S T A T E O F N E W Y O R K
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6543
2017-2018 Regular Sessions
I N S E N A T E
June 1, 2017
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the private housing finance law, in relation to the
assets and supervision of housing development fund corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The private housing finance law is amended by adding a new
section 573-a to read as follows:
§ 573-A. ASSETS AND SUPERVISION OF HOUSING DEVELOPMENT FUND CORPO-
RATIONS. 1. EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED IN WRITING BY THE
COMMISSIONER OR THE SUPERVISING AGENCY, AS THE CASE MAY BE, (A) A HOUS-
ING DEVELOPMENT FUND CORPORATION SHALL NOT CAUSE OR PERMIT ANY VACANT
DWELLING UNIT TO BE LEASED TO, OR OCCUPIED BY, ANYONE OTHER THAN FAMI-
LIES AND PERSONS OF LOW INCOME, (B) A HOUSING DEVELOPMENT FUND CORPO-
RATION ORGANIZED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW SHALL
NOT CAUSE OR PERMIT ANY DWELLING UNIT TO BE LEASED OR OCCUPIED AT A RENT
THAT IS NOT AFFORDABLE TO FAMILIES AND PERSONS OF LOW INCOME, AS DETER-
MINED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE COMMISSIONER OR
THE SUPERVISING AGENCY, AS THE CASE MAY BE AND (C) A HOUSING DEVELOPMENT
FUND CORPORATION ORGANIZED PURSUANT TO THE BUSINESS CORPORATION LAW
SHALL NOT CAUSE OR PERMIT THE SALE, TRANSFER, ASSIGNMENT OR ISSUANCE OF
ANY SHARES ALLOCATED TO ANY DWELLING UNIT TO ANYONE OTHER THAN FAMILIES
AND PERSONS OF LOW INCOME, OR CAUSE OR PERMIT THE SALE, TRANSFER,
ASSIGNMENT OR ISSUANCE OF ANY SHARES ALLOCATED TO ANY DWELLING UNIT FOR
A PRICE THAT IS NOT AFFORDABLE TO FAMILIES AND PERSONS OF LOW INCOME, AS
DETERMINED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE COMMISSIONER
OR THE SUPERVISING AGENCY. WHERE THE OWNERSHIP OF SHARES ALLOCATED TO
ANY DWELLING UNIT IS TRANSFERRED BY OPERATION OF LAW, WITHOUT THE
CONSENT OF THE HOUSING DEVELOPMENT FUND CORPORATION, TO PARTIES WHO ARE
NOT FAMILIES AND PERSONS OF LOW INCOME, THE CORPORATION SHALL NOT CAUSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11881-01-7
S. 6543 2
OR PERMIT THE OCCUPANCY OF THE DWELLING UNIT TO WHICH SUCH SHARES ARE
ALLOCATED UNTIL THE SHARES HAVE BEEN SOLD OR OTHERWISE TRANSFERRED TO A
FAMILY OR PERSON OF LOW INCOME THAT WILL OCCUPY SUCH DWELLING UNIT;
PROVIDED, HOWEVER, THAT THE CORPORATION SHALL NOT BE REQUIRED TO REMOVE
ANY MEMBER OF THE PRIOR SHAREHOLDER'S HOUSEHOLD WHO HAS CONTINUOUSLY
OCCUPIED THE DWELLING UNIT TO WHICH SUCH SHARES ARE ALLOCATED AS HIS OR
HER SOLE RESIDENCE FOR A PERIOD COMMENCING NOT LESS THAN TWO YEARS PRIOR
TO THE EVENT WHICH RESULTED IN SUCH TRANSFER, EVEN IF THE ACTUAL TRANS-
FER OCCURRED AT A LATER DATE.
2. A HOUSING DEVELOPMENT FUND CORPORATION SHALL NOT SELL, TRANSFER OR
ASSIGN ALL OR SUBSTANTIALLY ALL OF ITS ASSETS, OR ANY OF ITS REAL PROP-
ERTY, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE COMMISSIONER OR THE
SUPERVISING AGENCY. A HOUSING DEVELOPMENT FUND CORPORATION SHALL EITHER
DEPOSIT THE PROCEEDS IF ANY SUCH SALE, TRANSFER OR ASSIGNMENT WITH THE
COMMISSIONER OR THE SUPERVISING AGENCY, OR DEVOTE SUCH PROCEEDS TO A
HOUSING PROJECT FOR FAMILIES AND PERSONS OF LOW INCOME, OR FOR RELATED
AFFORDABLE HOUSING ACTIVITIES, IN A MANNER APPROVED IN WRITING BY THE
COMMISSIONER OR THE SUPERVISING AGENCY.
3. A HOUSING DEVELOPMENT FUND CORPORATION SHALL NOT LEASE ANY OF ITS
REAL PROPERTY, OTHER THAN A LEASE OF A SINGLE DWELLING UNIT OR A COMMER-
CIAL UNIT FOR A TERM NOT EXCEEDING TWO YEARS, WITHOUT THE PRIOR WRITTEN
APPROVAL OF THE COMMISSIONER OR THE SUPERVISING AGENCY.
4. THE CERTIFICATE OF INCORPORATION OF A HOUSING DEVELOPMENT FUND
CORPORATION SHALL NOT BE ALTERED OR AMENDED, AND THE CORPORATION SHALL
NOT BE DISSOLVED, WITHOUT (A) THE PRIOR WRITTEN APPROVAL OF THE COMMIS-
SIONER OR THE SUPERVISING AGENCY AND (B) THE PRIOR WRITTEN APPROVAL OF
ANY GOVERNMENTAL ENTITY WHICH HOLDS A MORTGAGE OR OTHER LIEN ON ANY
ASSETS OF THE CORPORATION OR TO WHICH ANY INDEBTEDNESS OF THE CORPO-
RATION IS OUTSTANDING.
5. VIOLATIONS BY A HOUSING DEVELOPMENT FUND CORPORATION. (A) IF THE
COMMISSIONER OR THE SUPERVISING AGENCY DETERMINES THAT THE HOUSING
DEVELOPMENT FUND CORPORATION HAS VIOLATED ANY OF THE PROVISIONS OF THIS
ARTICLE OR ITS CERTIFICATE OF INCORPORATION OR HAS VIOLATED OR FAILED TO
FULFILL ANY AGREEMENT WITH OR OBLIGATION TO A GOVERNMENTAL ENTITY, THE
COMMISSIONER OR THE SUPERVISING AGENCY MAY (I) APPOINT TO THE BOARD OF
DIRECTORS OF THE CORPORATION A NUMBER OF NEW DIRECTORS SUFFICIENT TO
CONSTITUTE A MAJORITY OF SUCH BOARD, NOTWITHSTANDING ANY OTHER PROVISION
OF THE CERTIFICATE, THE BY-LAWS OF THE CORPORATION OR ANY AGREEMENT
ENTERED INTO BY THE CORPORATION, (II) REVOKE OR SUSPEND ALL OR PART OF
ANY EXEMPTION FROM LOCAL REAL PROPERTY TAXATION PURSUANT TO SECTION FIVE
HUNDRED SEVENTY-SEVEN OF THIS ARTICLE OR (III) EXERCISE ANY OTHER REME-
DIES AVAILABLE UNDER APPLICABLE LAW OR PURSUANT TO ANY AGREEMENT WITH
THE CORPORATION.
(B) UNLESS THE COMMISSIONER OR THE SUPERVISING AGENCY DETERMINES THAT
A CURE OF ANY SUCH VIOLATION OR FAILURE IS IMPOSSIBLE, PRIOR TO EXERCIS-
ING ANY OF THE POWERS PROVIDED IN SUBDIVISION (A) OF THIS SECTION, THE
COMMISSIONER OR THE SUPERVISING AGENCY SHALL EITHER (I) PROVIDE THE
CORPORATION WITH THIRTY DAYS NOTICE AND OPPORTUNITY TO CURE SUCH
VIOLATION, (II) PROVIDE THE CORPORATION WITH SUCH NOTICE AND OPPORTUNITY
TO CURE SUCH VIOLATION AS MAY BE PROVIDED IN ANY AGREEMENT BETWEEN A
GOVERNMENTAL ENTITY AND THE CORPORATION OR (III) ONLY WITH RESPECT TO
THE REVOCATION OF A TAX EXEMPTION PURSUANT TO SECTION FIVE HUNDRED
SEVENTY-SEVEN OF THIS ARTICLE, PROVIDE THE CORPORATION WITH SUCH NOTICE
AND OPPORTUNITY TO CURE SUCH VIOLATION AS MAY BE PROVIDED IN A RESOL-
UTION OF THE LOCAL LEGISLATIVE BODY.
S. 6543 3
6. A HOUSING DEVELOPMENT FUND CORPORATION SHALL NOT ACQUIRE ANY REAL
PROPERTY NOT SPECIFICALLY IDENTIFIED BY ADDRESS OR TAX PARCEL IN ITS
CERTIFICATE OF INCORPORATION WITHOUT THE PRIOR WRITTEN APPROVAL OF THE
COMMISSIONER OR THE SUPERVISING AGENCY.
7. ANY HOUSING DEVELOPMENT FUND CORPORATION INCORPORATED PURSUANT TO
THE PROVISIONS OF THIS ARTICLE AND THE NOT-FOR-PROFIT CORPORATION LAW
SHALL BE DEEMED TO BE A CHARITABLE CORPORATION, AS DEFINED IN SUBPARA-
GRAPH THREE-A OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THE NOT-
FOR-PROFIT CORPORATION LAW.
8. THE FOLLOWING PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW
SHALL APPLY TO ANY HOUSING DEVELOPMENT FUND CORPORATION INCORPORATED
PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND THE BUSINESS CORPORATION
LAW: SECTION ONE HUNDRED TWELVE, SECTION FIVE HUNDRED EIGHT, SECTION
FIVE HUNDRED TEN, SECTION FIVE HUNDRED ELEVEN, SECTION FIVE HUNDRED
ELEVEN-A, SECTION FIVE HUNDRED FIFTEEN, PARAGRAPH (D) OF SECTION SEVEN
HUNDRED SIX, PARAGRAPH (C) OF SECTION SEVEN HUNDRED FOURTEEN, SECTION
SEVEN HUNDRED FIFTEEN, SECTION SEVEN HUNDRED SIXTEEN, SECTION SEVEN
HUNDRED TWENTY, SECTION NINE HUNDRED SEVEN, SECTION NINE HUNDRED
SEVEN-A, SECTION NINE HUNDRED SEVEN-B, PARAGRAPH (D) OF SECTION ONE
THOUSAND TWO, PARAGRAPH (A) OF SECTION ONE THOUSAND TWO-A, PARAGRAPH (C)
OF SECTION ONE THOUSAND TWO-A, PARAGRAPH (B) OF SECTION ONE THOUSAND
THREE, PARAGRAPH (C) OF SECTION ONE THOUSAND THREE, SECTION ELEVEN
HUNDRED ONE AND SECTION ELEVEN HUNDRED TWO. WHERE ANY CONFLICT EXISTS
BETWEEN THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW LISTED IN
THIS SUBDIVISION AND THE BUSINESS CORPORATION LAW, THE PROVISIONS OF THE
NOT-FOR-PROFIT CORPORATION LAW SHALL CONTROL.
9. A HOUSING DEVELOPMENT FUND CORPORATION INCORPORATED PURSUANT TO
THIS ARTICLE AND THE BUSINESS CORPORATION LAW SHALL NOT:
(A) CAUSE OR PERMIT ANY SHAREHOLDER TO OWN SHARES ALLOCATED TO MORE
THAN ONE DWELLING UNIT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE COMMIS-
SIONER OR THE SUPERVISING AGENCY; OR
(B) CAUSE OR PERMIT ANY DWELLING UNIT TO BE COMBINED, ELIMINATED, OR
DEVOTED TO ANY USE OTHER THAN OCCUPANCY BY FAMILIES OR PERSONS OF LOW
INCOME WITHOUT THE PRIOR WRITTEN APPROVAL OF THE COMMISSIONER OR THE
SUPERVISING AGENCY.
10. NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (C) OF SECTION FIVE
HUNDRED ONE OF THE BUSINESS CORPORATION LAW TO THE CONTRARY, A HOUSING
DEVELOPMENT FUND CORPORATION INCORPORATED PURSUANT TO THIS ARTICLE AND
THE BUSINESS CORPORATION LAW MAY, WITH THE APPROVAL OF THE COMMISSIONER
OR THE SUPERVISING AGENCY IMPOSE DIFFERENT CHARGES, FEES, ASSESSMENTS
AND REQUIREMENTS WITH RESPECT TO DIFFERENT DWELLING UNITS AND THE SHARES
ALLOCATED TO SUCH DWELLING UNITS. THE REASONS FOR SUCH DIFFERENT CHARG-
ES, FEES, ASSESSMENTS AND REQUIREMENTS MAY INCLUDE, BUT SHALL NOT BE
LIMITED TO, DIFFERENCES IN (A) THE INCOME REQUIREMENTS FOR OCCUPANCY OF,
OR ACTUAL INCOMES OF THE HOUSEHOLDS OCCUPYING, SPECIFIC DWELLING UNITS,
(B) THE DURATION OF OWNERSHIP OF SHARES OR THE DATE OR CIRCUMSTANCES OF
THE PURCHASE OF SUCH SHARES AND (C) THE DEGREE OF COMPLIANCE WITH THE
PROPRIETARY LEASE OR WITH ANY AGREEMENT BETWEEN THE CORPORATION AND A
GOVERNMENTAL ENTITY.
§ 2. Subdivision 14 of section 572 of the private housing finance law,
as amended by chapter 655 of the laws of 1978, is amended to read as
follows:
14. "Supervising Agency." [The comptroller in a municipality having a
comptroller; in a municipality having no comptroller, the chief fiscal
officer of such municipality; except that] THE AGENCY IN A MUNICIPALITY
HAVING JURISDICTION OVER THE DEVELOPMENT AND OPERATION OF AFFORDABLE
S. 6543 4
HOUSING, REGARDLESS OF ANY AGENCY SPECIFIED IN THE CERTIFICATE OF INCOR-
PORATION OF A HOUSING DEVELOPMENT FUND CORPORATION, OR, in the city of
New York [it shall be], the department of housing preservation and
development.
§ 3. Paragraph a of subdivision 3 of section 573 of the private hous-
ing finance law, as amended by chapter 758 of the laws of 1967, is
amended to read as follows:
a. that the company has been organized exclusively to develop AND
OPERATE a housing project for persons of low income;
§ 4. Section 577 of the private housing finance law is amended by
adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW, UPON THE COMMENCEMENT OF AN EXEMPTION PURSUANT TO THIS SECTION WITH
RESPECT TO ANY REAL PROPERTY IN A PROJECT OF A HOUSING DEVELOPMENT FUND
CORPORATION, SUCH CORPORATION MAY, WITH THE CONSENT OF THE COMMISSIONER
OR THE SUPERVISING AGENCY, TERMINATE ANY OTHER TAX EXEMPTION OR ABATE-
MENT APPLICABLE TO SUCH PROPERTY.
§ 5. Severability. If any clause, sentence, paragraph, subdivision or
section of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, subdivision or section thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 6. This act shall take effect immediately.