Senate Bill S1309A

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

                                 1309--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced by Sens. DUANE, AVELLA -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and  Community Development -- recommitted to the Committee on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 for 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01135-02-2
              

S. 1309--A                          2

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
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, 2013.    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.