Senate Bill S2132

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2132
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 public housing law, in relation to requiring the
   commissioner of community housing and renewal and  the  superintendent
   of financial services to create an annual report regarding residential
   subsidies provided by public agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent.  There  is  an  affordable
 housing  crisis  in New York State, especially for low- and moderate-in-
 come families. Developing housing for low- and moderate-income  families
 requires  subsidies  through  municipal  programs  and  federal programs
 administered by municipalities. Reporting requirements regarding the use
 of these subsidies will assist the municipal  agencies  to  develop  and
 review  housing programs in order to achieve the best use of the limited
 available resources.
   § 2. The public housing law is amended by adding a new section 16-a to
 read as follows:
   § 16-A. REPORTING REQUIREMENTS FOR SUBSIDIZED HOUSING  PROGRAMS.    A.
 DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  THE  TERM  "PUBLIC  AGENCY"  SHALL  MEAN  ANY  COUNTY, CITY, TOWN,
 VILLAGE, SCHOOL DISTRICT, IMPROVEMENT DISTRICT OR  DISTRICT  CORPORATION
 OF  THE STATE OF NEW YORK; AND ANY LOCAL GOVERNMENTAL UNIT, SUBDIVISION,
 OR SPECIAL DISTRICT OF ANOTHER STATE.
   2. "DWELLING" MEANS ANY BUILDING OR STRUCTURE OR PORTION THEREOF WHICH
 IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE
 OF ONE OR MORE HUMAN BEINGS.
   3. "DWELLING UNIT" MEANS ANY RESIDENTIAL ACCOMMODATION IN  A  MULTIPLE
 DWELLING OR PRIVATE DWELLING.

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

                                                            LBD07149-01-9

 S. 2132                             2
 
   4. "HOUSEHOLD" MEANS ALL LAWFUL OCCUPANTS OF A RESIDENTIAL UNIT.
   5.  "HOUSEHOLD INCOME" MEANS, FOR ANY HOUSEHOLD, THE SUM OF THE AMOUNT
 REPORTED SEPARATELY IN THE MOST RECENT INDIVIDUAL OR  JOINT  TAX  RETURN
 FOR  WAGE  OR SALARY INCOME, NET SELF-EMPLOYMENT INCOME, INTEREST, DIVI-
 DENDS, RENT RECEIVED, ROYALTIES, SOCIAL SECURITY OR RAILROAD  RETIREMENT
 BENEFITS;  SUPPLEMENTAL  SECURITY  INCOME;  PUBLIC ASSISTANCE OR WELFARE
 PAYMENTS; RETIREMENT OR DISABILITY BENEFITS AND  ALL  OTHER  INCOME  FOR
 EACH MEMBER OF THE HOUSEHOLD.
   6.  "MULTIPLE  DWELLING"  MEANS  A  DWELLING  WHICH  IS EITHER RENTED,
 LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED, AS  THE  RESI-
 DENCE  OR  HOME  OF  THREE OR MORE FAMILIES LIVING INDEPENDENTLY OF EACH
 OTHER. A MULTIPLE DWELLING DOES NOT INCLUDE A HOSPITAL, CONVENT,  MONAS-
 TERY, ASYLUM OR PUBLIC INSTITUTION.
   7.  "PRIVATE  DWELLING"  SHALL MEAN ANY BUILDING OR STRUCTURE DESIGNED
 AND OCCUPIED FOR RESIDENTIAL PURPOSES BY NOT  MORE  THAN  TWO  FAMILIES.
 PRIVATE DWELLINGS SHALL ALSO BE DEEMED TO INCLUDE A SERIES OF ONE-FAMILY
 OR  TWO-FAMILY  DWELLING UNITS EACH OF WHICH FACES OR IS ACCESSIBLE TO A
 LEGAL STREET OR PUBLIC THOROUGHFARE,  IF  EACH  SUCH  DWELLING  UNIT  IS
 EQUIPPED AS A SEPARATE DWELLING UNIT WITH ALL ESSENTIAL SERVICES, AND IF
 EACH SUCH UNIT IS ARRANGED SO THAT IT MAY BE APPROVED AS A LEGAL ONE-FA-
 MILY OR TWO-FAMILY DWELLING.
   8.  "PROJECT-BASED  SECTION  8  SUBSIDY" MEANS A PROJECT-BASED FEDERAL
 RENTAL ASSISTANCE PAYMENT, AS DESCRIBED  IN  SUBDIVISION  B  OF  SECTION
 982.1 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
   9. "RESIDENTIAL PROJECT" MEANS THE ACQUISITION, CONSTRUCTION, DEVELOP-
 MENT, REHABILITATION OR RENOVATION OF ANY PROPERTY, INCLUDING BUILDINGS,
 ZONED FOR RESIDENTIAL USE FOR WHICH ANY PUBLIC AGENCY PROVIDES ANY RESI-
 DENTIAL SUBSIDY.
   10. "RESIDENTIAL SUBSIDY" MEANS A BENEFIT OR INCENTIVE PROVIDED BY ANY
 PUBLIC  AGENCY TO ANY PERSON IN CONNECTION WITH ANY RESIDENTIAL PROJECT,
 INCLUDING, BUT NOT LIMITED TO,  LOANS,  LOAN  GUARANTEES,  LOAN  PARTIC-
 IPATION,  LETTERS OF CREDIT, GRANTS, SALES OR LEASES OF PROPERTY AT LESS
 THAN FAIR MARKET VALUE, TAX EXEMPTIONS, TAX ABATEMENTS,  THE  ALLOCATION
 BY  A  PUBLIC  AGENCY TO A RESIDENTIAL PROJECT OF LOW-INCOME HOUSING TAX
 CREDITS OR PROJECT-BASED SECTION 8 SUBSIDIES, BUT SHALL NOT INCLUDE  TAX
 EXEMPTIONS  OR TAX ABATEMENTS RELATED TO HISTORIC PRESERVATION OR ENERGY
 CONSERVATION, AND BENEFITS OR INCENTIVES GRANTED DIRECTLY TO  A  NATURAL
 PERSON  OR PERSONS FOR THE PURCHASE OF A ONE- TO FOUR-FAMILY DWELLING AS
 THE PRINCIPAL RESIDENCE OF SUCH PERSON OR PERSONS.
   B. THE COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL
 JOINTLY PREPARE AN ANNUAL REPORT WHICH SHALL BE SUBMITTED TO THE  GOVER-
 NOR AND THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF JANUARY, REGARDING
 RESIDENTIAL  SUBSIDIES  PROVIDED  BY  ANY PUBLIC AGENCY DURING THE IMME-
 DIATELY PRECEDING FISCAL YEAR, INCLUDING THE FISCAL  YEAR  ENDING  MARCH
 THIRTY-FIRST, TWO THOUSAND NINETEEN. EVERY PUBLIC AGENCY THAT PROVIDES A
 RESIDENTIAL  SUBSIDY  SHALL  PROVIDE  THE  INFORMATION  REQUIRED IN SUCH
 REPORT TO THE COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL  SERVICES
 WITHIN  SIXTY  DAYS FROM THE END OF THE FISCAL YEAR FOR WHICH THE REPORT
 IS BEING PREPARED. THIS REPORT SHALL CONTAIN, BUT SHALL NOT  BE  LIMITED
 TO, THE FOLLOWING INFORMATION:
   1.  THE  DOLLAR  AMOUNT  OF  SUCH RESIDENTIAL SUBSIDIES BY CATEGORY OF
 RESIDENTIAL SUBSIDY;
   2. THE DOLLAR AMOUNT OF RESIDENTIAL SUBSIDIES BY AREAS, AS  DETERMINED
 BY THE COMMISSIONER;

 S. 2132                             3
 
   3.  THE  DOLLAR  AMOUNT  OF  RESIDENTIAL  SUBSIDIES PROVIDED TO CREATE
 RENTAL DWELLING UNITS, INCLUDING, BUT NOT LIMITED TO, THOSE  CREATED  BY
 MUTUAL HOUSING ASSOCIATIONS;
   4.  THE  DOLLAR  AMOUNT  OF  RESIDENTIAL  SUBSIDIES  PROVIDED  TO SALE
 PROGRAMS, INCLUDING BUT NOT LIMITED TO, THOSE ASSISTING IN THE  PURCHASE
 OF  ONE-  TO  FOUR-FAMILY  DWELLINGS, MULTIPLE DWELLINGS, DWELLING UNITS
 OWNED AS CONDOMINIUMS AND DWELLING UNITS OWNED COOPERATIVELY;
   5. THE DOLLAR AMOUNT OF RESIDENTIAL SUBSIDIES PROVIDED FOR EACH  RESI-
 DENTIAL PROJECT; AND
   6.  THE  NUMBER  OF  DWELLING  UNITS IN RESIDENTIAL PROJECTS RECEIVING
 RESIDENTIAL SUBSIDIES, DIVIDED  ACCORDING  TO  THE  FOLLOWING  HOUSEHOLD
 INCOME GROUPS AS PERCENTAGES OF MEDIAN INCOME FOR THE AREA: 0-24; 25-40;
 41-60; 61-90; 91-120; 121-150; 151-200; 201-250; 251-300; ABOVE 300%.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.