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.
STATE OF NEW YORK
________________________________________________________________________
802
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to direct the division of housing 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 housing companies; and providing
for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. New York state and its localities have
2 invested for more than a half century in the creation of low and middle
3 income housing to benefit those most in need and to the general benefit
4 of state and local economies. In many cases such housing has fallen into
5 disrepair or is being lost as affordable housing due to statutory
6 provisions allowing owners to dissolve housing companies. The unmet need
7 for affordable housing is presently greater than at any time in the
8 state's history. A temporary moratorium on the dissolution of any hous-
9 ing company is necessary for the division of housing and community
10 renewal to complete its work and make recommendations.
11 § 2. The division of housing and community renewal shall undertake a
12 comprehensive study of the present status of state and locally aided low
13 and middle income housing programs and make recommendations with respect
14 to the preservation, modernization and expansion of the number of hous-
15 ing units provided by such programs. Such recommendations shall include,
16 but not be limited to, methods that may be employed by state and local
17 governments to retain and expand the existing inventory of state and
18 locally aided low and middle income housing so as to preserve such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00027-01-7
S. 802 2
1 inventory of affordable housing for the persons and families such hous-
2 ing is designed to serve.
3 § 3. The division of housing and community renewal shall make a report
4 to the governor and the legislature of its findings, conclusions and
5 recommendations no later than one year after the effective date of this
6 act and shall submit with its report such legislative proposals as it
7 deems necessary to implement its recommendations.
8 § 4. To the maximum extent feasible, the division of housing and
9 community renewal shall be entitled to request and receive and shall
10 utilize and be provided with such facilities, resources and data of any
11 court, department, division, board, bureau, commission or agency of the
12 state or any political subdivision thereof as it may reasonably request
13 to carry out properly its responsibilities pursuant to this act.
14 § 5. Section 35 of the private housing finance law is amended by
15 adding a new subdivision 5 to read as follows:
16 5. Notwithstanding any other provision of this section, no company
17 shall be voluntarily dissolved, without the consent of the commissioner
18 or supervising agency, as the case may be.
19 § 6. Section 96 of the private housing finance law is amended by
20 adding a new subdivision 3 to read as follows:
21 3. Notwithstanding any other provision of this section, no company
22 shall be voluntarily dissolved or terminated, without the consent of the
23 commissioner.
24 § 7. Section 123 of the private housing finance law is amended by
25 adding a new subdivision 8 to read as follows:
26 8. Notwithstanding any other provision of this section, no redevelop-
27 ment company shall dissolve or terminate, without the consent of the
28 local legislative body.
29 § 8. This act shall take effect immediately; provided, that sections
30 five, six and seven of this act shall expire and be deemed repealed
31 twenty-four months after it shall have become a law.