S T A T E   O F   N E W   Y O R K
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                                  9537

                          I N  A S S E M B L Y

                             March 15, 2016
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT  to amend the state finance law, in relation to establishing the
  senior housing fund, the  emergency  affordable  housing  construction
  fund and the jobs training fund; to direct the commissioner of housing
  and community renewal to enter into a contract with New York Homes and
  Community  Renewal to make periodic subsidies for one or more projects
  to assist in developing rental units for seniors and other persons  or
  families  having  a  monthly income at or below seventy percent of the
  area median income; to increase the amount of the state low income tax
  credit allowable under article 2-A of the public housing  law  and  to
  increase the amount of the real property tax exemption allowable under
  article  18-A of the private housing finance law for certain projects;
  to establish certain operational subsidies; to require property owners
  and developers to utilize certified minority and women-owned  business
  enterprises  on  certain  capital projects; to establish a specialized
  jobs training program; and making an appropriation therefor

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

  Section  1. This act shall be known and may be cited as the "emergency
affordable housing construction act".
  S 2. (a) The provisions of this section apply to projects to assist in
developing rental units for persons or  families  all  of  whom  have  a
monthly  income  at  or  below seventy percent of the area median income
(AMI) and one-third of whom have a monthly  income  at  or  below  forty
percent of the area median income (AMI) as determined on an annual basis
by the U.S. department of housing and urban development.
  (b) The commissioner of housing and community renewal shall be author-
ized to enter into contracts by and through New York Homes and Community
Renewal to make periodic subsidies for one or more projects to assist in
developing  rental units for persons or families having a monthly income
at or below seventy percent of the AMI. Any property owner or  developer
of such a project shall be eligible to receive a capital subsidy for the
construction  of  such unit in an amount not to exceed one hundred thou-

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

                                                           LBD14661-01-6

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sand dollars ($100,000) per unit. The subsidy shall be  administered  by
New  York  Homes  and Community Renewal and its affiliates.  Funding for
such  subsidy  shall  come  from  the   emergency   affordable   housing
construction  fund  established  by section 97-zzzz of the state finance
law.
  (c) The commissioner of housing and community renewal  shall  increase
the  amount  of  the state low income housing tax credit allowable under
article 2-A of the public housing law to assist in  the  development  of
property  consisting  of units one hundred percent of which are occupied
by persons or families all of whom have a monthly  income  at  or  below
seventy  percent  of  the area median income (AMI) and one-third of whom
have a monthly income at or below  forty  percent  of  the  area  median
income  (AMI) as determined on an annual basis by the U.S. department of
housing and urban development, regardless of the designation or  market-
ing of such property, as follows:
  (i) the allowable per unit amount shall be increased from twenty thou-
sand dollars to twenty-five thousand dollars; and
  (ii)  the  allowable  per project amount shall be increased from seven
hundred fifty thousand dollars to one million dollars.
  (d) The commissioner of housing and community renewal  shall  increase
the  amount of loan funding under the homes for working families program
allowable under article 18-A of  the  private  housing  finance  law  to
assist  in  the  development of property consisting of units one hundred
percent of which are occupied by persons or families  having  a  monthly
income  at or below seventy percent of the AMI, regardless of the desig-
nation or marketing of such property, from thirty-five thousand  dollars
per unit to forty-five thousand dollars per unit.
  (e)  The  commissioner of housing and community renewal shall increase
the amount of the state low income housing tax  credit  allowable  under
article 2-A of the public housing law for projects to assist in develop-
ing rental units for senior housing as follows:
  (i) the allowable per unit amount shall be fifty thousand dollars; and
  (ii)  an  additional  annual  subsidy  of up to three hundred thousand
dollars per project shall be allowable for  services  performed  at  any
qualifying  senior  housing  building  that offers preventive health and
wellness activities and  case  management  services.  Funding  for  such
subsidy  shall  come from the senior housing fund established by section
97-yyyy of the state finance law.
  (f) The commissioner of housing and community renewal, in  conjunction
with  the state comptroller shall monitor the senior housing fund estab-
lished by section 97-yyyy of the state finance  law  and  the  emergency
affordable  housing  construction fund established by section 97-zzzz of
the state finance law and shall ensure that an initial deposit of  twen-
ty-five million dollars is placed into each fund.
  (g) Any subsidy awarded pursuant to the terms of this section shall be
subject to the provisions of article 4 of the public housing law.
  (h) Contracts for projects eligible for subsidies, loans and tax cred-
its as provided in this section shall be awarded on a competitive basis.
The  process  for  applying  for  and  the  criteria  for  awarding such
contracts shall be established by the commissioner of housing and commu-
nity renewal, upon consultation with the New York city housing  develop-
ment  corporation or the New York state housing finance agency.  Prefer-
ence shall be given to projects that are developed in  conjunction  with
non-profit partners or that are located in HUD neighborhoods of opportu-
nity  or  in neighborhoods that are ripe for gentrification as evidenced

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by increased median household incomes and rent  levels  in  a  community
ward board or district.
  (i) As used in this section, "senior housing" means any rental proper-
ty  consisting  of  units  one  hundred percent of which are occupied by
tenants, substantially all of whom are over sixty-two years of  age  and
all  of  whom  have  a monthly income at or below seventy percent of the
area median income (AMI) and one-third of whom have a monthly income  at
or  below forty percent of the area median income (AMI) as determined on
an annual basis by the U.S. department of housing and urban development,
regardless of the designation or marketing of such property.
  S 3. The state finance law is  amended  by  adding  two  new  sections
97-yyyy and 97-zzzz to read as follows:
  S 97-YYYY. SENIOR HOUSING FUND. 1.  THERE IS HEREBY ESTABLISHED IN THE
JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE "SENIOR HOUSING FUND".
  2. SUCH FUND SHALL CONSIST OF TWENTY-FIVE MILLION DOLLARS, OR SO  MUCH
THEREOF AS MAY BE NECESSARY, APPROPRIATED TO THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL FROM ANY MONEYS IN THE STATE TREASURY IN THE ABANDONED
PROPERTY  FUND  ESTABLISHED  BY SECTION NINETY-FIVE OF THIS ARTICLE, NOT
OTHERWISE APPROPRIATED, AND ALL OTHER  MONEYS  CREDITED  OR  TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONEYS OF THE FUND SHALL BE EXPENDED FOR PROJECTS TO ASSIST IN THE
DEVELOPMENT  OF  SENIOR  HOUSING  IN  CITIES  HAVING  A  POPULATION   OF
NINETY-FIVE  THOUSAND  OR MORE PERSONS AS PROVIDED IN THE CHAPTER OF THE
LAWS OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SECTION. MONEYS  SHALL  BE
PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS APPROVED  BY  THE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY
RENEWAL.  ANY  INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT
IN THE SENIOR HOUSING FUND SHALL BE RETAINED IN AND BECOME PART OF  SUCH
FUND.  NO MONEY FROM SUCH FUND MAY BE WITHDRAWN, TRANSFERRED, OR USED BY
ANY PERSON FOR ANY PURPOSE OTHER THAN AS PERMITTED IN THIS SECTION.
  4. AS USED IN THIS SECTION, "SENIOR HOUSING" MEANS ANY RENTAL PROPERTY
CONSISTING OF UNITS  ONE  HUNDRED  PERCENT  OF  WHICH  ARE  OCCUPIED  BY
TENANTS,  SUBSTANTIALLY  ALL  OF  WHOM  ARE OVER SIXTY-TWO YEARS OF AGE,
REGARDLESS OF THE DESIGNATION OR MARKETING OF SUCH PROPERTY.
  S 97-ZZZZ. EMERGENCY AFFORDABLE HOUSING CONSTRUCTION FUND. 1.    THERE
IS  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A  FUND  TO  BE  KNOWN  AS  THE
"EMERGENCY AFFORDABLE HOUSING CONSTRUCTION FUND".
  2.  SUCH FUND SHALL CONSIST OF TWENTY-FIVE MILLION DOLLARS, OR SO MUCH
THEREOF AS MAY BE NECESSARY, APPROPRIATED TO THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL FROM ANY MONEYS IN THE STATE TREASURY IN THE ABANDONED
PROPERTY FUND ESTABLISHED BY SECTION NINETY-FIVE OF  THIS  ARTICLE,  NOT
OTHERWISE  APPROPRIATED,  AND  ALL  OTHER MONEYS CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND SHALL BE EXPENDED FOR PROJECTS TO ASSIST IN  THE
DEVELOPMENT OF LOW INCOME HOUSING IN CITIES HAVING A POPULATION OF NINE-
TY-FIVE  THOUSAND OR MORE PERSONS AS PROVIDED IN THE CHAPTER OF THE LAWS
OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SECTION.  MONEYS SHALL BE  PAID
OUT  OF  THE  FUND  ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON
VOUCHERS APPROVED BY THE COMMISSIONER OF HOUSING AND COMMUNITY  RENEWAL.
ANY  INTEREST  RECEIVED  BY  THE COMPTROLLER ON MONEYS ON DEPOSIT IN THE
HOUSING FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND. NO MONEY
FROM SUCH FUND MAY BE WITHDRAWN, TRANSFERRED, OR USED BY ANY PERSON  FOR
ANY PURPOSE OTHER THAN AS PERMITTED IN THIS SECTION.

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  4.  AS  USED  IN  THIS  SECTION, "LOW INCOME HOUSING" MEANS ANY RENTAL
PROPERTY CONSISTING OF UNITS ONE HUNDRED PERCENT OF WHICH  ARE  OCCUPIED
BY  PERSONS  OR  FAMILIES  ALL OF WHOM HAVE A MONTHLY INCOME AT OR BELOW
SEVENTY PERCENT OF THE AREA MEDIAN INCOME (AMI) AND  ONE-THIRD  OF  WHOM
HAVE  A  MONTHLY  INCOME  AT  OR  BELOW FORTY PERCENT OF THE AREA MEDIAN
INCOME (AMI) AS DETERMINED ON AN ANNUAL BASIS BY THE U.S.  DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, REGARDLESS OF THE DESIGNATION OR  MARKET-
ING OF SUCH PROPERTY.
  S 4. (a) New York Homes and Community Renewal shall establish an oper-
ational  subsidy in the amount of eight million dollars ($8,000,000) for
the purpose of providing rental assistance to persons or families having
a monthly income at or below forty percent of  the  area  median  income
(AMI) as determined on an annual basis by the U.S. department of housing
and  urban  development.  The  subsidy shall be administered by New York
Homes and Community Renewal and its affiliates.  Funding for such subsi-
dy shall come from the emergency affordable  housing  construction  fund
established by section 97-zzzz of the state finance law.
  (b)  The  subsidy shall consist of project-based rental assistance and
shall be specific to qualifying units in qualifying projects  to  ensure
long-term affordability.
  (c) The amount of rental assistance paid on behalf of eligible tenants
shall be the difference between the tenant contribution and the contract
rent  for  the  qualifying unit. The tenant contribution shall be twenty
percent of the family's monthly income or thirty percent of the tenant's
monthly adjusted gross income less a  utility  allowance,  whichever  is
greater.
  (d)  New  York  Homes  and  Community  Renewal shall take all measures
necessary to implement the processing of the subsidy, including develop-
ing application and distribution procedures.
  S 5. (a) Any property owner or developer of projects receiving a capi-
tal subsidy or an  operating  subsidy  pursuant  to  the  provisions  of
section  two  of  this  act  shall enter into a minority and women-owned
business enterprise (MWBE) utilization agreement with New York Homes and
Community Renewal regarding the utilization of  certified  minority  and
women-owned business enterprises on capital projects during the applica-
ble period of such subsidy.
  (b) The MWBE utilization agreement shall include terms consistent with
the following provisions:
  (i)  the  property owner or developer shall use best efforts to meet a
goal of thirty percent utilization of certified minority and women-owned
business enterprises on all capital projects during the applicable  term
of the subsidy or subsidies;
  (ii)  the property owner or developer shall submit an annual report to
New York Homes and Community Renewal indicating its compliance with  the
MWBE utilization agreement;
  (iii) such other terms deemed necessary by New York Homes and Communi-
ty Renewal to carry out the provisions of this act.
  (c) Notwithstanding the provisions of subdivision (b) of this section,
capital  projects entailing a total expenditure of less than ten million
dollars ($10,000,000) shall be exempted from the MWBE utilization agree-
ment.
  (d) As used in this section:
  (i) "applicable period" means the period of time up to, but not longer
than, the period required to complete the initial  construction  of  the
project;

A. 9537                             5

  (ii)  "capital  project"  means any construction project with an esti-
mated value equal to or exceeding forty million  dollars  ($40,000,000);
and
  (iii) "certified minority and women-owned enterprises" means a minori-
ty  or  women-owned business enterprise certified by the director of the
division of minority and women's business development in the  department
of economic development pursuant to section 314 of the executive law.
  S 6. A specialized job training program will be established within the
department  of  labor  for the purposes of:   (i) assisting eligible job
trainees to study for and pass the GED examination; (ii) provide techni-
cal skills training; and (iii) link basic education to  occupational  or
trade skills development.
  (a) The job training program shall be funded by the jobs training fund
established pursuant to section 97-ss of the state finance law.
  (b)  The  training  program  will be administered by the department of
labor.
  (c) The training program administrator will use best efforts to:
  (i) allocate seventy-five percent of the funds in  the  jobs  training
fund  established  pursuant to section 97-ss of the state finance law to
provide training through  locally  based  not-for-profit  organizations;
provided  that  the  provisions  of  this  paragraph  shall  not include
programs operated by trade organizations; and
  (ii) direct training first to recently incarcerated  persons,  persons
on  parole, persons sentenced to probation for commission of a felony or
a misdemeanor as defined in section 55.10 of the penal law, and  sixteen
to twenty-four year old "disconnected youth".
  S 7. The state finance law is amended by adding a new section 97-ss to
read as follows:
  S  97-SS.  JOBS  TRAINING  FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF  TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE "JOBS TRAINING FUND".
  2.  SUCH FUND SHALL CONSIST OF TWENTY-FIVE MILLION DOLLARS, OR SO MUCH
THEREOF AS MAY BE NECESSARY, APPROPRIATED TO THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL FROM ANY MONEYS IN THE STATE TREASURY IN THE ABANDONED
PROPERTY FUND ESTABLISHED BY SECTION NINETY-FIVE OF  THIS  ARTICLE,  NOT
OTHERWISE  APPROPRIATED,  AND  ALL  OTHER MONEYS CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND SHALL BE EXPENDED  FOR  EDUCATIONAL  INSTRUCTION
FOR  YOUNG  ADULTS SIXTEEN TO TWENTY-FOUR YEARS OF AGE, LOW WAGE WORKERS
AND HOUSEHOLDS WITH INCOME AT OR BELOW TWO HUNDRED AND FIFTY PERCENT  OF
THE  FEDERAL  POVERTY GUIDELINES AS SET BY THE U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES, AS PROVIDED IN THE CHAPTER OF THE LAWS OF TWO  THOU-
SAND  SIXTEEN WHICH ADDED THIS SECTION.  MONEYS SHALL BE PAID OUT OF THE
FUND ON THE AUDIT AND WARRANT  OF  THE  STATE  COMPTROLLER  ON  VOUCHERS
APPROVED  BY  THE  COMMISSIONER  OF  LABOR. ANY INTEREST RECEIVED BY THE
COMPTROLLER ON MONEYS ON DEPOSIT IN THE  JOBS  TRAINING  FUND  SHALL  BE
RETAINED  IN  AND BECOME PART OF SUCH FUND.  NO MONEY FROM SUCH FUND MAY
BE WITHDRAWN, TRANSFERRED, OR USED BY ANY PERSON FOR ANY  PURPOSE  OTHER
THAN AS PERMITTED IN THIS SECTION.
  S 8. The sum of two hundred million dollars ($200,000,000), or so much
thereof  as  may be necessary, is hereby appropriated to the division of
housing and community renewal from any moneys in the state  treasury  in
the  general  fund  to  the  credit of the local assistance account, not
otherwise appropriated, for the purposes of carrying out the  provisions
sections  two  and  six  of this act.   Such sum shall be payable on the
audit and warrant of the state  comptroller  on  vouchers  certified  or

A. 9537                             6

approved by the commissioner of housing and community renewal, or his or
her  duly  designated  representative  in the manner provided by law. No
expenditure shall be made from this appropriation until a certificate of
approval  of  availability shall have been issued by the director of the
budget and filed with the state comptroller and a copy  filed  with  the
chair of the senate finance committee and the chair of the assembly ways
and  means  committee. Such certificate may be amended from time to time
by the director of the budget and a copy of each such amendment shall be
filed with the state  comptroller,  the  chair  of  the  senate  finance
committee and the chair of the assembly ways and means committee.
  S 9. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that, effective immediately, the
division of housing and community renewal, the  New  York  city  housing
development  corporation  and  the New York state housing finance agency
shall make and implement all rules, regulations and standards  and  take
such  other  actions as are necessary to implement this act on or before
its effective date.