1. THAT THERE IS A SERIOUS SHORTAGE OF DECENT AFFORDABLE HOUSING IN
THE STATE FOR PERSONS OF LOW INCOME, VERY LOW INCOME, EXTREMELY LOW
INCOME, AND POVERTY-LEVEL INCOME;
2. THAT THE COST OF PROVIDING SUCH HOUSING WITHOUT PUBLIC PARTIC-
IPATION AND ASSISTANCE IS PROHIBITIVELY HIGH;
3. THAT THERE EXISTS THROUGHOUT THE STATE A SIGNIFICANT NUMBER OF
DWELLINGS WHICH ARE DETERIORATING AND ARE VACANT OR UNDERUTILIZED;
4. THAT THE EXISTENCE OF SUCH PROPERTIES CREATES A SERIOUS THREAT TO
THE HEALTH AND SAFETY OF PERSONS WHO LIVE IN OR NEAR THEM, LIMITS THE
AVAILABILITY OF DECENT AFFORDABLE HOUSING TO OTHERS, CONTRIBUTES TO THE
BLIGHT AND DETERIORATION OF NEIGHBORHOODS, AND DRAINS MUNICIPAL
RESOURCES AND EXPENDITURES; THE REHABILITATION OF THESE PROPERTIES WOULD
STEM THE DETERIORATION OF NEIGHBORHOODS AND PROMOTE THE PRESERVATION AND
CREATION OF SAFE AND SANITARY LOW-INCOME HOUSING;
5. THAT THE POTENTIAL EXISTS TO MAKE SUCH HOUSING AVAILABLE TO PERSONS
OF LOW INCOME THROUGH PROJECTS CARRIED OUT BY ELIGIBLE APPLICANTS TO
REHABILITATE THESE DWELLING ACCOMMODATIONS, BRING THEM INTO COMPLIANCE
WITH ALL APPLICABLE LAWS AND REGULATIONS, AND REMOVE ALL HAZARDOUS CODE
CONDITIONS;
6. THAT THE NEW CONSTRUCTION OF HOUSING FOR PERSONS OF LOW INCOME IN
AREAS IN WHICH REHABILITATION OPPORTUNITIES ARE LIMITED OR WHERE NEW
CONSTRUCTION WOULD PROVE TO BE MORE EFFECTIVE WOULD ALSO HELP SERVE THE
PURPOSES OF STABILIZING EXISTING LOW-INCOME COMMUNITIES;
7. THAT THE IMPLEMENTATION OF SUCH PROJECTS SERVES A SIGNIFICANT
PUBLIC PURPOSE AND MAY APPROPRIATELY BE PERFORMED BY ELIGIBLE APPLI-
CANTS;
8. THAT PAYMENT FOR SUCH SERVICES, TAX EXEMPTIONS AND OTHER PUBLIC
PARTICIPATION IN SUCH PROJECTS WOULD BRING DOWN THE COST OF SUCH HOUSING
AND MAKE IT AFFORDABLE TO LOW-INCOME PERSONS;
9. THAT IT IS THE POLICY OF THE STATE TO PRESERVE AND CREATE SUCH
HOUSING AND TO PROVIDE FOR THE AID, CARE AND SUPPORT OF THE NEEDY;
10. THAT NEW STATE RESOURCES MUST BE DIRECTED TO ALLEVIATE THE SHORT-
AGE OF AFFORDABLE HOUSING; AND
11. THAT NEW STATE RESOURCES SHOULD BE PROVIDED TO MAXIMIZE THE LEVER-
AGING OF FEDERAL AND LOCAL RESOURCES, AS WELL AS SUPPORT FROM THE
PRIVATE SECTOR.
S 1107-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ACCESSIBILITY" SHALL MEAN ACCESSIBLE UNITS THAT ARE MOVE-IN READY
FOR PEOPLE WITH PHYSICAL DISABILITIES, AS WELL AS THOSE WITH HEARING AND
VISUAL IMPAIRMENTS. ACCESSIBLE UNITS SHALL HAVE, AT THE MINIMUM, THE
FOLLOWING FEATURES INSTALLED: RODS, CABINETS AND SHELVES SHALL BE A
MAXIMUM OF FIFTY-FOUR INCHES ABOVE THE FINISHED FLOOR FOR A SIDE
APPROACH. THERE SHALL BE SIXTY INCHES FLOOR CLEARANCES IN THE KITCHEN
AND BATHROOM FOR A WHEELCHAIR TO COMPLETE A ONE HUNDRED EIGHTY-DEGREE
TURN, AND THIRTY-SIX INCHES CONTINUOUS WIDTH GROUND FLOOR HALLS AND
DOORWAYS FOR WHEELCHAIR PASSAGE. ACCESSIBLE UNITS SHALL BE IN COMPLIANCE
WITH THE APPLICABLE STANDARDS SET FORTH IN THE BUILDING CODE OF NEW YORK
STATE, NEW YORK CITY BUILDING CODE, SECTION 504 OF THE REHABILITATION
ACT OF 1973, THE FEDERAL FAIR HOUSING ACT AND THEIR RESPECTIVE REGU-
LATIONS AND GUIDELINES.
2. "ADAPTABILITY" SHALL MEAN ADAPTABLE FEATURES THAT CAN BE CONVERTED
INTO ACCESSIBLE UNITS EASILY BY UNSKILLED LABOR WITHOUT STRUCTURAL OR
MATERIAL CHANGES. EXAMPLES INCLUDE COUNTERTOPS OR CLOSET RODS WHOSE
HEIGHT IS ADJUSTABLE, REMOVABLE CABINETS AND WALL REINFORCEMENTS IN
PLACE FOR GRAB BAR INSTALLATION. ADAPTABLE UNITS SHALL BE IN COMPLIANCE
S. 5727 3
WITH THE APPLICABLE STANDARDS SET FORTH IN THE BUILDING CODE OF NEW YORK
STATE, NEW YORK CITY BUILDING CODE, SECTION 504 OF THE REHABILITATION
ACT OF 1973, THE FEDERAL FAIR HOUSING ACT AND THEIR RESPECTIVE REGU-
LATIONS AND GUIDELINES.
3. "ADVOCACY ORGANIZATION" SHALL MEAN A NOT-FOR-PROFIT ORGANIZATION
WHICH CONDUCTS, IN PART OR IN WHOLE, ACTIVITIES TO INFLUENCE PUBLIC
POLICY ON BEHALF OF LOW-INCOME OR VERY LOW-INCOME HOUSEHOLDS.
4. "AFFORDABLE HOUSING" SHALL MEAN RESIDENTIAL HOUSING THAT, SO LONG
AS THE SAME IS OCCUPIED BY LOW-INCOME HOUSEHOLDS, VERY LOW-INCOME HOUSE-
HOLDS, OR EXTREMELY LOW-INCOME HOUSEHOLDS REQUIRES PAYMENT OF MONTHLY
HOUSING COSTS, INCLUDING UTILITIES OTHER THAN TELEPHONE, OF NO MORE THAN
FORTY PERCENT OF THE FAMILY'S INCOME AS STATED FOR SUCH HOUSEHOLDS AS
DEFINED IN THIS SECTION.
5. "COMMISSION" SHALL MEAN THE HOUSING INVESTMENT FUND ADVISORY
COMMISSION.
6. "COMMUNITY-BASED ORGANIZATION" SHALL MEAN A NOT-FOR-PROFIT ENTITY
WHOSE GOVERNING BODY INCLUDES A MAJORITY OF MEMBERS WHO RESIDE IN THE
COMMUNITY SERVED BY THE ORGANIZATION.
7. "FUND" SHALL MEAN THE EMPIRE STATE HOUSING INVESTMENT FUND ESTAB-
LISHED PURSUANT TO SECTION ELEVEN HUNDRED SEVEN-B OF THIS ARTICLE.
8. "ELIGIBLE APPLICANT" SHALL MEAN A PROPRIETORSHIP, PARTNERSHIP,
FOR-PROFIT CORPORATION, NOT-FOR-PROFIT CORPORATION OR UNIT OF LOCAL
GOVERNMENT WHICH SEEKS TO USE FUND RESOURCES AS PROVIDED FOR IN THIS
ARTICLE.
9. "EXTREMELY LOW-INCOME HOUSEHOLD" SHALL MEAN A SINGLE PERSON, FAMILY
OR UNRELATED PERSONS LIVING TOGETHER WHOSE ADJUSTED INCOME IS LESS THAN
THIRTY PERCENT OF THE MEDIAN INCOME OF THE AREA OF RESIDENCE, ADJUSTED
FOR FAMILY SIZE, AS SUCH ADJUSTED INCOME AND MEDIAN INCOME FOR THE AREA
ARE DETERMINED FROM TIME TO TIME BY THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR PURPOSES OF SECTION 8 OF THE UNITED
STATES HOUSING ACT OF 1937.
10. "LOCAL HOUSING TRUST FUND" OR "TRUST FUND" SHALL MEAN AN AFFORDA-
BLE HOUSING PROGRAM ESTABLISHED BY A TOWN, VILLAGE, CITY, COUNTY, OTHER
LOCAL JURISDICTION, OR MULTI-JURISDICTIONAL ENTITY.
11. "LOCAL RESOURCES" SHALL MEAN THAT THE LOCAL HOUSING TRUST FUND
(LHTF) RECEIVES DEDICATED CASH CONTRIBUTIONS AND/OR DONATED PROPERTY. TO
BE CONSIDERED ELIGIBLE AS A LOCAL RESOURCE, THE FOLLOWING CONDITIONS
MUST BE MET:
(A) DOCUMENTATION OF CONTRIBUTIONS ALREADY RECEIVED, AN ADOPTED RESOL-
UTION OR ORDINANCE, AND/OR A WRITTEN LETTER OF COMMITMENT FROM THE
SOURCE PROVIDING THE CONTRIBUTION TO THE LHTF MUST BE PROVIDED AT THE
TIME OF APPLICATION (THE SUBMITTED DOCUMENTATION MUST PROVIDE EVIDENCE
OF THE SOURCE PROVIDING THE LOCAL MATCH CONTRIBUTION TO THE LHTF AND
MUST SPECIFY THE TYPE AND AMOUNT OF THE CONTRIBUTION, INCLUDING THE
SPECIFIED VALUE OF ANY DONATED PROPERTY OR SERVICES);
(B) THE LHTF MUST BE THE DIRECT RECIPIENT OF THE CONTRIBUTION WITH
CONTROL OVER ITS EXPENDITURE AND/OR USE;
(C) NO MORE THAN TEN PERCENT OF THE TOTAL RESOURCES MAY BE ASSOCIATED
WITH THE GENERAL ADMINISTRATIVE EXPENSES OF THE LHTF; AND
(D) THE PROPOSED LOCAL CONTRIBUTION MUST NOT HAVE BEEN USED TO QUALIFY
FOR A PRIORITY IN ANY PRIOR APPLICATION TO SUCH FUND.
12. "LOW-INCOME CENSUS TRACT" SHALL MEAN A CENSUS TRACT IN WHICH AT
LEAST FIFTY-ONE PERCENT OF HOUSEHOLDS HAVE INCOMES AT OR BELOW EIGHTY
PERCENT OF THE MEDIAN INCOME OF THE AREA OF RESIDENCE AND IS THE SUBJECT
OF A LOCAL REDEVELOPMENT PLAN.
S. 5727 4
13. "LOW-INCOME HOUSEHOLD" SHALL MEAN A SINGLE PERSON, FAMILY OR UNRE-
LATED PERSONS LIVING TOGETHER WHOSE ADJUSTED INCOME IS MORE THAN FIFTY
PERCENT BUT LESS THAN EIGHTY PERCENT OF THE MEDIAN INCOME OF THE AREA OF
RESIDENCE, ADJUSTED FOR FAMILY SIZE, AS SUCH ADJUSTED INCOME AND MEDIAN
INCOME FOR THE AREA ARE DETERMINED FROM TIME TO TIME BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR PURPOSES OF
SECTION 8 OF THE UNITED STATES HOUSING ACT OF 1937.
14. "MODERATE INCOME HOUSEHOLD" SHALL MEAN A SINGLE PERSON, FAMILY OR
UNRELATED PERSONS LIVING TOGETHER WHOSE ADJUSTED INCOME IS MORE THAN
EIGHTY PERCENT BUT LESS THAN ONE HUNDRED TWENTY PERCENT OF THE MEDIAN
INCOME OF THE AREA OF RESIDENCE, ADJUSTED FOR FAMILY SIZE, AS SUCH
ADJUSTED INCOME AND MEDIAN INCOME FOR THE AREA ARE DETERMINED FROM TIME
TO TIME BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR PURPOSES OF SECTION 8 OF THE UNITED STATES HOUSING ACT OF 1937.
15. "MULTI-FAMILY HOUSING" SHALL MEAN A BUILDING OR BUILDINGS PROVID-
ING HOUSING TO THREE OR MORE HOUSEHOLDS.
16. "NEW YORK CITY" SHALL MEAN THE COUNTIES OF NEW YORK, BRONX, KINGS,
QUEENS, AND RICHMOND.
17. "POVERTY LEVEL HOUSEHOLD" SHALL MEAN A SINGLE PERSON, FAMILY OR
UNRELATED PERSONS LIVING TOGETHER WHOSE ADJUSTED INCOME IS BELOW ONE
HUNDRED FORTY PERCENT OF THE FEDERAL POVERTY LEVEL, AS DETERMINED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
18. "PROGRAM ADMINISTRATOR" SHALL MEAN THE HOUSING FINANCE AGENCY.
19. "REHABILITATION" SHALL MEAN ALL WORK NECESSARY TO BRING A RESIDEN-
TIAL PROPERTY INTO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS
INCLUDING, BUT NOT LIMITED TO, THE INSTALLATION, REPLACEMENT OR REPAIR
OF HEATING, PLUMBING, ELECTRICAL AND RELATED SYSTEMS AND THE ELIMINATION
OF ALL HAZARDOUS VIOLATIONS IN THE STRUCTURE. REHABILITATION MAY ALSO
INCLUDE RECONSTRUCTION OR WORK TO IMPROVE THE HABITABILITY OR PROLONG
THE USEFUL LIFE OF A RESIDENTIAL PROPERTY.
20. "RURAL COMMUNITY" SHALL MEAN A RURAL COMMUNITY IN ANY CITY, TOWN
OR VILLAGE WITHIN THE STATE HAVING A POPULATION OF LESS THAN TWENTY-FIVE
THOUSAND.
21. "TRUST FUND MONEYS" SHALL MEAN ALL MONEYS, DEPOSITS, REVENUES,
INCOME, INTEREST, DIVIDENDS, RECEIPTS, TAXES, PROCEEDS AND OTHER AMOUNTS
OR FUNDS DEPOSITED OR TO BE DEPOSITED IN THE FUND PURSUANT TO SECTION
ELEVEN HUNDRED SEVEN-B OF THIS ARTICLE AND ANY PROCEEDS, INVESTMENTS OR
INCREASE THEREOF.
22. "VISITABILITY" SHALL MEAN A UNIT THAT INCLUDES GROUND FLOOR
FEATURES THAT PROVIDE ENOUGH ACCESS TO MAKE IT USABLE, COMFORTABLE, AND
SAFE FOR RESIDENTS AND VISITORS, WITH OR WITHOUT DISABILITIES. MINIMAL
FEATURES INCLUDE AT LEAST ONE NO-STEP ENTRY ON AN ACCESSIBLE ROUTE, ALL
INTERIOR PASSAGE DOORS ON THE GROUND FLOOR OF THE HOME PROVIDING A MINI-
MUM OF THIRTY-TWO INCHES OF CLEAR PASSAGE SPACE, ELECTRICAL AND CLIMATE
CONTROLS AT REACHABLE HEIGHTS, AT LEAST A HALF-BATH ON THE GROUND FLOOR
OF THE UNIT LARGE ENOUGH TO ACCOMMODATE A PERSON IN A WHEELCHAIR AND
ALLOW THAT PERSON TO CLOSE THE DOOR, AND WALL REINFORCEMENTS IN PLACE
FOR GRAB BAR INSTALLATION. AT SUCH TIME AS THE AMERICAN NATIONAL STAND-
ARDS INSTITUTE SHALL INCLUDE STANDARDS FOR VISITABILITY, THOSE STANDARDS
SHALL SUPERSEDE THE PRECEDING DEFINITIONS.
23. "UPSTATE CITIES" SHALL MEAN ANY CITY, TOWN, OR VILLAGE WITH A
POPULATION OF AT LEAST TWENTY-FIVE THOUSAND OUTSIDE OF THE COUNTIES OF
THE NEW YORK CITY METROPOLITAN AREA.
24. "VERY LOW-INCOME HOUSEHOLD" SHALL MEAN A SINGLE PERSON, FAMILY OR
UNRELATED PERSONS LIVING TOGETHER WHOSE ADJUSTED INCOME IS NOT MORE THAN
FIFTY PERCENT OF THE MEDIAN INCOME OF THE AREA OF RESIDENCE, ADJUSTED
S. 5727 5
FOR FAMILY SIZE, AS SUCH ADJUSTED INCOME AND MEDIAN INCOME FOR THE AREA
ARE DETERMINED FROM TIME TO TIME BY THE UNITES STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR PURPOSES OF SECTION 8 OF THE UNITED
STATES HOUSING ACT OF 1937.
S 1107-B. EMPIRE HOUSING INVESTMENT FUND ESTABLISHED. 1. THERE IS
HEREBY CREATED THE EMPIRE STATE HOUSING INVESTMENT FUND TO DEDICATE
PUBLIC RESOURCES TO EXPAND THE SUPPLY OF AFFORDABLE HOUSING AND MEET THE
HOUSING NEEDS OF LOW-INCOME HOUSEHOLDS IN THE STATE OF NEW YORK. SUCH
FUND SHALL BE HELD AS A SEPARATE FUND WITHIN THE STATE TREASURY, ADMIN-
ISTERED BY THE PROGRAM ADMINISTRATOR, WITH ADVICE AND OVERSIGHT BY THE
COMMISSION ESTABLISHED IN SECTION ELEVEN HUNDRED SEVEN-I OF THIS ARTI-
CLE.
2. THERE SHALL BE DEPOSITED IN THE TRUST FUND SUCH AMOUNTS AS MAY
BECOME AVAILABLE UNDER THE PROVISIONS OF THIS ARTICLE, INCLUDING, BUT
NOT LIMITED TO:
(A) THE ACTUAL OR ESTIMATED EXCESS BALANCE OF THE MORTGAGE INSURANCE
FUND CERTIFIED PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-FOUR
HUNDRED TWENTY-NINE-B OF THE PUBLIC AUTHORITIES LAW;
(B) GRANTS RECEIVED BY THE STATE PURSUANT TO THE NATIONAL HOUSING
TRUST FUND ESTABLISHED BY SECTION 1338 OF THE HOUSING AND ECONOMIC
RECOVERY ACT OF 2008;
(C) ANY APPROPRIATIONS, GRANTS, OR GIFTS OF FUNDS OR PROPERTY, OR
FINANCIAL OR OTHER AID FROM ANY FEDERAL OR STATE AGENCY, OR OTHER PUBLIC
ORGANIZATION OR PRIVATE INDIVIDUAL OR ENTITY MADE TO THE TRUST FUND;
(D) ALL RECEIPTS, INCLUDING DIVIDENDS, PRINCIPAL AND INTEREST ON
REPAYMENTS ATTRIBUTABLE TO ANY LOANS OR AGREEMENTS FUNDED FROM THE TRUST
FUND;
(E) ANY INCOME RECEIVED AS A RESULT OF THE INVESTMENT OF MONEYS IN THE
TRUST FUND; AND
(F) ALL FEES OR CHARGES COLLECTED BY THE PROGRAM ADMINISTRATOR PURSU-
ANT TO THIS ARTICLE;
3. UNENCUMBERED AND UNOBLIGATED MONEYS REMAINING IN THE TRUST FUND AT
THE CLOSE OF EACH FISCAL YEAR SHALL REMAIN AVAILABLE FOR EXPENDITURE FOR
THE SAME PURPOSES IN THE SUCCEEDING FISCAL YEAR.
S 1107-C. DISTRIBUTION REQUIREMENTS. 1. UP TO SIXTY PERCENT OF AVAIL-
ABLE MONEYS IN THE FUND MAY BE AWARDED ON A COMPETITIVE BASIS TO LOCAL
HOUSING TRUST FUNDS CERTIFIED PURSUANT TO SECTION ELEVEN HUNDRED SEVEN-D
OF THIS ARTICLE. NO LOCAL HOUSING TRUST FUND SHALL RECEIVE AN AWARD
GREATER THAN TEN PERCENT OF THE FUNDING BALANCE AVAILABLE UNDER THIS
SUBDIVISION. PREFERENCE FOR FUNDING SHALL BE GIVEN TO:
(A) LOCAL HOUSING TRUST FUNDS CREATED JOINTLY BY TWO OR MORE MUNICI-
PALITIES FOR THE PURPOSE OF CREATING MIXED-INCOME, ACCESSIBLE COMMUNI-
TIES AND ESTABLISHING AFFORDABLE HOUSING OPPORTUNITIES EQUITABLY
THROUGHOUT THE PARTICIPATING JURISDICTIONS; OR
(B) LOCAL HOUSING TRUST FUNDS THAT RECEIVE DEDICATED LOCAL RESOURCES,
INCLUDING BUT NOT LIMITED TO PUBLIC OR PRIVATE FUNDING, PUBLIC PROPERTY,
AND INFRASTRUCTURE INVESTMENTS.
2. AT LEAST FORTY PERCENT OF AVAILABLE MONEYS IN THE FUND SHALL BE
AWARDED DIRECTLY TO PROJECT APPLICANTS ON A COMPETITIVE BASIS. DURING
EACH FISCAL YEAR IN WHICH FUNDS ARE AVAILABLE, THE PROGRAM ADMINISTRATOR
SHALL ANNOUNCE PUBLICLY AT LEAST TWICE ANNUALLY A FUNDING APPLICATION
PERIOD OF AT LEAST SIXTY DAYS DURATION. THE PROGRAM ADMINISTRATOR SHALL
DEVELOP, WITH ADVICE AND INPUT FROM THE COMMISSION ESTABLISHED PURSUANT
TO SECTION ELEVEN HUNDRED SEVEN-I OF THIS ARTICLE, CRITERIA TO EVALUATE
APPLICATIONS FOR ASSISTANCE PURSUANT TO SECTION ELEVEN HUNDRED SEVEN-E
OF THIS ARTICLE.
S. 5727 6
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
THE PROGRAM ADMINISTRATOR MAY AWARD LIMITED FUNDS ON AN EMERGENCY BASIS
WHERE NECESSARY TO PRESERVE EXISTING AFFORDABLE HOUSING.
4. EACH YEAR, THE PROGRAM ADMINISTRATOR SHALL DETERMINE THE AMOUNT OF
FUNDS ALLOCATED TO LOCAL HOUSING TRUST FUNDS PURSUANT TO SUBDIVISION ONE
OF THIS SECTION AND CERTIFY ANY UNUSED FUNDS TO BE AVAILABLE FOR PROJECT
AWARDS PURSUANT TO SUBDIVISION TWO OF THIS SECTION PRIOR TO THE END OF
THE FISCAL YEAR.
5. NO MORE THAN FIFTY PERCENT OF TOTAL FUNDS SHALL BE ALLOCATED TO ANY
ONE MUNICIPALITY.
6. IN MAKING AWARDS PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS
SECTION, TO THE EXTENT FEASIBLE, THE FUND WILL ALLOCATE RESOURCES TO
MEET HOUSING NEEDS AND ACHIEVE A GEOGRAPHIC DISTRIBUTION OF FUNDING
ACROSS THE STATE.
7. IN MAKING GRANTS OR LOANS UNDER SUBDIVISIONS ONE AND TWO OF THIS
SECTION, THE PROGRAM ADMINISTRATOR AND THE ADMINISTRATOR OF ANY RECIPI-
ENT LOCAL HOUSING TRUST FUND SHALL GIVE PRIORITY TO:
(A) UNITS THAT SERVE HOUSEHOLDS WITH THE LOWEST INCOMES;
(B) PROJECTS OR UNITS THAT IMPROVE CONDITIONS IN EXISTING LOW-INCOME
COMMUNITIES AND AVOID DISPLACEMENT OF LOW-INCOME PEOPLE;
(C) MIXED-INCOME, MIXED COMMUNITY, OR MIXED USE PROJECTS; AND
(D) PROJECTS THAT EXCEED THE MINIMUM ACCESSIBILITY REQUIREMENTS ESTAB-
LISHED IN SECTION 504 OF THE REHABILITATION ACT.
S 1107-D. LOCAL HOUSING TRUST FUNDS CERTIFICATION AND ELIGIBILITY FOR
FUNDING. 1. LOCAL HOUSING TRUST FUNDS SHALL APPLY TO THE PROGRAM ADMIN-
ISTRATOR ANNUALLY TO BE CERTIFIED TO RECEIVE SUPPORT FROM THE TRUST
FUND.
2. TO BE CERTIFIED, A LOCAL HOUSING TRUST FUND MUST:
(A) IN THE CASE OF NON-GOVERNMENTAL ENTITIES, SUBMIT ORGANIZATIONAL
DOCUMENTS, INCLUDING ARTICLES OF INCORPORATION, BYLAWS, RESOLUTIONS,
OPERATING AGREEMENTS, PARTNERSHIP AGREEMENTS, IRS 501(C)(3) LETTERS, AND
A CURRENT LISTING OF ALL MEMBERS OF THE LHTF'S BOARD OF DIRECTORS,
INCLUDING NAME, ADDRESS, BEGINNING AND ENDING DATES OF TERM, AND, AS
APPLICABLE, WHETHER THE BOARD MEMBER IS A PUBLIC OFFICIAL AND/OR AFFIL-
IATED WITH LOCAL GOVERNMENT AND, IF SO, IN WHAT CAPACITY;
(B) IN THE CASE OF GOVERNMENTAL ENTITIES, HAVE ESTABLISHED A COMMUNITY
ADVISORY BOARD, AND PROVIDE A CURRENT LISTING OF ALL MEMBERS, INCLUDING
NAME, ADDRESS, BEGINNING AND ENDING DATES OF TERM, AND, AS APPLICABLE,
WHETHER THE BOARD MEMBER IS A PUBLIC OFFICIAL AND/OR AFFILIATED WITH
LOCAL GOVERNMENT AND, IF SO, IN WHAT CAPACITY;
(C) PRODUCE AND/OR PRESERVE AFFORDABLE HOUSING AS ITS PRIMARY MISSION;
(D) CONVENE REGULARLY SCHEDULED MEETINGS AT WHICH MINUTES ARE KEPT;
(E) HOLD AT LEAST ONE PUBLIC HEARING A YEAR IN ORDER TO SOLICIT
COMMENTS FROM THE PUBLIC AS TO ITS ANNUAL PLAN AND BUDGET, ANY APPLICA-
TION OR APPLICATIONS TO BE SUBMITTED TO THE FUND, THE TYPE OF PROJECT OR
PROJECTS THAT WILL BE FINANCED, AND HOW SUCH FUNDS SHOULD BE ALLOCATED;
(F) IN THE CASE OF A MULTI-JURISDICTIONAL LOCAL HOUSING TRUST FUND,
HAVE INSTITUTED A LOCAL GOVERNING BOARD RECOGNIZED BY THE COUNTY OR
COUNTIES AND/OR INCORPORATED CITY OR CITIES IN THE GEOGRAPHIC AREA THE
LHTF SERVES THAT IS RESPONSIBLE FOR COORDINATING LOCAL HOUSING PROGRAMS.
A RESOLUTION OR ORDINANCE FROM EACH COUNTY AND/OR INCORPORATED CITY THAT
WILL BE PARTICIPATING IN THE LHTF IS REQUIRED;
(G) DEMONSTRATE SUPPORT FROM OTHER LOCAL ENTITIES, INCLUDING BUT NOT
LIMITED TO LOCAL GOVERNMENT ENTITIES, NONPROFIT ORGANIZATIONS, NEIGHBOR-
HOOD ORGANIZATIONS, FOR-PROFIT HOUSING ORGANIZATIONS, AND LOCAL SERVICE
PROVIDERS IN THE FORM OF RESOLUTIONS OR LETTERS OF SUPPORT;
S. 5727 7
(H) DEMONSTRATE THAT IT POSSESSES SUFFICIENT ADMINISTRATIVE CAPACITY
TO REDISTRIBUTE ANY FUNDS AWARDED AND THE EXPERIENCE NECESSARY TO
SUCCESSFULLY PLAN AND EXECUTE THE PROPOSED ACTIVITIES IN A TIMELY
MANNER; AND
(I) SUBMIT A HOUSING PLAN, UPDATED BIANNUALLY, THAT:
(I) DEFINES THE ENTIRE GEOGRAPHIC AREA THE APPLICANT SERVES;
(II) IDENTIFIES GAPS IN HOUSING NEEDS AND THE SPECIFIC ACTIVITIES
PROPOSED TO ADDRESS THEM, INCLUDING ANY PRIORITIES THAT HAVE BEEN IDEN-
TIFIED;
(III) DESCRIBES THE ECONOMIC, SOCIAL, HEALTH AND/OR OTHER BENEFITS
THAT ARE ANTICIPATED TO RESULT IN THE DEFINED GEOGRAPHIC AREA;
(IV) IDENTIFIES HOW PROPOSED ACTIVITIES WILL ACT TO AVOID DISPLACEMENT
AND IMPROVE CONDITIONS IN AREAS WITH CONCENTRATED POPULATIONS OF LOW-IN-
COME RESIDENTS;
(V) IDENTIFIES THE TYPES OF PROJECTS OR ACTIVITIES IN WHICH THE FUND
WILL INVEST; THE TYPES OF INVESTMENTS THE FUND WILL MAKE (LOANS OR
GRANTS); REQUIRED TERMS AND CONDITIONS OF THE INVESTMENT, INCLUDING
SECURITY, REGULATORY AGREEMENTS, AND/OR PERIODS OF AFFORDABILITY;
(VI) FUNDING LIMITS PER UNIT OR PER PROJECT;
(VII) INCOME LIMITS AND/OR TARGETING GOALS;
(VIII) DEVELOPER/OWNER ELIGIBILITY REQUIREMENTS;
(IX) UNDERWRITING REQUIREMENTS; AND
(X) BORROWER OR PROJECT MATCHING OR LEVERAGE REQUIREMENTS.
3. INFORMATION NECESSARY TO ESTABLISH SATISFACTION OF THESE REQUIRE-
MENTS MUST BE SUBMITTED TO THE PROGRAM ADMINISTRATOR, AS SET FORTH IN
PROGRAM RULES AND REGULATIONS PROMULGATED BY THE PROGRAM ADMINISTRATOR.
4. THE PROGRAM ADMINISTRATOR SHALL NOTIFY THE LOCAL HOUSING TRUST FUND
APPLICANT OF ITS APPROVAL FOR CERTIFICATION OR THE REASONS FOR DENIAL.
5. THE PROGRAM ADMINISTRATOR SHALL MAINTAIN A LIST OF CERTIFIED LOCAL
HOUSING TRUST FUNDS ON ITS WEB SITE.
6. THE PROGRAM ADMINISTRATOR SHALL REVIEW EACH APPLICATION FOR AN
AWARD FROM THE FUND INDEPENDENTLY FROM THE REQUEST FOR CERTIFICATION. A
LHTF APPLICANT THAT HAS BEEN CERTIFIED MAY OR MAY NOT MEET THE PARTIC-
ULAR PROGRAM GUIDELINES FOR AN AWARD FROM THE FUND.
S 1107-E. PROJECTS ELIGIBLE FOR ASSISTANCE. 1. THE FUND MAY BE USED
TO MAKE GRANTS, MORTGAGES, OR OTHER LOANS TO ACQUIRE, CONSTRUCT, REHA-
BILITATE, DEVELOP, PRESERVE, AND INSURE AFFORDABLE SINGLE-FAMILY AND
MULTI-FAMILY HOUSING FOR LOW-INCOME, VERY LOW-INCOME, EXTREMELY LOW-IN-
COME, AND POVERTY-LEVEL HOUSEHOLDS. PRIORITY FOR FUNDING SHALL GO TO
PROJECTS SERVING POVERTY-LEVEL HOUSEHOLDS.
2. FUNDS FROM THE FUND MAY BE PROVIDED AS GRANTS OR LOANS TO SUPPORT
SITE PREPARATION, INCLUDING DEMOLITION OF VACANT AND BLIGHTED PROPER-
TIES, OF AFFORDABLE HOUSING PROJECTS FOR LOW-INCOME, VERY LOW-INCOME,
EXTREMELY LOW-INCOME, AND POVERTY-LEVEL HOUSEHOLDS.
3. NO MORE THAN FIVE PERCENT OF FUNDS DEPOSITED IN THE FUND ANNUALLY
MAY BE USED TO SUBSIDIZE OPERATING AND MAINTENANCE EXPENSES TO MAKE
HOUSING UNITS AFFORDABLE TO POVERTY-LEVEL HOUSEHOLDS.
4. THE FUND MAY BE USED TO MAKE GRANTS TO NON-PROFIT ORGANIZATIONS
FOR:
(A) THE PROVISION OF TECHNICAL ASSISTANCE;
(B) OUTREACH; AND
(C) BUILDING AN ORGANIZATION'S CAPACITY TO DEVELOP AFFORDABLE HOUSING
PROJECTS FOR LOW-INCOME, VERY LOW-INCOME, EXTREMELY LOW-INCOME, AND
POVERTY-LEVEL HOUSEHOLDS.
5. FUNDING MAY BE USED TO FINANCE OR OTHERWISE SUPPORT UP TO TWENTY
PERCENT OF THE UNITS AFFORDABLE TO HOUSEHOLDS WITH INCOMES UP TO ONE
S. 5727 8
HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME IN A MIXED-INCOME HOUS-
ING PROJECT THAT IS LOCATED IN A LOW-INCOME CENSUS TRACT.
6. ALL MULTI-FAMILY NEW CONSTRUCTION PROJECTS RECEIVING FUND ASSIST-
ANCE SHALL MEET ADAPTABILITY STANDARDS.
7. FUND ASSISTANCE FOR EXISTING HOMES MAY BE USED TO PROVIDE HOME
MODIFICATIONS TO MAKE A HOME ACCESSIBLE TO A RESIDENT OF ANY AGE WITH A
DISABILITY.
8. ALL NEW CONSTRUCTION OF SINGLE FAMILY HOMES SHALL MEET VISITABILITY
STANDARDS.
9. NO MORE THAN TEN PERCENT OF FUND RESOURCES ANNUALLY MAY BE USED TO
ADMINISTER THE FUND. THE TRUST FUND MAY BE USED TO PAY ACTUAL AND
REASONABLE COSTS FOR COMMISSION MEMBERS TO ATTEND COMMISSION MEETINGS,
AND ANY LITIGATION COSTS AND EXPENSES, INCLUDING LEGAL FEES, INCURRED BY
THE PROGRAM ADMINISTRATOR IN ANY LITIGATION RELATED TO THIS ARTICLE OR
ITS ACTION AS PROGRAM ADMINISTRATOR.
S 1107-F. RESTRICTIONS AND STIPULATIONS. 1. ALL HOUSING FINANCED AND
ALL ASSISTANCE PROVIDED FROM THE FUND SHALL BE AVAILABLE TO ALL ELIGIBLE
PERSONS REGARDLESS OF RACE, COLOR, ANCESTRY, FAMILIAL STATUS, MARITAL
STATUS, NATIONAL ORIGIN, RELIGION, CREED, SEX, AGE, SEXUAL ORIENTATION,
OR DISABILITY.
2. THERE SHALL BE, ON ALL ASSISTED HOUSING, A DEED RESTRICTION, AGREE-
MENT, OR OTHER LEGAL DOCUMENT WHICH PROVIDES THAT HOUSING ASSISTED UNDER
THIS ARTICLE SHALL REMAIN AFFORDABLE FOR A PERIOD OF NOT LESS THAN NINE-
TY-NINE YEARS. THE PROGRAM ADMINISTRATOR SHALL ESTABLISH A FORMULA TO
PROVIDE HOMEOWNERS IN ASSISTED PROJECTS WITH A PORTION OF THE EQUITY
THAT HAS ACCRUED IN THE PROPERTY.
3. LOANS MADE BY THE FUND MAY BE AT NO INTEREST OR AT BELOW MARKET
INTEREST RATES, WITH OR WITHOUT SECURITY, AND MAY INCLUDE LOANS FOR
PREDEVELOPMENT FINANCING.
4. ASSISTANCE MAY BE PROVIDED FOR HOUSING UNITS FOR LOW-INCOME, VERY
LOW-INCOME, EXTREMELY LOW-INCOME, AND POVERTY-LEVEL HOUSEHOLDS WITHIN
MULTI-FAMILY HOUSING WHICH IS ALREADY OCCUPIED PARTLY BY SUCH HOUSEHOLDS
AND PARTLY BY HOUSEHOLDS NOT QUALIFYING AS HAVING INCOMES AT LOW-INCOME
LEVEL OR LESS, SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE
PROGRAM ADMINISTRATOR.
5. MULTI-FAMILY HOUSING ASSISTED BY THE FUND SHALL BE PROHIBITED FROM
REFUSING TO ACCEPT TENANTS FOR OCCUPANCY SOLELY BECAUSE THE TENANT
RECEIVES GOVERNMENTAL RENTAL ASSISTANCE.
6. THE ASSISTED PROJECT SHALL NOT RESULT IN THE PERMANENT DISPLACEMENT
OF LOW OR MODERATE INCOME RESIDENTS. ANY TEMPORARY RELOCATION OF RESI-
DENTS MUST BE CARRIED OUT IN ACCORDANCE WITH A TEMPORARY RELOCATION PLAN
AS SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO THIS SECTION, WHICH
SHALL PROVIDE THAT RESIDENTS THAT ARE TEMPORARILY RELOCATED MUST BE
OFFERED A DECENT, SAFE AND SANITARY DWELLING UNIT IN THE ASSISTED
PROJECT OR ANOTHER PROPERTY COMPARABLE TO THE TENANT'S AFFECTED UNIT.
IN THE EVENT THAT THE ASSISTED PROJECT INVOLVES A BROAD GEOGRAPHIC AREA,
THE UNIT TO BE OFFERED MUST BE LOCATED IN CLOSE PROXIMITY TO THE
AFFECTED UNIT. THE COST FOR RENT AND UTILITIES FOR THE UNIT OFFERED TO
RELOCATED TENANTS MUST NOT EXCEED THE GREATER OF THE TENANT'S COST OF
RENT AND UTILITIES AT THE TIME THAT A GRANT AGREEMENT IS EXECUTED OR
THIRTY PERCENT OF THE TENANT'S HOUSEHOLD INCOME.
7. HOUSING ASSISTED BY THE FUND SHALL BE REQUIRED TO MEET ENERGY EFFI-
CIENCY STANDARDS WHICH SHALL BE ESTABLISHED BY THE PROGRAM ADMINISTRA-
TOR. ANY REVIEW FOR AFFORDABILITY OF ASSISTED HOUSING MUST INCLUDE A
REVIEW OF ENERGY COSTS.
S. 5727 9
8. IT IS INTENDED THAT FUND MONIES NOT BE USED TO SUPPLANT EXISTING
RESOURCES.
S 1107-G. ELIGIBLE APPLICANTS. APPLICANTS ELIGIBLE TO RECEIVE FUND
ASSISTANCE UNDER THIS ARTICLE INCLUDE:
1. A NOT-FOR-PROFIT CORPORATION WHICH HAS THE IMPROVEMENT OF HOUSING
FOR PERSONS OF LOW-INCOME AS A PRIMARY PURPOSE, AND WHICH HAS BEEN IN
EXISTENCE FOR AT LEAST ONE YEAR PRIOR TO APPLICATION;
2. A PARTNERSHIP OF WHICH AT LEAST FIFTY PERCENT OF THE CONTROLLING
INTEREST IS HELD BY AN ELIGIBLE NOT-FOR-PROFIT CORPORATION OR CHARITABLE
ORGANIZATION OR WHOLLY-OWNED SUBSIDIARY THEREOF, AND WHICH HAS AGREED TO
LIMIT ITS PROFITS OR RATE OF RETURN OF INVESTORS IN ACCORDANCE WITH A
FORMULA APPROVED OR ESTABLISHED BY SUCH CORPORATION;
3. A FOR-PROFIT DEVELOPER, PROVIDED THAT SUCH ENTITIES SHALL ONLY BE
ELIGIBLE TO RECEIVE LOANS;
4. A MUNICIPALITY OR COUNTY;
5. A MUNICIPAL HOUSING AUTHORITY; AND
6. A TRUST FUND THAT MEETS THE CRITERIA SET FORTH IN SECTION ELEVEN
HUNDRED SEVEN-D OF THIS ARTICLE.
S 1107-H. DUTIES OF THE PROGRAM ADMINISTRATOR. THE PROGRAM ADMINIS-
TRATOR HAS THE POWER TO:
1. IDENTIFY, SELECT AND MAKE FINANCING AVAILABLE TO ELIGIBLE APPLI-
CANTS FROM MONIES IN THE TRUST FUND OR FROM MONIES SECURED BY THE TRUST
FUND FOR AFFORDABLE HOUSING FOR INCOME ELIGIBLE FAMILIES;
2. PURCHASE FIRST AND SECOND MORTGAGES, TO MAKE SECURED, UNSECURED OR
DEFERRED REPAYMENT LOANS, TO MAKE NO INTEREST OR LOW INTEREST LOANS OR
TO ISSUE GRANTS, PAYMENTS OR SUBSIDIES FOR THE PREDEVELOPMENT EXPENSES,
ACQUISITION, CONSTRUCTION, REHABILITATION, DEVELOPMENT, OPERATION,
INSURANCE, OR RETENTION OF PROJECTS IN SUPPORT OF AFFORDABLE SINGLE
FAMILY AND MULTI-FAMILY HOUSING FOR LOW- AND VERY LOW-INCOME HOUSEHOLDS;
3. FIX, DETERMINE, CHARGE AND COLLECT ANY FEES, COSTS AND EXPENSES,
INCLUDING WITHOUT LIMITATION, ANY APPLICATION FEES, COMMITMENT OR
SERVICING FEES, PROGRAM FEES, FINANCING CHARGES, OR PUBLICATION FEES IN
CONNECTION WITH ACTIVITIES UNDER THIS ARTICLE;
4. ESTABLISH APPLICATIONS, NOTIFICATION PROCEDURES, AND OTHER FORMS,
AND TO PREPARE AND ISSUE RULES DEEMED NECESSARY AND APPROPRIATE TO
IMPLEMENT THIS ARTICLE WITH CONSULTATION FROM THE COMMISSION;
5. MAKE AND ENTER INTO AND ENFORCE ALL LOANS, LOAN COMMITMENTS,
CONTRACTS AND AGREEMENTS NECESSARY, CONVENIENT OR DESIRABLE TO THE
PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS UNDER THIS
ARTICLE;
6. CONSENT, SUBJECT TO THE PROVISIONS OF ANY CONTRACT OR AGREEMENT
WITH ANOTHER PERSON, WHENEVER IT DEEMS IT IS NECESSARY OR DESIRABLE IN
THE FULFILLMENT OF THE PURPOSES OF THIS ARTICLE, TO THE MODIFICATION OR
RESTRUCTURING OF ANY LOAN COMMITMENT, LOAN, CONTRACT OR AGREEMENT TO
WHICH THE PROGRAM ADMINISTRATOR IS A PARTY;
7. SUBJECT TO THE PROVISIONS OF ANY CONTRACT OR AGREEMENT WITH ANOTHER
PARTY TO COLLECT, ENFORCE THE COLLECTION OF, AND FORECLOSE ON ANY PROP-
ERTY OR COLLATERAL SECURING ITS LOAN OR LOANS, MORTGAGE OR MORTGAGES,
AND ACQUIRE OR TAKE POSSESSION OF SUCH PROPERTY OR COLLATERAL AND
RELEASE OR RELINQUISH ANY RIGHT, TITLE, CLAIM, LIEN, INTEREST, EASEMENT,
OR DEMAND IN PROPERTY FORECLOSED BY IT OR TO SELL THE SAME AT PUBLIC OR
PRIVATE SALE, AND OTHERWISE DEAL WITH SUCH COLLATERAL AS MAY BE NECES-
SARY TO PROTECT THE INTEREST OF THE PROGRAM ADMINISTRATOR;
8. SELL ANY ELIGIBLE LOAN MADE BY THE PROGRAM ADMINISTRATOR OR MORT-
GAGE INTEREST OWNED BY IT, AT PUBLIC OR PRIVATE SALE, WITH OR WITHOUT
BIDDING, EITHER SINGLY OR IN GROUPS, OR IN SHARES OF LOANS OR SHARES OF
S. 5727 10
GROUPS OF LOANS, AND TO DEPOSIT AND INVEST THE FUNDS DERIVED FROM SUCH
SALES IN ANY MANNER AUTHORIZED BY THIS ARTICLE;
9. PROVIDE, CONTRACT OR ARRANGE, OR PARTICIPATE WITH OR ENTER INTO
AGREEMENTS WITH ANY DEPARTMENT, AGENCY OR AUTHORITY OF THE UNITED STATES
OR OF THIS STATE, OR ANY LOCAL UNIT OF GOVERNMENT, OR ANY BANKING INSTI-
TUTION, INSURANCE COMPANY, TRUST OR FIDUCIARY OR ANY FOUNDATION OR NOT-
FOR-PROFIT AGENCY FOR THE REVIEW, APPLICATION, SERVICING, PROCESSING OR
ADMINISTRATION OF ANY PROPOSED LOAN, GRANT, APPLICATION, OR CONTRACT
WHEN SUCH ARRANGEMENT IS IN FURTHERANCE OF THIS ARTICLE;
10. RECEIVE AND ACCEPT ANY GIFTS, GRANTS, DONATIONS OR CONTRIBUTIONS
FROM ANY SOURCE, OF MONEY, PROPERTY, LABOR OR OTHER THINGS OF VALUE, TO
BE HELD, USED AND APPLIED TO CARRY OUT THE PURPOSES OF THIS ARTICLE
SUBJECT TO INCLUDING, BUT NOT LIMITED TO, GIFTS OR GRANTS FROM ANY
DEPARTMENT OR AGENCY OF THE UNITED STATES OR THE STATE OR FROM ANY LOCAL
UNIT OF GOVERNMENT, NOT-FOR-PROFIT ORGANIZATION OR PRIVATE FIRM OR INDI-
VIDUAL FOR ANY PURPOSE CONSISTENT WITH THIS ARTICLE; AND
11. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY OR INCIDENTAL TO THE
ADMINISTRATION OF THIS ARTICLE OR PERFORMANCE OF DUTIES UNDER THIS ARTI-
CLE.
S 1107-I. EMPIRE STATE HOUSING INVESTMENT FUND ADVISORY COMMISSION
ESTABLISHED. 1. THERE IS HEREBY CREATED THE EMPIRE STATE HOUSING
INVESTMENT FUND ADVISORY COMMISSION. THE COMMISSION SHALL CONSIST OF
TWENTY-ONE MEMBERS, WHO SHALL BE RESIDENTS OF THE STATE AND SHOULD, TO
THE EXTEND POSSIBLE REFLECT THE DEMOGRAPHICS OF THE STATE WITH RESPECT
TO GEOGRAPHY, RACE, GENDER, AND URBAN-RURAL MIX, INCLUDING:
(A) EIGHT PUBLIC OFFICIALS APPOINTED AS FOLLOWS:
(I) THE DIRECTOR OF THE HOUSING FINANCE AGENCY, OR HIS OR HER DESIG-
NEE;
(II) THE COMMISSIONER OF THE DEPARTMENT OF HOUSING AND COMMUNITY
RENEWAL, OR HIS OR HER DESIGNEE;
(III) THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE, OR HIS OR HER DESIGNEE;
(IV) A MEMBER OF THE STATE ASSEMBLY, APPOINTED BY THE SPEAKER OF THE
ASSEMBLY;
(V) A MEMBER OF THE STATE SENATE, APPOINTED BY THE TEMPORARY PRESIDENT
OF THE SENATE;
(VI) A TOWN SUPERVISOR, APPOINTED BY THE TOWN COUNCIL OR TOWN BOARD;
(VII) A COUNTY EXECUTIVE, APPOINTED BY THE NEW YORK STATE ASSOCIATION
OF COUNTIES; AND
(VIII) A MAYOR, APPOINTED BY THE CONFERENCE OF MAYORS;
(B) THIRTEEN REPRESENTATIVES OF THE FOLLOWING CONSTITUENCIES,
APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE ASSEMBLY
AND SENATE, AND WHO SHALL BE RESIDENTS OF THE STATE AND, TO THE EXTENT
POSSIBLE, REFLECT THE DEMOGRAPHICS OF THE STATE WITH RESPECT TO
GEOGRAPHY, RACE, GENDER AND URBAN-RURAL MIX:
(I) A FOR-PROFIT DEVELOPER;
(II) A NON-PROFIT DEVELOPER;
(III) TWO ORGANIZERS FROM GRASSROOTS, COMMUNITY-BASED ORGANIZATIONS,
INCLUDING ONE ORGANIZER FROM NEW YORK CITY AND ONE ORGANIZER FROM
OUTSIDE OF THE NEW YORK CITY METROPOLITAN AREA;
(IV) A PUBLIC HOUSING AUTHORITY RESIDENT;
(V) A TENANTS' RIGHTS ADVOCATE;
(VI) A REPRESENTATIVE OF THE SUPPORTIVE HOUSING COMMUNITY;
(VII) A DISABILITY RIGHTS ADVOCATE;
(VIII) A REPRESENTATIVE OF THE HOMELESS COMMUNITY;
(IX) A REPRESENTATIVE FROM THE RURAL HOUSING COMMUNITY;
S. 5727 11
(X) A BANKING OR FINANCIAL SERVICES REPRESENTATIVE;
(XI) A HOMEOWNER; AND
(XII) AN ACADEMIC OR POLICY EXPERT WHO FOCUSES ON AFFORDABLE HOUSING
ISSUES.
2. FIVE OF THE THIRTEEN CONSTITUENCY REPRESENTATIVES SHALL BE
APPOINTED BY THE GOVERNOR; THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE SHALL EACH APPOINT FOUR OF THE CONSTITUENCY
REPRESENTATIVES. ALL SHALL BE RESIDENTS OF THE STATE AND SHOULD, TO THE
EXTENT POSSIBLE, REFLECT THE DEMOGRAPHICS OF THE STATE WITH RESPECT TO
GEOGRAPHY, RACE, GENDER, AND URBAN-RURAL MIX.
3. MEMBERS APPOINTED TO THE COMMISSION SHALL SERVE A TERM OF THREE
YEARS; HOWEVER, EIGHT MEMBERS FIRST APPOINTED UNDER THIS SECTION SHALL
SERVE AN INITIAL TERM OF ONE YEAR, AND TEN MEMBERS FIRST APPOINTED UNDER
THIS SECTION SHALL SERVE A TERM OF TWO YEARS. INDIVIDUAL TERMS OF OFFICE
SHALL BE CHOSEN BY LOT AT THE INITIAL MEETING OF THE COMMISSION.
4. THE GOVERNOR SHALL APPOINT THE CHAIR OF THE COMMISSION, AND THE
COMMISSION MEMBERS SHALL ELECT A VICE CHAIR.
5. MEMBERS OF THE COMMISSION SHALL NOT BE ENTITLED TO COMPENSATION,
BUT SHALL RECEIVE REIMBURSEMENT FOR ACTUAL AND REASONABLE EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
6. ELEVEN MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM FOR THE
TRANSACTION OF BUSINESS.
7. THE COMMISSION SHALL MEET AT LEAST QUARTERLY.
8. THE COMMISSION SHALL:
(A) ENCOURAGE COLLABORATION BETWEEN FEDERAL AND STATE AGENCIES, LOCAL
GOVERNMENTS, AND THE PRIVATE AND NOT-FOR-PROFIT SECTORS IN THE PLANNING,
DEVELOPMENT, AND OPERATION OF AFFORDABLE HOUSING AND LOCAL HOUSING TRUST
FUNDS;
(B) DEVELOP, PROPOSE, REVIEW AND COMMENT ON PRIORITIES, POLICIES, AND
PROCEDURES RELATING TO THE FUND, INCLUDING NEW AND EXPANDED REVENUE
SOURCES;
(C) REVIEW FUNDING AWARDS FOR COMPLIANCE WITH PROGRAM PRIORITIES;
(D) MONITOR AND EVALUATE THE FUNDING PROCESS AND COMPLIANCE WITH
REPORTING REQUIREMENTS; AND
(E) MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING PROGRAMMATIC
CHANGES AND REVENUE ENHANCEMENTS.
S 1107-J. ANNUAL REPORTING. 1. THE PROGRAM ADMINISTRATOR SHALL ISSUE
AN ANNUAL PUBLIC REPORT DETAILING THE FOLLOWING:
(A) THE AMOUNT OF MONEY RECEIVED AND EXPENDED FROM THE FUND DURING THE
FISCAL YEAR;
(B) THE NUMBER OF LOANS AND GRANTS MADE DURING THE FISCAL YEAR;
(C) THE NUMBER OF LOW-INCOME, VERY LOW-INCOME, AND EXTREMELY LOW-IN-
COME HOUSEHOLDS AND INDIVIDUALS ASSISTED THROUGH FUND EXPENDITURES;
(D) A LIST OF EACH PROJECT ON WHICH FUNDS FROM THE FUND WERE EXPENDED,
INCLUDING, FOR EACH PROJECT:
(I) A BRIEF DESCRIPTION OF THE PROJECT, INCLUDING THE NAME OF THE
PROJECT SPONSOR;
(II) THE AMOUNT OF MONEY EXPENDED ON THE PROJECT;
(III) WHETHER THE MONEY EXPENDED WAS IN THE FORM OF A LOAN OR GRANT;
(IV) THE GENERAL TERMS OF THE LOAN OR GRANT; AND
(V) TOTAL DEVELOPMENT COSTS, INCLUDING THE AMOUNT LEVERAGED BY EMPIRE
STATE HOUSING INVESTMENT FUNDING.
(E) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON HOMEOWNERSHIP
PROJECTS;
(F) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON RENTAL HOUSING
PROJECTS;
S. 5727 12
(G) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON RENTAL HOUSING OR
HOMEOWNERSHIP OPPORTUNITIES FOR HOUSEHOLDS WITH INCOMES AT OR BELOW
THIRTY PERCENT OF THE AREA MEDIAN INCOME;
(H) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON RENTAL HOUSING OR
HOMEOWNERSHIP OPPORTUNITIES FOR HOUSEHOLDS WITH INCOMES AT OR BELOW
FIFTY PERCENT OF THE AREA MEDIAN INCOME;
(I) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON RENTAL HOUSING OR
HOMEOWNERSHIP OPPORTUNITIES FOR HOUSEHOLDS WITH INCOMES AT OR BELOW
EIGHTY PERCENT OF THE AREA MEDIAN INCOME;
(J) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON RENTAL HOUSING OR
HOMEOWNERSHIP OPPORTUNITIES FOR HOUSEHOLDS WITH INCOMES AT OR BELOW ONE
HUNDRED FORTY PERCENT OF THE FEDERAL POVERTY LEVEL;
(K) THE AMOUNT AND PERCENTAGE OF FUNDS EXPENDED ON ACCESSIBLE AND
ADAPTABLE UNITS, AND THE NUMBER OF SUCH UNITS PRODUCED;
(L) THE NUMBER OF HOUSING UNITS ASSISTED, INCLUDING THE NUMBER OF
RENTAL HOUSING UNITS ASSISTED AND THE NUMBER OF HOMEOWNERSHIP UNITS
ASSISTED;
(M) THE PERCENTAGE OF UNITS CREATED THAT ARE LOCATED IN A BELOW MEDIAN
INCOME CENSUS TRACT AND CONTRIBUTE TO A DEVELOPED AND ACTIVE REVITALIZA-
TION PLAN; AND
(N) THE AMOUNT EXPENDED ON ADMINISTRATIVE COSTS DURING THE FISCAL
YEAR.
2. THE AGENCY SHALL ALSO EVALUATE, ON A PERIODIC BASIS, THE ECONOMIC
IMPACT OF THE FUND ON THE STATE AND LOCAL ECONOMIES.
S 1107-K. SEVERABILITY. IF ANY SECTION, PARAGRAPH, SENTENCE, CLAUSE,
WORD OR PHRASE OF THIS ORDINANCE, OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCE, IS FOR ANY REASON HELD TO BE INVALID OR UNEN-
FORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH DECISION SHALL
NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THIS ORDINANCE,
OR THEIR APPLICATION TO OTHER PERSONS OR CIRCUMSTANCES. IT IS HEREBY
DECLARED THAT THIS ORDINANCE AND EACH SECTION, PARAGRAPH, SENTENCE,
CLAUSE, WORD OR PHRASE THEREOF WOULD HAVE BEEN PASSED IRRESPECTIVE OF
ANY PROVISION BEING DECLARED UNCONSTITUTIONAL OR OTHERWISE INVALID.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.
