S T A T E O F N E W Y O R K
________________________________________________________________________
4358
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. CYMBROWITZ, ROZIC, JAFFEE, TAYLOR, COLTON,
BARRON, WALLACE, DE LA ROSA, SANTABARBARA -- Multi-Sponsored by -- M.
of A. McDONOUGH -- read once and referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to estab-
lishing an affordable independent senior housing assistance program
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
article 29-A to read as follows:
ARTICLE XXIX-A
AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
SECTION 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
§ 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM. 1.
ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL DEVELOP AN AFFORDABLE INDEPENDENT SENIOR HOUSING ASSIST-
ANCE PROGRAM, WHICH SHALL PROVIDE GRANTS WITHIN AMOUNTS APPROPRIATED OR
OTHERWISE AVAILABLE THEREFOR TO AFFORDABLE INDEPENDENT SENIOR HOUSING
PROPERTIES TO ESTABLISH AND OPERATE RESIDENT ASSISTANCE PROGRAMS. THE
GRANTS SHALL BE DISTRIBUTED BY THE COMMISSIONER OF HEALTH.
2. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS: (A) "AFFORDABLE INDEPENDENT SENIOR
HOUSING PROPERTY" SHALL MEAN APARTMENT BUILDINGS OR APARTMENT COMPLEXES
OCCUPIED BY INDIVIDUALS OVER SIXTY YEARS OF AGE, WHO LIVE INDEPENDENTLY
AND AT LEAST EIGHTY PERCENT OF WHOM HAVE A TOTAL HOUSEHOLD INCOME THAT
DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME; AND
(B) "RESIDENT ASSISTANCE" SHALL MEAN SUPPORT OFFERED TO RESIDENTS OF
AFFORDABLE INDEPENDENT SENIOR HOUSING PROPERTIES TO HELP PROMOTE HEALTHY
LIVING BY EXTENDING INDEPENDENCE AND IMPROVING QUALITY OF LIFE.
3. ASSISTANCE. RESIDENT ASSISTANCE SHALL BE DETERMINED BY THE COMMIS-
SIONER OF HEALTH; PROVIDED HOWEVER, THAT THE PROVISION OF SUCH ASSIST-
ANCE SHALL NOT INCLUDE ANY SERVICES OR ASSISTANCE THAT REQUIRES THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08339-01-9
A. 4358 2
PROPERTY TO BE LICENSED AS AN ADULT CARE FACILITY PURSUANT TO ARTICLE
SEVEN OF THE SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSU-
ANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW. PRIOR TO ISSUING
ANY GRANTS PURSUANT TO THIS ARTICLE, THE DEPARTMENT OF HEALTH SHALL
SOLICIT INPUT FROM VARIOUS STAKEHOLDERS TO DETERMINE WHAT WOULD CONSTI-
TUTE ASSISTANCE TO ENSURE THAT SUCH ASSISTANCE WOULD NOT REQUIRE SUCH
LICENSURE. A SUMMARY OF SUCH INPUT AND THE DETERMINATION BY THE DEPART-
MENT OF HEALTH AS TO WHETHER THE ASSISTANCE PROVIDED BY THE GRANT APPLI-
CANT WOULD REQUIRE LICENSURE AS AN ADULT CARE FACILITY OR ASSISTED
LIVING RESIDENCE SHALL BE IN WRITING AND SHARED WITH THE VARIOUS STAKE-
HOLDERS PRIOR TO THE APPROVAL OF ANY GRANTS PURSUANT TO THIS SECTION.
4. ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO
THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO PROJECTS LOCATED
IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR
OF SECTION TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY PERCENT OF
THE TOTAL FUNDS AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR
SHALL BE ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE, AS
SUCH TERM IS DEFINED IN SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-ONE OF THIS CHAPTER. ANY FUNDS APPROPRIATED OR OTHERWISE AVAIL-
ABLE THEREFOR FOR THE PROGRAM MAY BE TRANSFERRED TO THE DEPARTMENT OF
HEALTH. A PORTION OF ANY AMOUNTS APPROPRIATED OR OTHERWISE AVAILABLE
THEREFOR MAY BE USED BY THE COMMISSIONER OF HEALTH TO ADMINISTER THE
PROGRAM.
§ 2. This act shall take effect immediately.