Senate Bill S1756

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

                                  1756

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced by Sens. KRUGER, DUANE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and Community Development

AN  ACT authorizing the New York state 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 the expiration
  thereof

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

  Section 1. 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 housing company is neces-
sary to enable the New York state  division  of  housing  and  community
renewal to complete its work and make recommendations.
  S  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.
                                                           LBD01493-01-9
              

S. 1756                             2

inventory  of affordable housing for the persons and families such hous-
ing is designed to serve.
  S 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.
  S 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.
  S  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, ON  OR  AFTER  THE  EFFECTIVE
DATE OF THIS SUBDIVISION.
  S  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, ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S  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, ON OR AFTER THE EFFECTIVE DATE OF THIS  SUBDIVI-
SION.
  S  8.  This act shall take effect immediately; provided, that sections
five, six and seven of this act shall  expire  and  be  deemed  repealed
December  31,  2010.    Effective  immediately,  the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or  before
such effective date.