S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5788
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- 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".
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09769-01-7

 A. 5788                             2
 
 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-
 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

 A. 5788                             3
 
 non-profit partners or that are located in HUD neighborhoods of opportu-
 nity or in neighborhoods that are ripe for gentrification  as  evidenced
 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.
   § 3. The state finance law is  amended  by  adding  two  new  sections
 97-yyyy and 97-zzzz to read as follows:
   § 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 SEVENTEEN 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.
   § 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 SEVENTEEN 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.

 A. 5788                             4
 
 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, "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.
   § 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.
   § 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:

 A. 5788                             5
 
   (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;
   (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.
   § 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".
   § 7. The state finance law is amended by adding a new section 97-ss to
 read as follows:
   §  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  SEVENTEEN  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.
   § 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

 A. 5788                             6
 
 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
 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.
   § 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.