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A01037 Summary:

COSPNSRDe Los Santos, Lucas, Simon, Taylor, Forrest
Relates to protecting the rights of current and converted Mitchell-Lama residents.
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A01037 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2023
        Introduced  by  M.  of A. WALKER, DE LOS SANTOS, LUCAS, SIMON, TAYLOR --
          read once and referred to the Committee on Housing
        AN ACT relating to protecting the rights of current and converted  Mitc-
          hell-Lama residents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Protecting the rights of current  and  converted  Mitchell-
     2  Lama  residents.  1.  New  York  State  Homes  and Community Renewal, in
     3  consultation with the New York City Department of Housing  Preservation,
     4  shall  appoint an independent agency or office, which will solicit resi-
     5  dent complaints and will provide unbiased grievance and complaint proce-
     6  dures that are consistent with the administrative procedures act.    The
     7  independent  agency  or  office will handle all Mitchell-Lama complaints
     8  including, but not limited to, the following:
     9    a. owner/management company/co-op board harassment and abuse;
    10    b. enjoying the benefit of unnecessarily and  financially  unsupported
    11  rent/carrying charge increases;
    12    c.   failure  to  adequately  reconcile  tenant  rent/carrying  charge
    13  records;
    14    d. failure to provide essential services on a consistent basis;
    15    e. failure to provide a decent, sanitary and safe living environment;
    16    f. failure to hold open and transparent co-op board elections;
    17    g. failure to notify and include all residents of building/development
    18  conversions; and
    19    h. failure to lower rents/carrying  charges  for  eligible  residents,
    20  when  a  subsidy  program that is already in development will lower that
    21  resident's rent/carrying charges.
    22    2. The practice of approving refinancing and/or conversion  "windfall"
    23  deals  shall be eliminated unless the ownership, managing agents, co-ops
    24  boards, the New York city supervised  Mitchell-Lama  developments  (HPD)
    25  and  the New York state supervised Mitchell-Lama developments (DHCR) can
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1037                             2
     1  produce verified financial  documentation  from  the  comptroller  which
     2  accounts  for every dollar spent during the ten year period prior to the
     3  application for refinancing and/or conversion.
     4    3.  All  rent  and  carrying charge increases approved by HPD and DHCR
     5  shall receive final approval from the respective New York  city  or  New
     6  York  state  comptroller  and  he  or  she shall have certified that the
     7  increase is financially necessary and supported by  a  comptroller-veri-
     8  fied financial review of expenses, assets and income.
     9    4.  Unless  the comptroller with the jurisdiction officially agrees to
    10  monitor and confirm the validity and  accuracy  of  future  expenses  or
    11  losses,  owners  and  co-op boards shall not be permitted to continue to
    12  receive rent/carrying charge increases based on those projections.
    13    5. Unless a resident's household income confirms that  he  or  she  is
    14  subject to a surcharge, there shall be no audit surcharges.
    15    6.  Legal representation and adequate pro se litigant support shall be
    16  provided by the state of  New  York  for  litigants  in  landlord/tenant
    17  cases.
    18    7.  A  comprehensive help desk shall be provided by the supreme courts
    19  of the state of New York to support pro se litigants.
    20    8. Judges and court staff with knowledge and experience with the Mitc-
    21  hell-Lama law and regulations shall oversee  all  Mitchell-Lama  related
    22  cases.
    23    § 2. This act shall take effect immediately.
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