S T A T E O F N E W Y O R K
________________________________________________________________________
2592
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. V. LOPEZ, BING, KAVANAGH, BROOK-KRASNY, WRIGHT,
SPANO, ROBINSON -- Multi-Sponsored by -- M. of A. GLICK, GOTTFRIED,
MILLMAN, ROSENTHAL -- read once and referred to the Committee on Hous-
ing
AN ACT to amend the private housing finance law, in relation to notifi-
cation of tenants of pending "buy out" from mortgages by Mitchell-Lama
building owners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 35 of the private housing finance law is amended by
adding two new subdivisions 5 and 6 to read as follows:
5. (A) ANY COMPANY WHICH INTENDS TO DISSOLVE OR OTHERWISE TAKE ANY
ACTION WHICH WOULD CAUSE THE COMPANY TO NO LONGER BE SUBJECT TO SUPER-
VISION OF THE COMMISSIONER OR THE SUPERVISING AGENCY SHALL PROVIDE TO
EVERY LEASE HOLDER OF AN APARTMENT IN THE PROJECT OF SUCH COMPANY,
NOTICE NOT LESS THAN TWELVE MONTHS PRIOR TO THE ANTICIPATED DATE OF SUCH
ACTION CONTAINING THE FOLLOWING INFORMATION IN PLAIN LANGUAGE:
(I) THE NATURE OF THE ACTION WHICH THE COMPANY INTENDS TO TAKE;
(II) THE DATE ON WHICH SUCH ACTION IS ANTICIPATED TO TAKE PLACE;
(III) THE PROVISIONS OF LAW OR REGULATION PURSUANT TO WHICH SUCH
ACTION IS AUTHORIZED; AND
(IV) A SUMMARY OF THE POTENTIAL CONSEQUENCES OF SUCH ACTION, INCLUD-
ING, BUT NOT LIMITED TO, ITS EFFECT ON THE FOLLOWING:
(1) OWNERSHIP OF THE PROJECT;
(2) SUPERVISION OF THE PROJECT;
(3) EXPENSES OF THE PROJECT INCLUDING TAXES AND OTHER MUNICIPAL CHARG-
ES; AND
(4) RENTS.
(B) ANY CITY, TOWN OR VILLAGE MAY ENACT LOCAL LAWS, ORDINANCES, RESOL-
UTIONS OR REGULATIONS NOT LESS RESTRICTIVE THAN THOSE PROVIDED IN THIS
SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04855-01-1
A. 2592 2
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT DIMINISH THE REQUIRE-
MENTS OF ANY OTHER LAW WHICH MAY APPLY TO SUCH ACTION.
6. WITHIN THREE MONTHS OF RECEIPT OF A NOTICE OF INTENT TO BUY-OUT AS
PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, THE COMMISSIONER OR SUPER-
VISING AGENCY SHALL PREPARE AND MAKE AVAILABLE TO ALL TENANTS OF THE
PROJECT AND TO THEIR DESIGNATED REPRESENTATIVE A REPORT WHICH PROVIDES
THE FOLLOWING INFORMATION RELATING TO THE TENANTS OF THE PROJECT. THE
INFORMATION SHALL BE PRESENTED IN AN EASILY UNDERSTANDABLE SUMMARY
FORMAT AND SHALL BE BROKEN DOWN ACCORDING TO HOUSEHOLD PROBABLE AGGRE-
GATE ANNUAL INCOME IN FIVE THOUSAND DOLLAR INTERVALS (E.G. $0 - $4,999:
$5,000 - $9,999: ETC.) AND SHALL INCLUDE:
(A) THE TOTAL NUMBER OF DWELLINGS AND TENANTS IN EACH INCOME RANGE;
(B) THE NUMBER OF DWELLINGS IN EACH INCOME RANGE OCCUPIED BY A TENANT
OR TENANTS WHO ARE SIXTY-TWO YEARS OF AGE OR OLDER AND THE NUMBER OF
SUCH TENANTS;
(C) THE NUMBER OF DWELLINGS IN EACH INCOME RANGE OCCUPIED BY A TENANT
OR TENANTS WHO RECEIVE ANY FORM OF RENTAL ASSISTANCE, THE TYPE OF
ASSISTANCE AND NUMBER OF TENANTS RECEIVING SUCH ASSISTANCE; AND
(D) THE NUMBER OF DWELLINGS IN EACH INCOME RANGE OCCUPIED BY A TENANT
OR TENANTS WHO HAVE AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIO-
LOGICAL OR PSYCHOLOGICAL CONDITIONS, OTHER THAN ADDICTION TO ALCOHOL,
GAMBLING OR ANY CONTROLLED SUBSTANCE, WHICH ARE DEMONSTRABLE BY
MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND
WHICH ARE EXPECTED TO BE PERMANENT AND WHICH PREVENT THE TENANT FROM
ENGAGING IN ANY SUBSTANTIAL GAINFUL EMPLOYMENT AND THE NUMBER OF SUCH
TENANTS.
ANY COMPANY THAT SERVES A NOTICE PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION SHALL PROVIDE THE COMMISSIONER OR SUPERVISING AGENCY WITH ALL
AVAILABLE INFORMATION TO ENABLE THE COMMISSIONER OR SUPERVISING AGENCY
TO PREPARE THE FOREGOING REPORT. SUCH INFORMATION SHALL BE ANNEXED TO
THE NOTICE SERVED UPON THE COMMISSIONER OR SUPERVISING AGENCY. A NOTICE
SHALL NOT BE DEEMED EFFECTIVE IF IT DOES NOT INCLUDE THE AVAILABLE
REQUIRED INFORMATION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.