Relates to conversions of real property in public housing developments in relation to the RAD program; sets notice requirements for public housing authorities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2208
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public housing law, in relation to the conversion
and transfer of real property in public housing developments
PURPOSE:
This bill will provide tenants in public housing with additional
protections when their development is considered for conversions and
require information on projects and conversions to be made available
online and to the public.
SUMMARY OF SPECIFIC PROVISIONS:
Section one established the legislative findings.
Section two amends the public housing law by adding a new section 62.
Section three amends section 38 of the public housing law.
Section four establishes the effective date.
JUSTIFICATION:
Public housing has been chronically underfunded at all levels of govern-
ment for decades, and as a result, many apartments are in dire need of
repair. Rental Assistance Demonstration (RAD) is a Housing and Urban
Development initiative that allows public housing authorities to raise
additional funds for capital repairs by converting Section 9 subsidies
into Section 8 project-based vouchers. NYCHA tenants whose developments
are being considered for conversion are eligible to vote on the future
management of their building.
However, since the conversion process is often lengthy and technical,
far too many public housing residents are unaware of their rights and
how such a vote will eventually impact their homes. For example, in a
2022 survey conducted by Community Service Society, 39% of NYCHA resi-
dents said they did not have enough information to determine which type
of developmental program they preferred.
This legislation would increase transparency and participation at the
development level by requiring public housing authorities to create and
provide residents with a tenant handbook that clearly outlines their
rights during a RAD/PACT conversion. It would also require public hous-
ing agencies to maintain a publicly accessible database on developments
that are being converted.
LEGISLATIVE HISTORY:
2023-24: A.9672 - Referred to Housing
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2208
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. 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:
1 Section 1. Legislative Findings. The legislature finds and declares
2 that supplemental protections, enhanced resident engagement, and trans-
3 parency in reporting are crucial for the stability and welfare of public
4 housing residents during conversions of public housing projects, as
5 authorities seek to use private public partnerships to renovate, reha-
6 bilitate, rebuild, and take measures to preserve public housing develop-
7 ments.
8 § 2. The public housing law is amended by adding a new section 62 to
9 read as follows:
10 § 62. Supplemental tenant rights and protections. 1. For the purposes
11 of this section, the following terms shall have the following meanings:
12 (a) "Conversion" shall include acts by an authority to dispose, trans-
13 fer, convey, sublease, lease, or mortgage real property, or a leasehold
14 interest in real property, in a public housing development or ancillary
15 property owned by such public housing agency, in accordance with the RAD
16 program, section eighteen of the federal housing act of 1937 (42 U.S.C.
17 § 1427p), or similar plan approved by the federal department of housing
18 and urban development.
19 (b) "Management agent" shall mean the entity being contracted with
20 through a management agreement or similar contract for the maintenance
21 of a property following a conversion;
22 (c) "RAD program" shall mean the rental assistance demonstration
23 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
A. 2208 2
1 2. Upon the provision to tenants of notice that a public housing
2 development is under consideration for the RAD program, as required
3 pursuant to such program, an authority shall:
4 (a) provide notice to tenants, tenant associations, as described by
5 part nine hundred sixty-four of title twenty-four of the code of federal
6 regulations, and any group, committee, and any other organization
7 comprised of tenants that conducts meetings authorized pursuant to
8 section two hundred thirty of the real property law that the development
9 is under consideration for a conversion;
10 (b) distribute RAD handbooks, as described by subdivision five of this
11 section, to residents between the time the authority gives notice that
12 the development is under consideration for a conversion pursuant to
13 paragraph (a) of this subdivision and the first meeting conducted pursu-
14 ant to RAD program notice requirements; and
15 (c) with the consultation of the tenant association at the development
16 where the conversion is being considered, or, where there is no such
17 existing organization, with the approval of the commissioner, create and
18 implement an engagement plan that lasts no less than a period of one
19 hundred days to provide tenants with information relating to the
20 proposed conversion, including but not limited to the difference between
21 section nine and section eight housing, the tenant rights and
22 protections, the process which precedes the conversion, and the voting
23 process for such conversion.
24 3. (a) No development may be converted unless:
25 (i) a voting process is carried out in compliance with subdivision
26 four of this section and more voters vote in favor of the proposed
27 conversion than against such conversion; and
28 (ii) at least twenty-five percent of eligible voters vote in favor of
29 the conversion.
30 (b) An authority shall contract with a company, local or state govern-
31 ment representative or agency, or entity or person selected by or
32 contracted with the commissioner to carry out the counting of ballots,
33 certification of the vote, and audit of the process, which shall provide
34 a process for tenants, tenant associations, and the public to register
35 complaints about the process and allegations of impropriety or vote
36 inaccuracies. Such complaints shall be considered and responded to with-
37 in seventy-two hours of the end of the voting period.
38 4. (a) In no less than thirty days prior to providing to residents the
39 notice required pursuant to paragraph (a) of subdivision two of this
40 section that a public housing development is under consideration for a
41 conversion, an authority shall publish voting rules and the process by
42 which tenants can vote regarding the proposed conversion. Such informa-
43 tion shall include but not be limited to:
44 (i) eligibility to vote, including a right to vote for all tenants
45 aged eighteen and over;
46 (ii) the date and time of the beginning and end of the voting period,
47 which shall be no less than thirty days in length, and instructions for
48 casting of a ballot during such voting period via an in-person ballot
49 box, a by-mail option with how to access a mailable ballot and pre-ad-
50 dressed envelope, and an online option; and
51 (iii) available materials and sources to learn about conversion
52 programs and how to vote, where those materials and sources can be
53 accessed, and how to access language translation and accessibility
54 services, which shall include written translation for materials, docu-
55 ments, the ballot and webpages and oral translation in all languages
A. 2208 3
1 that a significant portion of residents of the development under consid-
2 eration for conversion speak and sign language interpretation.
3 (b) An authority shall conduct no less than six meetings, at least two
4 of which shall be held virtually and at least two of which shall be held
5 in person at an accessible location for tenants, at which the informa-
6 tion required pursuant to paragraph (a) of this subdivision shall be
7 provided to tenants.
8 5. The commissioner shall create, contract for the creation of, or
9 select an existing document to serve as a RAD handbook. Such handbook
10 shall include but not be limited to a brief description of the differ-
11 ence between section nine and section eight housing, as they relate to a
12 proposed conversion, the rights and protections afforded tenants in
13 converted properties, including the supplemental protections provided by
14 this section, a fair and objective review of risks involved in remaining
15 in section nine housing and converting to section eight housing, dispo-
16 sitions and demolitions under section eighteen of the federal housing
17 act of 1937 (42 U.S.C. § 1427p) and the RAD program, and other relevant
18 facts and information, as determined by the commissioner. The RAD hand-
19 book should be updated upon the occurrence of relevant changes to feder-
20 al regulation, code, state law, and/or administrative and industry prac-
21 tice.
22 6. An authority shall include in any contract or agreement with a
23 managing agent that such managing agent shall, for the duration of the
24 agreement and any subsequent agreement as managing agent:
25 (a) invite tenant associations, as described by part nine hundred
26 sixty-four of title twenty-four of the code of federal regulations, and
27 any group, committee, and any other organization comprised of tenants
28 that conducts meetings authorized pursuant to section two hundred thirty
29 of the real property law to all meetings held by such managing agents
30 relating to tenants;
31 (b) meet regularly with tenant associations to discuss emerging
32 property-wide issues, particularly during the construction and rehabili-
33 tation process. Managing agents should consult the tenant associations
34 in scheduling such meetings and the frequency of such meetings. If there
35 is no tenant association at a development, the managing agent shall meet
36 with tenants and inform them of the right to form a tenant association,
37 the federal requirements for managing agents to provide no less than
38 twenty-five dollars per unit per year for tenant participation activ-
39 ities, which may include education, organizing around resident issues,
40 and trainings, and no less than fifteen dollars per unit per year for
41 tenant organization-eligible activities, and other relevant information;
42 (c) adhere to a set of procedures for tenant grievances and lease
43 termination proceedings that will take effect upon conversion. Such
44 procedures shall be uniform for each converted development and shall be
45 implemented by each managing agent. Every managing agent shall provide
46 ongoing orientations regarding the details and procedures for tenants to
47 sign new leases;
48 (d) explicitly notify residents of their rights to eligibility deter-
49 mination and succession and how these differ from typical section eight
50 eligibility and succession rights, including rights resulting from the
51 definition of family pursuant to subdivision seven of this section; and
52 (e) notwithstanding any provisions of law to the contrary, allow
53 tenants of converted developments to engage in profit-making businesses
54 within their units.
A. 2208 4
1 7. (a) For the purposes of determining eligibility and household
2 composition for public housing occupancy and continued occupancy,
3 authorities shall define a "family" as:
4 (i) a single person, who may be an elderly, displaced, or near-elderly
5 person, or any other single person;
6 (ii) an otherwise eligible youth who is at least eighteen years of age
7 but not more than twenty-four years of age and who has left foster care,
8 or will leave foster care within ninety days, in accordance with a tran-
9 sition plan described in section 475(5)(H) of the federal social securi-
10 ty Act (42 U.S.C. § 675(5)(H)), or who is at least sixteen years of age
11 and is homeless or at risk of becoming homeless; or
12 (iii) a group of persons residing together that includes, but is not
13 limited to, a family with or without children, including children who
14 are temporarily away from the home because of placement in foster care,
15 an elderly family, a near-elderly family, a family with one or more
16 persons with disabilities, a displaced family, the remaining member of a
17 tenant family, or a group of individuals who would otherwise be eligible
18 to reside in public housing who reside together.
19 (b) The definition of family pursuant to paragraph (a) of this subdi-
20 vision may not be restricted to kin, descendants, marital relations, or
21 relatives.
22 § 3. Section 38 of the public housing law, as amended by chapter 260
23 of the laws of 1945, is amended to read as follows:
24 § 38. Proposed projects. 1. For the purposes of this section, the
25 following terms shall have the following meanings:
26 (a) "Conversion" shall include acts by an authority to dispose, trans-
27 fer, convey, sublease, lease, or mortgage real property, or a leasehold
28 interest in real property, in a public housing development or ancillary
29 property owned by such public housing agency, in accordance with the RAD
30 program, section eighteen of the federal housing act of 1937 (42 U.S.C.
31 § 1427p), or similar plan approved by the federal department of housing
32 and urban development.
33 (b) "Management agent" shall mean the entity being contracted with
34 through a management agreement or similar contract for the maintenance
35 of a property following a conversion.
36 (c) "RAD program" shall mean the rental assistance demonstration
37 program pursuant to 42 U.S.C. § 1437f.
38 2. (a) An authority shall file with the commissioner a copy of each
39 proposed project embodying the plans, layout, estimated costs and
40 proposed method of financing. Any change made in the project shall be
41 filed with the commissioner by the authority. With reasonable promptness
42 after each project shall have been completed, and from time to time
43 prior to completion upon request of the commissioner, an authority shall
44 file with the commissioner a detailed statement of the cost thereof.
45 (b) Upon receipt of a copy of a proposed state project, or of any
46 proposed change therein, the commissioner may transmit [his] their crit-
47 icisms and suggestions with reasonable promptness to the authority or
48 the municipality. No change in a state project may be made by an author-
49 ity or a municipality without the approval of the commissioner.
50 3. (a) Within thirty days of being requested by the commissioner, an
51 authority shall provide the commissioner with the following information:
52 (i) the name of such authority;
53 (ii) the name of the public housing development;
54 (iii) the total number of units in such development;
55 (iv) the distribution of units by bedroom count, race, income, elderly
56 status, and disability status;
A. 2208 5
1 (v) the status of a development's subsidy, broken down by units,
2 detailing the number of units counted as section nine housing on an
3 annual contributions contract with the federal department of housing and
4 urban development, a project-based voucher or project-based rental
5 assistance via conversions or other conditions such as vacancy, both
6 funded and unfunded, and/or under other federal department of housing
7 and urban development programs outside of those that result from RAD
8 program conversions;
9 (vi) the application date of any proposed conversion, disposition, or
10 demolition to the federal department of housing and urban development;
11 (vii) the approval date of any proposed conversion, disposition, or
12 demolition by the federal department of housing and urban development,
13 and date of approval of such project by the commissioner;
14 (viii) a summary of the criteria used to justify any section eight or
15 RAD program demolition application to the federal department of housing
16 and urban development;
17 (ix) information on the relocation of affected residents and the
18 amount of persons displaced by a project, conversion, or demolition
19 approved by the federal department of housing and urban development; and
20 (x) details regarding the cost test conducted, if applicable, as
21 required by the federal department of housing and urban development.
22 (b) By December thirtieth of each year, the commissioner shall post on
23 a public webpage the information required pursuant to paragraph (a) of
24 this subdivision and other relevant information regarding projects and
25 conversion and any section eighteen dispositions or demolitions approved
26 by the federal department of housing and urban development, as deter-
27 mined by the commissioner.
28 (c) The commissioner shall maintain a centralized online database
29 where the information required pursuant to this subdivision can be
30 accessed. Such information shall be listed on such database based on
31 the year of their publication.
32 § 4. This act shall take effect immediately.
