent six or less units continue to operate with little-to-no assistance. This legislation offers a loanto- grant program to those landlords renting six or less units. Under this program, if tenants pay their back rent, the landlords will simply repay the state. If the tenant never pays the rent, then the landlord would be held harmless.   LEGISLATIVE HISTORY: New Bill A6595 of 2021-22: Referred to housing   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately and shall expire on the later of December 31, 2021 or the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason in executive order numbers 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of two thousand twenty, as extended by executive order numbers 202.28 and 202.31 of two thousand twenty and as further extended by any future executive order, issued in response to the COVID-19 pandemic continue to apply anywhere in the state, when upon such date the provisions of this act shall be deemed repealed; provided that the state commissioner of social services shall notify the legisla- tive bill drafting commission upon the date on which none of the provisions that closed or otherwise restricted public or private busi- nesses or places of public accommodation, or required postponement cancellation of all non-essential gatherings of individuals of any size for any reason in executive order numbers 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14 of two thous and twenty, as extended by executive order numbers 202.28 and 202.31 of two thousand twenty and as further extended by any future executive order, issued in response to the COVID-19 pandemic continue to apply anywhere in the state, 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.
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A04698 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4698
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2023
                                       ___________
 
        Introduced  by  M.  of  A. SMULLEN, J. A. GIGLIO, MANKTELOW, BRABENEC --
          Multi-Sponsored by -- M. of A. WALSH -- read once and referred to  the
          Committee on Housing
 
        AN  ACT to establish a rental assistance loan-to-grant program to assist
          landlords of small rental properties who have lost rental  income  due
          to  the  inability  of  the  landlords' tenants to pay rent during the
          COVID-19 state disaster emergency; and providing  for  the  repeal  of
          such provisions upon the expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. 1. (a) There shall be established in the New York  Division
     2  of  Housing  and  Community  Renewal  a  rental assistance loan-to-grant
     3  program ("the program") to assist landlords of small  rental  properties
     4  who  have  lost  rental  income  due  to the inability of the landlord's
     5  tenants to pay rent during the period of  the  COVID-19  state  disaster
     6  emergency  declared pursuant to executive order 202 of 2020. The program
     7  shall be administered by the Commissioner of the New  York  Division  of
     8  Housing and Community Renewal.
     9    (b)  The program shall provide loans to landlords of residential prop-
    10  erties containing up to six rental units for  the  purpose  of  covering
    11  rent  arrearages  owed by tenants of the building who were unable to pay
    12  rent during the COVID-19 state disaster emergency due to unemployment or
    13  medical emergency  and  accrued  during  the  state  disaster  emergency
    14  declared  pursuant  to  executive  order 202 of 2020. If a tenant subse-
    15  quently pays the landlord the arrearages in rent, in whole or  in  part,
    16  the  landlord  shall  pay  such  funds to the program as full or partial
    17  repayment of the loan. If a tenant does not pay the landlord the arrear-
    18  ages in rent, that portion  of  the  loan  from  the  program  shall  be
    19  converted  by the Division of Housing and Community Renewal into a grant
    20  to the landlord and the landlord shall be held harmless from  any  obli-
    21  gation to repay such portion of the loan, absent any fraud.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08448-01-3

        A. 4698                             2
 
     1    2. The program shall be funded with monies from the following sources:
     2    (a) all funds received by the state of New York from the federal Emer-
     3  gency Rental Assistance program;
     4    (b) any funds remaining from monies allocated to the state of New York
     5  from  the federal Coronavirus Aid, Relief, and Economic Security (CARES)
     6  Act of 2020 (P.L. 116-136) for the Emergency Rent Relief  Act  of  2020,
     7  pursuant  to chapter one hundred twenty-five of the laws of two thousand
     8  twenty, such that the sum of such funds actually  expended  pursuant  to
     9  such  chapter  and  that such funds reallocated and expended pursuant to
    10  this article shall equal one hundred million dollars; and
    11    (c) any additional funds allocated by the federal  government  to  the
    12  state  of New York for emergency rental or utility assistance related to
    13  the COVID-19 pandemic.
    14    3. The Commissioner of the New York  State  Division  of  Housing  and
    15  Community  Renewal  will promulgate rules and regulations for the imple-
    16  mentation and administration of the program including, but  not  limited
    17  to:
    18    (i) standards of eligibility for the program;
    19    (ii) application procedures;
    20    (iii) a verification process for eligibility for the program;
    21    (iv)  a  process  for  distribution of program funds to eligible land-
    22  lords;
    23    (v) a verification process for payment by a tenant of rent  arrearages
    24  or of the tenant's failure to do so;
    25    (vi)  time  frames for the processing of applications and the distrib-
    26  ution of funds under the program;
    27    (vii) procedures for and methods of repayment of loans in whole or  in
    28  part by landlords; and
    29    (viii)  procedures  for the conversion of loans to grants, in whole or
    30  in part.
    31    4. Nothing in this act shall be construed to relieve any tenant of any
    32  obligation to pay rent to a landlord pursuant to a valid  rental  agree-
    33  ment or understanding.
    34    §  2.  This  act shall take effect on the ninetieth day after it shall
    35  have become a law and shall expire and be  deemed  repealed  January  1,
    36  2025.
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