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A05381 Summary:

BILL NOA05381A
 
SAME ASNo Same As
 
SPONSORRosenthal
 
COSPNSRReyes
 
MLTSPNSR
 
Amd §32-a, Priv Hous Fin L
 
Expands documentation requirements for limited-profit housing companies when providing information to the commissioner of housing of the state of New York and any relevant supervising agency.
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A05381 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5381--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2025
                                       ___________
 
        Introduced by M. of A. ROSENTHAL, REYES -- read once and referred to the
          Committee  on  Housing  --  recommitted to the Committee on Housing in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the private housing finance law, in relation  to  annual
          audits of limited-profit housing companies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3  of  section  32-a  of  the  private  housing
     2  finance  law,  as amended by chapter 684 of the laws of 2021, is amended
     3  to read as follows:
     4    3. Require every company to file with [him, her or it] the commission-
     5  er or supervising agency semi-annual or quarterly  financial  statements
     6  and an annual financial statement. Each annual financial statement shall
     7  be  accompanied  by a certificate of the company's independent certified
     8  public accountant. Such financial statements shall be filed at the times
     9  and in the manner prescribed by the commissioner or  supervising  agency
    10  and  within  fourteen  days  of such filing, the company shall post such
    11  financial statement on a website available to all shareholders and main-
    12  tained by the board of directors.  Such annual financial statement shall
    13  include, but not be limited to, documentation of the following:
    14    (a) records of all service contracts;
    15    (b) invoices and bank statements for all expenses;
    16    (c) any reimbursement claims and petty cash transactions;
    17    (d) reserve funding;
    18    (e) staff salaries and bonus pay, if applicable;
    19    (f) total amount of residential  and  commercial  rent  collected  per
    20  month;
    21    (g)  total  number  of residents receiving housing benefits, including
    22  but not limited to, the senior  citizen  rent  increase  exemption,  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02516-03-6

        A. 5381--A                          2
 
     1  assistance under section eight of the United States housing act of nine-
     2  teen hundred thirty-seven;
     3    (h) utility bills for the calendar year; and
     4    (i)  a  list of board members with their addresses, length of service,
     5  including any breaks in such service,  and  any  possible  conflicts  of
     6  interest of such board members.
     7    §  2.  Section  32-a  of the private housing finance law is amended by
     8  adding a new subdivision 15 to read as follows:
     9    15. Annually complete an audit of the books of every company  incorpo-
    10  rated pursuant to the provisions of this article. Such audit shall exam-
    11  ine the legality, reasonableness or necessity of the expenditures of the
    12  company. Any expenditure disallowed by the commissioner or the supervis-
    13  ing  agency  on  such  audits shall not be included in any construction,
    14  management or operating costs in  connection  with  any  application  to
    15  increase or reduce the rents or carrying charges in a project.
    16    §  3. This act shall take effect on the first of January next succeed-
    17  ing the date on which it shall have become a law.
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