Add S159-d, Civ Serv L; amd SS44, 45-a & 45-b, Priv Hous Fin L; amd S2404, Pub Auth L
Assists public employees in securing affordable housing in New York state; public employee homeownership assistance funds where programs are collectively bargained with employers; promulgate rules and regulations providing public employees with a preference in programs they administer for which state appropriations are received.
STATE OF NEW YORK
________________________________________________________________________
8140
2009-2010 Regular Sessions
IN ASSEMBLY
May 6, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Housing
AN ACT to amend the civil service law, the private housing finance law
and the public authorities law, in relation to public employee housing
and promulgating rules and regulations for programs administered where
state appropriations are received
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 159-d to read as follows:
3 § 159-d. Public employee homeownership assistance fund. 1. Notwith-
4 standing any other law, rule or regulation to the contrary, where an
5 agreement between a public employer and an employee organization entered
6 into pursuant to article fourteen of this chapter so provides, a public
7 employer may establish a public employee homeownership assistance fund
8 to provide employees in a position represented by such employee organ-
9 ization with financial assistance in the purchase of a home including
10 but not limited to down payment assistance. Terms and conditions of
11 benefits provided through this fund shall be administered pursuant to
12 the agreement. The public employee homeownership assistance fund shall
13 be funded at a level and for the period of time as determined by such
14 agreement and any interest or other earnings attributable to the money
15 held in such fund shall be utilized with such money for the purpose set
16 forth in this section.
17 2. For the purposes of this section the term:
18 (a) "Public employer" shall mean (i) the state of New York, (ii) a
19 county, city, town, village or any other political subdivision or civil
20 division of the state, (iii) a school district or any governmental enti-
21 ty operating a public school, college or university, (iv) a public
22 improvement or special district, (v) a public authority, commission or
23 public benefit corporation, or (vi) any other public corporation, agen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10586-01-9
A. 8140 2
1 cy, instrumentality or unit of government which exercises governmental
2 power under the laws of the state.
3 (b) "Employee organization" means an organization which represents
4 employees of the public employer pursuant to article fourteen of this
5 chapter.
6 § 2. Section 44 of the private housing finance law is amended by
7 adding a new subdivision 32 to read as follows:
8 32. To promulgate rules and regulations for each program it adminis-
9 ters and for which state appropriations are received, providing wherever
10 practicable a preference for public employees not to exceed five percent
11 of total program participation. For the purposes of this section a
12 public employee shall mean any person holding a position by appointment
13 or employment in the service of (1) the state of New York, (2) a county,
14 city, town, village or any other political subdivision or civil division
15 of the state, (3) a school district or any governmental entity operating
16 a public school, college or university, (4) a public improvement or
17 special district, (5) a public authority, commission or public benefit
18 corporation, or (6) any other public corporation, agency, instrumentali-
19 ty or unit of government which exercises governmental power under the
20 laws of the state. In order to be eligible, a public employee must be
21 otherwise qualified for participation in the program for which the pref-
22 erence is granted, including but not limited to satisfaction of income
23 limitations.
24 § 3. Subdivision 12 of section 45-a of the private housing finance
25 law, as amended by chapter 261 of the laws of 1988, is amended and a new
26 subdivision 13 is added to read as follows:
27 [10.] 12. Notwithstanding the provisions of article one-A of the
28 public authorities law, contracts entered into by the corporation pursu-
29 ant to articles eighteen and eighteen-A of this chapter shall not be
30 subject to the provisions of article one-A of the public authorities
31 law.
32 13. The corporation is hereby authorized and directed to promulgate
33 rules and regulations for each program it administers and for which
34 state appropriations are received, providing wherever practicable a
35 preference for public employees not to exceed five percent of total
36 program participation. For the purposes of this section a public
37 employee shall mean any person holding a position by appointment or
38 employment in the service of (a) the state of New York, (b) a county,
39 city, town, village or any other political subdivision or civil division
40 of the state, (c) a school district or any governmental entity operating
41 a public school, college or university, (d) a public improvement or
42 special district, (e) a public authority, commission or public benefit
43 corporation, or (f) any other public corporation, agency, instrumentali-
44 ty or unit of government which exercises governmental power under the
45 laws of the state. In order to be eligible, a public employee must be
46 otherwise qualified for participation in the program for which the pref-
47 erence is granted, including but not limited to satisfaction of income
48 limitations.
49 § 4. Section 45-b of the private housing finance law is amended by
50 adding a new subdivision 11 to read as follows:
51 11. The corporation is hereby authorized and directed to promulgate
52 rules and regulations for each program it administers and for which
53 state appropriations are received, providing wherever practicable a
54 preference for public employees not to exceed five percent of total
55 program participation. For the purposes of this section a public employ-
56 ee shall mean any person holding a position by appointment or employment
A. 8140 3
1 in the service of (a) the state of New York, (b) a county, city, town,
2 village or any other political subdivision or civil division of the
3 state, (c) a school district or any governmental entity operating a
4 public school, college or university, (d) a public improvement or
5 special district, (e) a public authority, commission or public benefit
6 corporation, or (f) any other public corporation, agency, instrumentali-
7 ty or unit of government which exercises governmental power under the
8 laws of the state. In order to be eligible, a public employee must be
9 otherwise qualified for participation in the program for which the pref-
10 erence is granted, including but not limited to satisfaction of income
11 limitations.
12 § 5. Section 2404 of the public authorities law is amended by adding a
13 new subdivision 31 to read as follows:
14 (31) To promulgate rules and regulations for each program it adminis-
15 ters and for which state appropriations are received, providing wherever
16 practicable a preference for public employees not to exceed five percent
17 of total program participation. For the purposes of this section a
18 public employee shall mean any person holding a position by appointment
19 or employment in the service of (a) the state of New York, (b) a county,
20 city, town, village or any other political subdivision or civil division
21 of the state, (c) a school district or any governmental entity operating
22 a public school, college or university, (d) a public improvement or
23 special district, (e) a public authority, commission or public benefit
24 corporation, or (f) any other public corporation, agency, instrumentali-
25 ty or unit of government which exercises governmental power under the
26 laws of the state. In order to be eligible, a public employee must be
27 otherwise qualified for participation in the program for which the pref-
28 erence is granted, including but not limited to satisfaction of income
29 limitations.
30 § 6. This act shall take effect on the one hundred eightieth day
31 after it shall have become a law; provided that any and all rules and
32 regulations necessary to implement the provisions of this act on its
33 effective date are authorized and directed to be completed on or before
34 such effective date.
