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A06706 Summary:BILL NO A06706
SAME AS Same as S 2171
SPONSOR Bing (MS)
COSPNSR Lopez V, Espaillat, Barron, Lancman, O'Donnell, Jaffee, Benjamin,
Cook, Castro, Spano, Camara, Titone, Wright, Robinson, Jeffries,
Rosenthal
MLTSPNSR Farrell, Glick, Gottfried, Mayersohn, Meng, Scarborough, Titus
Amd SS35, 96 & 123, Priv Hous Fin L
Authorizes the state division of housing and community renewal to study housing
programs for low and middle income families, and provides for a moratorium on
the voluntary dissolution of limited profit, limited dividend and redevelopment
housing companies.
A06706 Actions:BILL NO A06706
03/11/2009 referred to housing
01/06/2010 referred to housing
A06706 Votes:
A06706 Memo:BILL NUMBER:A6706
TITLE OF BILL: An act authorizing the New York state division of hous-
ing and community renewal to study state and locally aided housing
programs and make recommendations for the preservation, modernization,
and increase in the supply of such housing; to amend the private housing
finance law, in relation to providing a moratorium on the voluntary
dissolution of limited profit, limited dividend and redevelopment hous-
ing companies; and providing for the repeal of certain provisions upon
the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: This legislation would establish a
temporary moratorium, expiring at the end of 2010, on the dissolution of
any state or locally aided housing company, without the consent. This
moratorium would enable the NYS Division of Housing and Community
Renewal (DHCR) to complete its work and make recommendations.
SUMMARY OF SPECIFIC PROVISIONS: Sections 2, 3 and 4 requires DHCR to
conduct a study of state and locally funded low and middle income hous-
ing programs. The DHCR is required to report back to the Governor and
the Legislature within one year with its findings, conclusions and
recommendations and propose legislation to implement its recommenda-
tions.
Section 5 amends Section 35 of the private housing finance law by adding
a new subdivision 5 which provides that notwithstanding any provision of
this section, no company shall be voluntarily dissolved without the
consent of the commissioner or supervising agency, as the case may be,
until December 31, 2010.
Section 6 amends Section 96 of the private housing finance law by adding
subdivision 3 which provides that notwithstanding any other provisions
of this section, no company shall be voluntarily dissolved or termi-
nated, without the consent of the commissioner until December 31, 2010.
Section 7 amends Section 96 of the private housing finance law to
provide that notwithstanding any other provision of this section, no
company shall be voluntarily dissolved or terminate without the consent
of the local legislative body until December 31, 2010.
JUSTIFICATION: New York State is in the midst of an affordable housing
crisis, with the unmet need for affordable housing presently greater
than at any time in the state's history. Among other factors fueling the
erosion of our affordable housing stock is the fact that thousands of
Mitchell-Lama and other state and locally aided, limited equity cooper-
ative and rental apartments are facing extinction.
For more than a half a century, New York State and its localities have
invested in the creation of low and middle income housing to benefit
those most in need, as well as to benefit state and local economies.
However, in many cases, such housing has fallen into disrepair or is
being rendered unaffordable due to statutory provisions allowing owners
to dissolve such housing companies without reimbursing the government
for the enhanced value made possible by its contributions.
This legislation would establish a temporary moratorium, expiring at the
end of 2010, on the dissolution of any state or locally aided housing
company, without governmental consent. This moratorium would enable the
DHCR to complete its work and make recommendations to the Legislature.
When the moratorium it establishes expires, New York State will have a
blueprint for the preservation, modernization, and expansion of such
affordable developments now and into the future.
LEGISLATIVE HISTORY:;
New Bill.
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE:; Immediately.
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