S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    802
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Legislative intent.  New York state and its localities have
 invested for more than a half century in the creation of low and  middle
 income  housing to benefit those most in need and to the general benefit
 of state and local economies. In many cases such housing has fallen into
 disrepair or is being  lost  as  affordable  housing  due  to  statutory
 provisions allowing owners to dissolve housing companies. The unmet need
 for  affordable  housing  is  presently  greater than at any time in the
 state's history. A temporary moratorium on the dissolution of any  hous-
 ing  company  is  necessary  for  the  division of housing and community
 renewal to complete its work and make recommendations.
   § 2. The division of housing and community renewal shall  undertake  a
 comprehensive study of the present status of state and locally aided low
 and middle income housing programs and make recommendations with respect
 to  the preservation, modernization and expansion of the number of hous-
 ing units provided by such programs. Such recommendations shall include,
 but not be limited to, methods that may be employed by state  and  local
 governments  to  retain  and  expand the existing inventory of state and
 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
 
 inventory  of affordable housing for the persons and families such hous-
 ing is designed to serve.
   § 3. The division of housing and community renewal shall make a report
 to  the  governor  and  the legislature of its findings, conclusions and
 recommendations no later than one year after the effective date of  this
 act  and  shall  submit with its report such legislative proposals as it
 deems necessary to implement its recommendations.
   § 4. To the maximum extent  feasible,  the  division  of  housing  and
 community  renewal  shall  be  entitled to request and receive and shall
 utilize and be provided with such facilities, resources and data of  any
 court,  department, division, board, bureau, commission or agency of the
 state or any political subdivision thereof as it may reasonably  request
 to carry out properly its responsibilities pursuant to this act.
   §  5.  Section  35  of  the  private housing finance law is amended by
 adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SECTION,  NO  COMPANY
 SHALL  BE VOLUNTARILY DISSOLVED, WITHOUT THE CONSENT OF THE COMMISSIONER
 OR SUPERVISING AGENCY, AS THE CASE MAY BE.
   § 6. Section 96 of the private  housing  finance  law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION, NO COMPANY
 SHALL BE VOLUNTARILY DISSOLVED OR TERMINATED, WITHOUT THE CONSENT OF THE
 COMMISSIONER.
   § 7. Section 123 of the private housing  finance  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO REDEVELOP-
 MENT COMPANY SHALL DISSOLVE OR TERMINATE, WITHOUT  THE  CONSENT  OF  THE
 LOCAL LEGISLATIVE BODY.
   §  8.  This act shall take effect immediately; provided, that sections
 five, six and seven of this act shall  expire  and  be  deemed  repealed
 twenty-four months after it shall have become a law.