S T A T E O F N E W Y O R K
________________________________________________________________________
6849
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
___________
Introduced by M. of A. CAMARA -- 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.
LBD10428-01-9
A. 6849 2
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
A. 6849 3
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.