NY State Assembly Bill 2009-A8113

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	reported referred to ways and means
Jan 06, 2010	referred to housing
Jun 16, 2009	reported referred to ways and means
Jun 11, 2009	print number 8113a
Jun 11, 2009	amend and recommit to housing
May 04, 2009	referred to housing

Bill Amendments

Original

A (Active)

2009-A8113 - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §902, 903, 1002 & 1003, Priv Hous Fin L

2009-A8113 - Summary

Relates to activities engaged in by neighborhood preservation companies; allows certain limits on annual contract amounts may be exceeded in instances where the division of housing and community renewal has determined additional funding will address a compelling public purpose.

2009-A8113 - Bill Text download pdf

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

                                  8113

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, BENJAMIN, JAFFEE, BENEDETTO, DelMONTE,
  SCHROEDER, MILLMAN, CYMBROWITZ, COOK, TOWNS,  LUPARDO  --  Multi-Spon-
  sored  by  --  M.  of A. CANESTRARI, GOTTFRIED, HEASTIE, JACOBS, JOHN,
  MAGEE, McENENY, PHEFFER, POWELL -- (at  request  of  the  Division  of
  Housing  & Community Renewal) -- read once and referred to the Commit-
  tee on Housing

AN ACT to amend the private housing finance law, in relation  to  activ-
  ities engaged in by neighborhood preservation companies

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

  Section 1. Subdivision 5 of section 902 of the private housing finance
law, as amended by chapter 668 of the laws of 1985, is amended  to  read
as follows:
  5.   "Neighborhood  preservation  activities"  shall  mean  activities
engaged in by a neighborhood preservation  company  within  a  geograph-
ically  defined  neighborhood of a municipality, PROVIDED, HOWEVER, THAT
THE DIVISION MAY AUTHORIZE A NEIGHBORHOOD PRESERVATION COMPANY TO ENGAGE
IN SUCH ACTIVITIES  IN  UNDERSERVED  AREAS  OF  THE  MUNICIPALITY  LYING
OUTSIDE OF ITS INITIALLY DESIGNATED NEIGHBORHOOD AREA, THAT ARE designed
(a)   to  construct,  maintain,  preserve,  repair,  renovate,  upgrade,
improve, modernize, rehabilitate or otherwise prolong  the  useful  life
and  to manage and coordinate the rehabilitation of residential dwelling
accommodations within such neighborhood, to restore abandoned and vacant
as well as occupied housing accommodations to  habitable  condition;  to
demolish  structurally  unsound  or  unsafe  or  otherwise  unsightly or
unhealthy structures which no longer serve or can economically  be  made
to  serve  a  useful  purpose consistent with stabilizing or improving a
neighborhood; to seal and maintain vacant but structurally sound  struc-
tures which are capable of being rehabilitated at a future time and used
for  housing  purposes;  to  acquire, where appropriate, buildings which
contain housing accommodations; to facilitate the disposition of  build-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09050-02-9

A. 8113                             2

ings  containing  housing accommodations to individual occupants thereof
or to cooperative groups whose members shall be  occupants  thereof;  to
assist owners, occupants and tenants of housing accommodations to obtain
improvements  in  the physical conditions thereof and in the maintenance
and management thereof; and to manage housing accommodations  as  agents
for  the  owners  thereof  or  administrators  or receivers appointed or
designated pursuant to any law of the state; and (b) to accomplish simi-
lar purposes and meet similar needs with respect to retail  and  service
establishments  within such neighborhoods when carried out in connection
with and incidental to a program of housing related activities.
  S 2. Section 902 of the private housing  finance  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  "COMPELLING  PUBLIC PURPOSE" SHALL MEAN: (I) THE MERGER OR CONSOL-
IDATION OF TWO OR MORE NEIGHBORHOOD  PRESERVATION  COMPANIES  WHERE  THE
PRE-EXISTING  SERVICE  AREAS  OF  ALL  MERGED  OR CONSOLIDATED COMPANIES
REMAIN SERVED FOLLOWING THE MERGER OR  CONSOLIDATION,  AND  SUCH  ACTION
RESULTS  IN MORE EFFICIENT AND COST EFFECTIVE DELIVERY OF SERVICES; (II)
SERVICES VITAL TO THE HEALTH, SAFETY AND WELFARE OF A SERVICE  AREA;  OR
(III)  AS  DETERMINED  BY THE DIVISION PURSUANT TO RULES AND REGULATIONS
PROMULGATED UNDER THIS ARTICLE.
  S 3. Subdivision 4 of section 903 of the private housing finance  law,
as amended by section 1 of part II of chapter 59 of the laws of 2008, is
amended to read as follows:
  4.  Contracts  entered  into  hereunder with neighborhood preservation
companies shall be limited in duration to periods of one year,  but  may
thereafter  be renewed, extended or succeeded by new contracts from year
to year in the discretion of the commissioner; they shall be limited  in
amount  to  the sum of one hundred thousand dollars in a single year and
to the aggregate sum of two  million  one  hundred  four  thousand  five
hundred dollars for a single neighborhood preservation company, provided
that  in  any  year in which the aggregate sum of three hundred thousand
dollars shall have been reached and all  succeeding  years,  the  annual
contract  amount  shall  be  subject to a limit of ninety-seven thousand
five hundred dollars per year, AND FURTHER PROVIDED THAT THE  APPLICABLE
LIMIT  ON  THE ANNUAL CONTRACT AMOUNT MAY BE EXCEEDED IN INSTANCES WHERE
THE DIVISION HAS DETERMINED THAT SUCH ADDITIONAL FUNDING WILL ADDRESS  A
COMPELLING  PUBLIC  PURPOSE;  they  shall  define with particularity the
neighborhood or portion thereof within which the neighborhood  preserva-
tion activities shall be performed; they shall specify the nature of the
neighborhood  preservation activities which shall be performed including
the approximate number of  buildings,  residential  dwelling  units  and
local  retail  and  service establishments which shall be affected; they
shall locate and describe, with as much particularity as  is  reasonably
possible,  the  buildings with respect to which such activities shall be
performed during the contract term; and they shall specify the number of
persons, salaries or rates of compensation and a description  of  duties
of  those  who shall be engaged by the neighborhood preservation company
to perform the activities embraced by the contract together with a sche-
dule of other anticipated expenses.
  S 4. Section 1002 of the private housing finance  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  "COMPELLING  PUBLIC PURPOSE" SHALL MEAN: (I) THE MERGER OR CONSOL-
IDATION OF TWO OR MORE CORPORATIONS WHERE THE PRE-EXISTING SERVICE AREAS
OF ALL MERGED OR CONSOLIDATED CORPORATIONS REMAIN SERVED  FOLLOWING  THE
MERGER  OR  CONSOLIDATION, AND SUCH ACTION RESULTS IN MORE EFFICIENT AND
COST EFFECTIVE DELIVERY OF SERVICES; (II) SERVICES VITAL TO THE  HEALTH,

A. 8113                             3

SAFETY  AND  WELFARE  OF  A  SERVICE AREA; OR (III) AS DETERMINED BY THE
DIVISION PURSUANT TO RULES AND REGULATIONS PROMULGATED UNDER THIS  ARTI-
CLE.
  S 5. Subdivision 4 of section 1003 of the private housing finance law,
as amended by section 2 of part II of chapter 59 of the laws of 2008, is
amended to read as follows:
  4. Contracts pursuant to this section shall be for a period of no more
than  one  year,  but  may be renewed or extended from year to year, and
shall provide for payment by the division of no more  than  one  hundred
thousand  dollars  per year and shall be limited to the aggregate sum of
two million one hundred four thousand five hundred dollars for a  single
corporation,  provided  that  in  any year in which the aggregate sum of
three hundred thousand dollars shall have been reached and all  succeed-
ing  years,  the  annual  contract amount shall be subject to a limit of
ninety-seven  thousand  five  hundred  dollars  per  year,  AND  FURTHER
PROVIDED  THAT THE APPLICABLE LIMIT ON THE ANNUAL CONTRACT AMOUNT MAY BE
EXCEEDED IN INSTANCES WHERE THE DIVISION HAS DETERMINED THAT SUCH  ADDI-
TIONAL  FUNDING  WILL  ADDRESS  A  COMPELLING PUBLIC PURPOSE; they shall
define with particularity the region or portion thereof within which the
housing  preservation  and  community  renewal   activities   shall   be
performed; they shall specify the nature of the housing preservation and
community  renewal  activities  which  shall  be performed including the
approximate number of buildings, residential dwelling  units  and  local
retail  and  service  establishments which shall be affected; they shall
locate and describe, with as much particularity as is reasonably  possi-
ble,  the  buildings  with  respect  to  which  such activities shall be
performed during the contract term; and they shall specify the number of
persons, salaries or rates of compensation and a description  of  duties
of  those  who shall be engaged by the corporation to perform the activ-
ities embraced by the contract together with a schedule of other  antic-
ipated expenses.
  S 6. This act shall take effect immediately.

2009-A8113A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Laws Affected:: Amd §902, 903, 1002 & 1003, Priv Hous Fin L

2009-A8113A (ACTIVE) - Summary

2009-A8113A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8113A

TITLE  OF  BILL:    An  act to amend the private housing finance law, in
relation to activities engaged in by neighborhood preservation companies

Purpose of the bill:  This bill amends articles 16 and 17 of the Private
Housing Finance Law (PHFL).   Summary of provisions: Section  1  of  the
bill  amends subdivision 5 of section 902 of the PHFL to permit a neigh-
borhood preservation company  that  is  operating  within  a  designated
neighborhood  in  a  municipality  to expand its service area to include
unserved areas of the municipality.

Section 2 of the bill amends  section  902  of  the  PHFL  to  define  a
"compelling  public  purpose" which would permit the division of housing
and community renewal to exceed contract funding caps in order to expand
a neighborhood preservation company' s service area to include  unserved
areas of the municipality.

Section 3 of the bill amends subdivision 4 of section 903 of the PHFL to
authorize  the  division  to  exceed  the applicable limit on the annual
contract amount if it is determined that such  additional  funding  will
address a compelling public purpose.

Section  4  of  the  bill  amends  section  1002 of the PHFL to define a
"compelling public purpose" which would permit the division  of  housing
and community renewal to exceed contract funding caps in order to expand

a  rural  preservation  corporation's  service  area to include unserved
rural areas.

Section 5 of the bill amends subdivision 4 of section 1003 of  the  PHFL
to  authorize  the division to exceed the applicable limit on the annual
contract amount if it is determined that such  additional  funding  will
address a compelling public purpose.

Section 6 of the bill sets forth the effective date.

Existing law:  Currently, the law caps the funds a rural or neighborhood
preservation  company can receive in any one fiscal year and restricts a
neighborhood preservation company's service  area  to  a  geographically
defined neighborhood of a municipality.

Prior  legislative history:   Article 16 was enacted in 1977 and article
17 was enacted in 1980.

Statement in support:  The proposed amendments will improve  the  effec-
tiveness of these programs by providing the division with the discretion
to exceed annual funding caps to address a compelling public purpose and
to  expand a neighborhood preservation company's service area to include
unserved areas of the municipality. A compelling public purpose includes
(i) the merger or consolidation of two or more preservation companies or
corporations where the pre-existing  service  areas  of  all  merged  or
consolidated  companies  and  corporations  remain  served following the

merger or consolidation, and such action results in more  efficient  and
cost  effective  delivery of services or (2) service to an area unserved
by an existing company or corporation to promote the health, safety  and
welfare of a service area.

Budget  implications:    None,  this could be implemented with the funds
currently available for these programs.

Effective date: This act shall take effect immediately.

2009-A8113A (ACTIVE) - Bill Text download pdf

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

                                 8113--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, BENJAMIN, JAFFEE, BENEDETTO, DelMONTE,
  SCHROEDER, MILLMAN, CYMBROWITZ, COOK, TOWNS, LUPARDO,  TITUS,  ESPAIL-
  LAT,  WRIGHT,  GALEF  --  Multi-Sponsored by -- M. of A. AUBRY, CANES-
  TRARI, GOTTFRIED, HEASTIE,  JACOBS,  JOHN,  MAGEE,  McENENY,  PHEFFER,
  POWELL  -- (at request of the Division of Housing & Community Renewal)
  -- read once and referred to the Committee  on  Housing  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the private housing finance law, in relation to activ-
  ities engaged in by neighborhood preservation companies

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

  Section 1. Subdivision 5 of section 902 of the private housing finance
law,  as  amended by chapter 668 of the laws of 1985, is amended to read
as follows:
  5.  "Neighborhood  preservation  activities"  shall  mean   activities
engaged  in  by  a  neighborhood preservation company within a geograph-
ically defined neighborhood of a municipality, PROVIDED,  HOWEVER,  THAT
THE DIVISION MAY AUTHORIZE A NEIGHBORHOOD PRESERVATION COMPANY TO ENGAGE
IN  SUCH  ACTIVITIES IN UNSERVED AREAS OF THE MUNICIPALITY LYING OUTSIDE
OF ITS INITIALLY DESIGNATED NEIGHBORHOOD AREA, THAT ARE designed (a)  to
construct,  maintain,  preserve,  repair,  renovate,  upgrade,  improve,
modernize, rehabilitate or otherwise prolong  the  useful  life  and  to
manage  and coordinate the rehabilitation of residential dwelling accom-
modations within such neighborhood, to restore abandoned and  vacant  as
well  as  occupied  housing  accommodations  to  habitable condition; to
demolish structurally  unsound  or  unsafe  or  otherwise  unsightly  or
unhealthy  structures  which no longer serve or can economically be made
to serve a useful purpose consistent with  stabilizing  or  improving  a
neighborhood;  to seal and maintain vacant but structurally sound struc-
tures which are capable of being rehabilitated at a future time and used

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09050-04-9

A. 8113--A                          2

for housing purposes; to acquire,  where  appropriate,  buildings  which
contain  housing accommodations; to facilitate the disposition of build-
ings containing housing accommodations to individual  occupants  thereof
or  to  cooperative  groups whose members shall be occupants thereof; to
assist owners, occupants and tenants of housing accommodations to obtain
improvements in the physical conditions thereof and in  the  maintenance
and  management  thereof; and to manage housing accommodations as agents
for the owners thereof  or  administrators  or  receivers  appointed  or
designated pursuant to any law of the state; and (b) to accomplish simi-
lar  purposes  and meet similar needs with respect to retail and service
establishments within such neighborhoods when carried out in  connection
with and incidental to a program of housing related activities.
  S  2.  Section  902  of  the private housing finance law is amended by
adding a new subdivision 7 to read as follows:
  7. "COMPELLING PUBLIC PURPOSE" SHALL MEAN: (I) THE MERGER  OR  CONSOL-
IDATION  OF  TWO  OR  MORE NEIGHBORHOOD PRESERVATION COMPANIES WHERE THE
PRE-EXISTING SERVICE AREAS  OF  ALL  MERGED  OR  CONSOLIDATED  COMPANIES
REMAIN  SERVED  FOLLOWING  THE  MERGER OR CONSOLIDATION, AND SUCH ACTION
RESULTS IN MORE EFFICIENT AND COST EFFECTIVE DELIVERY  OF  SERVICES;  OR
(II)  SERVICE  TO AN AREA UNSERVED BY AN EXISTING NEIGHBORHOOD PRESERVA-
TION COMPANY TO PROMOTE THE HEALTH, SAFETY  AND  WELFARE  OF  A  SERVICE
AREA.
  S  3. Subdivision 4 of section 903 of the private housing finance law,
as amended by section 1 of part FF of chapter 57 of the laws of 2009, is
amended to read as follows:
  4. Contracts entered into  hereunder  with  neighborhood  preservation
companies  shall  be limited in duration to periods of one year, but may
thereafter be renewed, extended or succeeded by new contracts from  year
to  year in the discretion of the commissioner; they shall be limited in
amount to the sum of one hundred thousand  dollars  in  a  single  year,
provided  that  in  any year in which the aggregate sum of three hundred
thousand dollars shall have been reached and all succeeding  years,  the
annual contract amount shall be subject to a limit of ninety-seven thou-
sand five hundred dollars per year, AND FURTHER PROVIDED THAT THE APPLI-
CABLE  LIMIT  ON THE ANNUAL CONTRACT AMOUNT MAY BE EXCEEDED IN INSTANCES
WHERE THE DIVISION HAS DETERMINED  THAT  SUCH  ADDITIONAL  FUNDING  WILL
ADDRESS A COMPELLING PUBLIC PURPOSE; they shall define with particulari-
ty  the  neighborhood  or  portion thereof within which the neighborhood
preservation activities shall  be  performed;  they  shall  specify  the
nature  of  the  neighborhood  preservation  activities  which  shall be
performed including the approximate  number  of  buildings,  residential
dwelling  units  and local retail and service establishments which shall
be affected; they shall locate and describe, with as much  particularity
as  is  reasonably  possible,  the  buildings with respect to which such
activities shall be performed during the contract term; and  they  shall
specify  the  number of persons, salaries or rates of compensation and a
description of duties of those who shall be engaged by the  neighborhood
preservation  company to perform the activities embraced by the contract
together with a schedule of other anticipated expenses.
  S 4. Section 1002 of the private housing finance  law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  "COMPELLING  PUBLIC PURPOSE" SHALL MEAN: (I) THE MERGER OR CONSOL-
IDATION OF TWO OR MORE CORPORATIONS WHERE THE PRE-EXISTING SERVICE AREAS
OF ALL MERGED OR CONSOLIDATED CORPORATIONS REMAIN SERVED  FOLLOWING  THE
MERGER  OR  CONSOLIDATION, AND SUCH ACTION RESULTS IN MORE EFFICIENT AND
COST EFFECTIVE DELIVERY OF SERVICES; OR (II) SERVICE TO AN AREA UNSERVED

A. 8113--A                          3

BY AN EXISTING CORPORATION PRESERVATION COMPANY TO PROMOTE  THE  HEALTH,
SAFETY AND WELFARE OF A SERVICE AREA.
  S 5. Subdivision 4 of section 1003 of the private housing finance law,
as amended by section 2 of part FF of chapter 57 of the laws of 2009, is
amended to read as follows:
  4. Contracts pursuant to this section shall be for a period of no more
than  one  year,  but  may be renewed or extended from year to year, and
shall provide for payment by the division of no more  than  one  hundred
thousand dollars per year, provided that in any year in which the aggre-
gate  sum  of three hundred thousand dollars shall have been reached and
all succeeding years, the annual contract amount shall be subject  to  a
limit  of  ninety-seven  thousand  five  hundred  dollars  per year, AND
FURTHER PROVIDED THAT THE APPLICABLE LIMIT ON THE ANNUAL CONTRACT AMOUNT
MAY BE EXCEEDED IN INSTANCES WHERE THE DIVISION HAS DETERMINED THAT SUCH
ADDITIONAL FUNDING WILL ADDRESS A COMPELLING PUBLIC PURPOSE; they  shall
define with particularity the region or portion thereof within which the
housing   preservation   and   community  renewal  activities  shall  be
performed; they shall specify the nature of the housing preservation and
community renewal activities which  shall  be  performed  including  the
approximate  number  of  buildings, residential dwelling units and local
retail and service establishments which shall be  affected;  they  shall
locate  and describe, with as much particularity as is reasonably possi-
ble, the buildings with  respect  to  which  such  activities  shall  be
performed during the contract term; and they shall specify the number of
persons,  salaries  or rates of compensation and a description of duties
of those who shall be engaged by the corporation to perform  the  activ-
ities  embraced by the contract together with a schedule of other antic-
ipated expenses.
  S 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A8113

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8113 - Details

2009-A8113 - Summary

2009-A8113 - Bill Text download pdf

2009-A8113A (ACTIVE) - Details

2009-A8113A (ACTIVE) - Summary

2009-A8113A (ACTIVE) - Sponsor Memo

2009-A8113A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-A8113

Assembly Bill A8113

Share this bill

Sponsored By

LOPEZ V

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8113 - Details

2009-A8113 - Summary

2009-A8113 - Bill Text download pdf

2009-A8113A (ACTIVE) - Details

2009-A8113A (ACTIVE) - Summary

2009-A8113A (ACTIVE) - Sponsor Memo

2009-A8113A (ACTIVE) - Bill Text download pdf

Comments