S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5095

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  CAMARA,  CASTRO,  ROBINSON  -- read once and
  referred to the Committee on Housing

AN ACT to amend the private housing finance law and the  retirement  and
  social  security  law,  in  relation  to authorizing the use of public
  retirement or pension funds for the purpose of establishing  permanent
  affordable  housing;  and  establishing a permanent affordable housing
  advisory board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  findings and declarations. The legislature
finds and determines that there continues to exist in the state a  seri-
ously inadequate supply of safe and sanitary dwelling accommodations for
persons of low income. This condition is contrary to the public interest
and  threatens  the health, safety, welfare, comfort and security of the
people of the state.
  The legislature further finds and declares that many homeless families
live in overcrowded and often dilapidated welfare hotels; that temporary
housing is expensive and yet offers only minimal services; and that  the
state  must continue to develop cost effective alternatives to temporary
housing, ultimately permanent housing is the only  real  answer  to  the
housing crisis.
  The legislature further finds and reveals that the ordinary operations
of  private  enterprise  cannot  provide  an adequate supply of safe and
sanitary dwelling accommodations rentals which families and  persons  of
low  income  can  afford. The legislature therefore finds that the state
should dedicate a portion of the New York state pension funds to  create
a  sinking  bond  for  the  creation of permanent affordable housing for
families and persons who are homeless, at risk of being homeless, and/or
low income families and persons. To promote business in the state of New
York, it shall be the intent of the legislature to encourage small busi-
nesses to participate in the rehabilitation and construction  of  dwell-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07394-01-3
              

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ings to provide permanent affordable housing throughout the state of New
York.
  S  2. Subdivision 7 of section 45-a of the private housing finance law
is amended by adding a new paragraph (i) to read as follows:
  (I) INVEST ANY FUNDS OF THE CORPORATION IN PROJECTS WHICH PROVIDE  FOR
THE  REHABILITATION  OF  EXISTING  DWELLINGS  OR THE CONSTRUCTION OF NEW
DWELLINGS WHICH ARE TO BE USED FOR THE PURPOSE  OF  PROVIDING  PERMANENT
AFFORDABLE HOUSING.
  S  3. Section 177 of the retirement and social security law is amended
by adding a new subdivision 9-a to read as follows:
  9-A. BONDS ISSUED BY THE NEW YORK STATE HOUSING FINANCE AGENCY FOR THE
REHABILITATION OF EXISTING DWELLINGS OR THE CONSTRUCTION OF  NEW  DWELL-
INGS WHICH ARE TO BE USED FOR THE PURPOSE OF PROVIDING PERMANENT AFFORD-
ABLE HOUSING.
  S  4.  (a)  There is hereby established a permanent affordable housing
advisory board which shall identify and  evaluate  the  state's  housing
needs  and  provide  for  an  increase in the supply of decent, safe and
affordable permanent housing. The permanent affordable housing  advisory
board  shall  consist  of seven members, to be appointed as follows: one
member shall be appointed by the governor; one member shall be appointed
by the temporary president of the senate; one member shall be  appointed
by  the  speaker  of  the assembly; one member shall be appointed by the
chairman of the senate finance committee; one member shall be  appointed
by  the  chairman  of  the assembly ways and means committee; one member
shall be appointed by the comptroller; and one member shall be appointed
by the New York state housing finance agency.
  (b) Any representative so designated shall have the  power  to  attend
and to vote at any meeting of such board from which the member is absent
with  the  same force and effect as if the member designating him or her
were present and voting. Such designation shall  be  by  written  notice
filed  with  the  members. The designation of such person shall continue
until revoked at any time by the members. Notwithstanding any inconsist-
ent provisions of law, no officer or employee  of  the  state  shall  be
deemed  to  have forfeited or shall forfeit his or her office or employ-
ment by reason of acceptance of membership on the board  established  by
this section.
  (c)  In  carrying  out  its  duties  under  this section the permanent
affordable housing board may request the assistance of appropriate  city
and  state agencies, public benefit corporations and public authorities.
The aforesaid agencies, public benefits corporations and public authori-
ties are authorized to provide such assistance within  their  respective
functions as the permanent affordable housing board may require.
  (d) No officer or member of the advisory board shall receive any addi-
tional   compensation,   either  direct  or  indirect,  other  than  the
reimbursement for actual and necessary expenses incurred in the perform-
ance of his or her duties, by reason of his or her serving as a member.
  (e) The permanent affordable housing advisory  board  shall  establish
measures  and procedures to secure meaningful participation and identify
those contracts and items of work for  which  minority  and  women-owned
business  enterprises may best bid to actively and affirmatively promote
and assist their participation in the construction program for  afforda-
ble housing dwellings created pursuant to the provisions of this act.
  (f) The board established by this section shall establish measures and
procedures by which an economically viable tenant mixture is assured.
  S  5.  (a) (1) In the award of contracts for the design, construction,
reconstruction, rehabilitation  or  improvement  of  affordable  housing

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dwellings pursuant to this act, minority and women-owned business enter-
prises  shall be given the opportunity for meaningful participation. The
permanent affordable housing  advisory  board  established  pursuant  to
section  four  of  this  act  shall establish measures and procedures to
secure meaningful participation and identify those contracts  and  items
of work for which minority and women-owned business enterprises may best
bid to actively and affirmatively promote and assist their participation
in  the  construction program for affordable housing dwellings, so as to
facilitate the award of a fair share of contracts to  such  enterprises;
provided,  however, that nothing in this act shall be construed to limit
the ability of the permanent affordable housing advisory board to assure
that qualified minority and women-owned business enterprises may partic-
ipate in the program. For purposes of this section,  "minority  business
enterprise"  shall mean any business enterprise which is at least fifty-
one per centum owned by, or in the case of a publicly owned business, at
least fifty-one per centum of the stock of which is owned by citizens or
permanent resident aliens who are Black,  Hispanic,  Asian  or  American
Indian, and such ownership interest is real, substantial and continuing;
and "women-owned business enterprise" shall mean any business enterprise
which  is  at  least  fifty-one per centum owned by, or in the case of a
publicly owned business, at least fifty-one per centum of the  stock  of
which  is  owned by citizens or permanent resident aliens who are women,
and such ownership interest is real, substantial and continuing.
  The provisions of this paragraph shall not be construed to  limit  the
ability of any minority business enterprise to bid on any contract.
  (2)  In  the  implementation  of  this section, the contracting agency
shall consider compliance by any contractor with the requirements of any
federal, state, or local law concerning minority and  women-owned  busi-
ness enterprises, which may effectuate the requirements of this section.
If the contracting agency determines that by virtue of the imposition of
the  requirements  of  any  such  law,  in  respect  to  capital project
contracts, the provisions thereof duplicate or conflict with  such  law,
the  contracting  agency  may waive the applicability of this section to
the extent of such duplication or conflict.
  (3) Nothing in this section shall be deemed to  require  that  overall
state  and federal requirements for participation of minority and women-
owned business enterprises in programs  authorized  under  this  act  be
applied  without regard to local circumstances to all projects or in all
communities.
  (b) In order to implement the  requirements  and  objectives  of  this
section, the permanent affordable housing advisory board shall establish
procedures to monitor the contractors' compliance with the provisions of
this section, provide assistance in obtaining competing qualified minor-
ity  and  women-owned business enterprises to perform contracts proposed
to be awarded, and take other appropriate measures to improve the access
of minority and women-owned business enterprises to these contracts.
  S 6. This act shall take effect immediately.