S T A T E O F N E W Y O R K
________________________________________________________________________
616
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ROSENTHAL, BARRON, O'DONNELL, JAFFEE, COOK,
CASTRO, CAMARA, TITONE, WRIGHT, ROBINSON -- Multi-Sponsored by -- M.
of A. FARRELL, GLICK, GOTTFRIED, SCARBOROUGH, TITUS -- read once and
referred to the Committee on Housing
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,
but not be limited to, methods that may be employed by state and local
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02543-01-3
A. 616 2
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, 2014. 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.