NY State Senate Bill 2019-S2537A

Senate Bill S2537A

2019-2020 Legislative Session

Relates to establishing an electronic automated system for applications and waiting lists and to develop a written procedure for applicant selection and rejection

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2019	referred to housing delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1095
May 22, 2019	print number 2537a
May 22, 2019	amend and recommit to housing, construction and community development
Jan 28, 2019	referred to housing, construction and community development

Votes

- Jun 6, 2019 - Floor Vote
  S2537A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Sanders Jr.
  May 30, 2019 - Housing, Construction And Community Development Committee Vote
  S2537A
  
  8
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: May 30, 2019
      
      aye (8)
      
      Amedore
      
      Jackson
      
      Krueger
      
      Little
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (2)
      
      Boyle
      
      Helming
      
      excused (1)
      
      Kavanagh

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2537 - Details

Current Committee:: Assembly Housing
Law Section:: Private Housing Finance Law
Laws Affected:: Amd §31, Priv Hous Fin L
Versions Introduced in 2017-2018 Legislative Session:: S6264

2019-S2537 - Summary

Relates to establishing an electronic automated system for applications and waiting lists and to developing a written procedure for applicant selection and rejection.

2019-S2537 - Sponsor Memo

                                
 
BILL NUMBER: S2537

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the private housing finance law, in relation to estab-
lishing an electronic automated system for applications and waiting
lists, and to develop a written procedure for applicant selection and
rejection

 
PURPOSE:

To ensure that the process of choosing applicants for tenancy in Mitc-
hell-Lama developments is consistent and made available to the public.

 
SUMMARY OF PROVISIONS:

New subdivision 13 would allow for a commissioner or supervising agency
to develop a written procedure with regard to how applications for
admission to a company are processed and numbered, and how tenants are
selected.

New subdivision 14 would allow for the Commissioner of Homes and Commu-
nity Renewal or Supervising Agency to develop a procedure where appli-
cants are notified if their application is rejected. The notification
would be sent to the applicant in written form within sixty days of the
limited-profit housing company's decision to reject the applicant, and
would include reasons why the applicant was rejected and information
regarding the appears process for such decision.  Also, for purposes of
this subdivision, an applicant would not be deemed rejected if their
application is still active on the limited-profit housing company's
waiting list and such waiting list is still open and accepting applica-
tions.

This bill would also allow for the Commissioner or the Supervising Agen-
cy to develop and require the use of a publicly available electronic
automated system for limited-profit housing companies to store, process,
and maintain applications and waiting lists.

 
JUSTIFICATION:

The New York City Department of Housing Preservation and Development
(HPD) is the nation's largest municipal housing preservation and devel-
opment agency. Its mission is to make strategic investments that will
improve and strengthen neighborhoods while preserving the stability and
affordability of existing housing stock. The Mitchell-Lama program was
created in 1955 to provide affordable rental and cooperative housing to
moderate-income families. In New York City, there are 97 HPD-supervised
Mitchell-Lama rental and limited-equity cooperative developments, with
more than 45,300 total units. Each development is administered by either
a Board of Directors (cooperatives) or a managing agent (rentals and
cooperatives).

Applicants apply to the individual developments for a unit of a specific
size, and their names are placed on a manually maintained waiting list
(list) created by HPD staff and subsequently maintained by the respec-
tive managing agents. As vacancies occur, Applicants should be selected
in the order they appear on the list and sent to HPD for approval.

An audit completed in July 2015 found the following inconstancies with
the application process: applicants who were next in line for units in a
specific development were not always offered and/or awarded a unit in
the order they were listed. Also, they identified unit occupants whose
names were not submitted to HPD for approval by the respective managing
agents. The audit also found inconsistencies in the methods used by HPD
staff to place applicants on development waiting lists. This bill would
help ensure that any applicant to a Mitchell-Lama housing unit is aware
of their status on the waiting list, if applicable, and would also
require all Mitchell-Lama housing developments to have a uniform, base-
line standard for the handling and processing of applications. By adding
these new requirements, we hope to rectify these issues and streamline
the application process.

 
LEGISLATIVE HISTORY:

S 6264 COMRIE Same as A 4504 Blake

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect sixty days after it shall become law.

2019-S2537 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2537
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sens. COMRIE, SEPULVEDA -- 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  estab-
   lishing  an  electronic  automated system for applications and waiting
   lists, and to develop a written procedure for applicant selection  and
   rejection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 31 of the private housing finance law is amended by
 adding three new subdivisions 13, 14 and 15 to read as follows:
   13. THE COMMISSIONER OR SUPERVISING AGENCY  SHALL  DEVELOP  A  WRITTEN
 PROCEDURE WITH REGARD TO HOW APPLICATIONS FOR ADMISSION TO A COMPANY ARE
 PROCESSED  AND  NUMBERED,  AND  HOW TENANTS ARE SELECTED. SUCH PROCEDURE
 SHALL BE IMPLEMENTED AND FOLLOWED BY ALL LIMITED-PROFIT  HOUSING  COMPA-
 NIES  SUBJECT TO THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 ANY LIMITED-PROFIT HOUSING COMPANY MAY ELECT  ADDITIONAL  PROCEDURES  SO
 LONG  AS SUCH PROCEDURES ARE NOT INCONSISTENT WITH THE PROCEDURES DEVEL-
 OPED BY THE COMMISSIONER OR SUPERVISING AGENCY AND  ANY  OTHER  REQUIRE-
 MENTS SET FORTH IN THIS ARTICLE.
   14.  THE  COMMISSIONER OR SUPERVISING AGENCY SHALL DEVELOP A PROCEDURE
 WHEREBY APPLICANTS ARE NOTIFIED IN THE CASE THAT  THEIR  APPLICATION  IS
 REJECTED  BY  A LIMITED-PROFIT HOUSING COMPANY SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE, AND SUCH PROCEDURE  SHALL  ALSO  INCLUDE  THE  APPEAL'S
 PROCESS AVAILABLE TO THE REJECTED APPLICANT. THE NOTIFICATION THAT SHALL
 BE  SENT  TO THE APPLICANT SHALL BE IN WRITTEN FORM, INCLUDE REASONS WHY
 THE APPLICANT WAS REJECTED, THE APPEAL'S PROCESS, AND  BE  SENT  TO  THE
 APPLICANT  WITHIN  SIXTY  DAYS  AFTER THE LIMITED-PROFIT HOUSING COMPANY
 DECIDED TO REJECT SUCH APPLICANT. ANY LIMITED-PROFIT HOUSING COMPANY MAY
 ELECT ADDITIONAL PROCEDURES SO LONG AS SUCH PROCEDURES  ARE  NOT  INCON-
 SISTENT WITH THE PROCEDURES DEVELOPED BY THE COMMISSIONER OR SUPERVISING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08654-01-9

 S. 2537                             2
 
 AGENCY  AND  ANY  OTHER  REQUIREMENTS  SET  FORTH  IN  THIS ARTICLE. FOR
 PURPOSES OF THIS SUBDIVISION, AN APPLICANT SHALL NOT BE DEEMED  REJECTED
 IF  THEIR  APPLICATION  IS  STILL  ACTIVE  ON THE LIMITED-PROFIT HOUSING
 COMPANY'S WAITING LIST AND SUCH WAITING LIST IS STILL OPEN AND ACCEPTING
 APPLICATIONS.
   15.  THE  COMMISSIONER  OR  THE  SUPERVISING  AGENCY SHALL DEVELOP AND
 REQUIRE THE USE OF A PUBLICLY AVAILABLE ELECTRONIC AUTOMATED SYSTEM  FOR
 LIMITED-PROFIT  HOUSING COMPANIES TO STORE, PROCESS, AND MAINTAIN APPLI-
 CATIONS AND WAITING LISTS. WAITING LISTS MAINTAINED BY EACH SUCH COMPANY
 SHALL USE A METHOD THAT PROTECTS ANY PERSONALLY IDENTIFIABLE INFORMATION
 OF APPLICANTS FROM BEING PUBLICLY DISCLOSED OR ACCESSIBLE TO THE PUBLIC.
 SUCH ELECTRONIC AUTOMATED SYSTEM SHALL ALSO INCLUDE GENERAL  INFORMATION
 ABOUT EACH COMPANY, INCLUDING, BUT NOT LIMITED TO:  THE NAME AND ADDRESS
 OF  THE  COMPANY; THE MANAGEMENT OFFICE AND ADDRESS; THE NUMBER AND SIZE
 OF ALL UNITS IN EACH BUILDING; AND INFORMATION ON  THE  STATUS  OF  EACH
 WAITING  LIST,  INCLUDING  WHETHER THE LIMITED-PROFIT HOUSING COMPANY IS
 CURRENTLY ACCEPTING APPLICATIONS AND HOW LONG  APPLICANTS  MAY  HAVE  TO
 WAIT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2019-S2537A (ACTIVE) - Details

Current Committee:: Assembly Housing
Law Section:: Private Housing Finance Law
Laws Affected:: Amd §31, Priv Hous Fin L
Versions Introduced in 2017-2018 Legislative Session:: S6264

2019-S2537A (ACTIVE) - Summary

Relates to establishing an electronic automated system for applications and waiting lists and to developing a written procedure for applicant selection and rejection.

2019-S2537A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2537A

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the private housing finance law, in
relation to establishing an electronic automated system for applications
and waiting lists, and to develop a written procedure for applicant
selection and rejection

 
PURPOSE:

To ensure that the process of choosing applicants for tenancy in Mitc-
hell-Lama developments is consistent and made available to the public.

 
SUMMARY OF PROVISIONS:

New subdivision 13 would allow for a commissioner or supervising agency
to develop a written procedure with regard to how application s for
admission to a company are processed and numbered, and how tenants are
selected.

New subdivision 14 would allow for the Commissioner of Homes and Commu-

nity Renewal or Supervising Agency to develop a procedure where appli-
cants are notified if their application is rejected. The notification
would be sent to the applicant in written form within sixty days of the
limited-profit housing company's decision to reject the applicant, and
would include reasons why the applicant was rejected and information
regarding the appears process for such decision. Also, for purposes of
this subdivision, an applicant would not be deemed rejected if their
application is still active on the limited-profit housing company's
waiting list and such waiting list is still open and accepting applica-
tions.

This bill would also allow for the Commissioner or the Supervising Agen-
cy to develop and require the use of a publicly available electronic
automated system for limited-profit housing companies to store, process,
and maintain applications and waiting lists.

 
JUSTIFICATION:

The New York City Department of Housing Preservation and Development
(HPD) is the nation's largest municipal housing preservation and devel-
opment agency. Its mission is to make strategic investments that will
improve and strengthen neighborhoods while preserving the stability and
affordability of existing housing stock. The Mitchell-Lama program was
created in 1955 to provide affordable rental and cooperative housing to
moderate-income families. In New York City, there are 97 HPD-supervised
Mitchell-Lama rental and limited-equity cooperative developments, with
more than 45,300 total units. Each development is administered by either
a Board of Directors (cooperatives) or a managing agent (rentals and
cooperatives). Applicants apply to the individual developments for a
unit of a specific size, and their names are placed on a manually main-
tained waiting list (list) created by HPD staff and subsequently main-
tained by the respective managing agents. As vacancies occur, applicants
should be selected in the order they appear on the list and sent to HPD
for approval.

An audit completed in July 2015 found the following inconstancies with
the application process: applicants who were next in line for units in a
specific development were not always offered and/or awarded a unit in
the order they were listed. Also, they identified unit occupants whose
names were not submitted to HPD for approval by the respective managing
agents. The audit also found inconsistencies in the methods used by HPD
staff to place applicants on development waiting lists. This bill would
help ensure that any applicant to a Mitchell-Lama housing unit is aware
of their status on the waiting list, if applicable, and would also
require all Mitchell-Lama housing developments to have a uniform, base-
line standard for the handling and processing of applications. By adding
these new requirements, we hope to rectify these issues and streamline
the application process.

 
LEGISLATIVE HISTORY:

2017-18: Senate 6264 I Assembly 4504 (Blake) Passed Assembly, Senate
Housing Committee.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on June 15th, 2021.

2019-S2537A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2537--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced by Sens. COMRIE, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Housing,
   Construction and Community Development -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the private housing finance law, in relation  to  estab-
   lishing  an  electronic  automated system for applications and waiting
   lists, and to develop a written procedure for applicant selection  and
   rejection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 31 of the private housing finance law is amended by
 adding three new subdivisions 13, 14 and 15 to read as follows:
   13. THE COMMISSIONER OR SUPERVISING AGENCY  SHALL  DEVELOP  A  WRITTEN
 PROCEDURE WITH REGARD TO HOW APPLICATIONS FOR ADMISSION TO A COMPANY ARE
 PROCESSED  AND  NUMBERED,  AND  HOW TENANTS ARE SELECTED. SUCH PROCEDURE
 SHALL BE IMPLEMENTED AND FOLLOWED BY ALL LIMITED-PROFIT  HOUSING  COMPA-
 NIES  SUBJECT TO THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 ANY LIMITED-PROFIT HOUSING COMPANY MAY ELECT  ADDITIONAL  PROCEDURES  SO
 LONG  AS SUCH PROCEDURES ARE NOT INCONSISTENT WITH THE PROCEDURES DEVEL-
 OPED BY THE COMMISSIONER OR SUPERVISING AGENCY AND  ANY  OTHER  REQUIRE-
 MENTS SET FORTH IN THIS ARTICLE.
   14.  THE  COMMISSIONER OR SUPERVISING AGENCY SHALL DEVELOP A PROCEDURE
 WHEREBY APPLICANTS ARE NOTIFIED IN THE CASE THAT  THEIR  APPLICATION  IS
 REJECTED  BY  A LIMITED-PROFIT HOUSING COMPANY SUBJECT TO THE PROVISIONS
 OF THIS ARTICLE, AND SUCH PROCEDURE  SHALL  ALSO  INCLUDE  THE  APPEAL'S
 PROCESS AVAILABLE TO THE REJECTED APPLICANT. THE NOTIFICATION THAT SHALL
 BE  SENT  TO THE APPLICANT SHALL BE IN WRITTEN FORM, INCLUDE REASONS WHY
 THE APPLICANT WAS REJECTED, THE APPEAL'S PROCESS, AND  BE  SENT  TO  THE
 APPLICANT  WITHIN  SIXTY  DAYS  AFTER THE LIMITED-PROFIT HOUSING COMPANY
 DECIDED TO REJECT SUCH APPLICANT. ANY LIMITED-PROFIT HOUSING COMPANY MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08654-02-9

 S. 2537--A                          2
 
 ELECT ADDITIONAL PROCEDURES SO LONG AS SUCH PROCEDURES  ARE  NOT  INCON-
 SISTENT WITH THE PROCEDURES DEVELOPED BY THE COMMISSIONER OR SUPERVISING
 AGENCY  AND  ANY  OTHER  REQUIREMENTS  SET  FORTH  IN  THIS ARTICLE. FOR
 PURPOSES  OF THIS SUBDIVISION, AN APPLICANT SHALL NOT BE DEEMED REJECTED
 IF THEIR APPLICATION IS  STILL  ACTIVE  ON  THE  LIMITED-PROFIT  HOUSING
 COMPANY'S WAITING LIST AND SUCH WAITING LIST IS STILL OPEN AND ACCEPTING
 APPLICATIONS.
   15.  THE  COMMISSIONER  OR  THE  SUPERVISING  AGENCY SHALL DEVELOP AND
 REQUIRE THE USE OF A PUBLICLY AVAILABLE ELECTRONIC AUTOMATED SYSTEM  FOR
 LIMITED-PROFIT  HOUSING COMPANIES TO STORE, PROCESS, AND MAINTAIN APPLI-
 CATIONS AND WAITING LISTS. WAITING LISTS MAINTAINED BY EACH SUCH COMPANY
 SHALL USE A METHOD THAT PROTECTS ANY PERSONALLY IDENTIFIABLE INFORMATION
 OF APPLICANTS FROM BEING PUBLICLY DISCLOSED OR ACCESSIBLE TO THE PUBLIC.
 SUCH ELECTRONIC AUTOMATED SYSTEM SHALL ALSO INCLUDE GENERAL  INFORMATION
 ABOUT EACH COMPANY, INCLUDING, BUT NOT LIMITED TO:  THE NAME AND ADDRESS
 OF  THE  COMPANY; THE MANAGEMENT OFFICE AND ADDRESS; THE NUMBER AND SIZE
 OF ALL UNITS IN EACH BUILDING; AND INFORMATION ON  THE  STATUS  OF  EACH
 WAITING  LIST,  INCLUDING  WHETHER THE LIMITED-PROFIT HOUSING COMPANY IS
 CURRENTLY ACCEPTING APPLICATIONS AND HOW LONG  APPLICANTS  MAY  HAVE  TO
 WAIT.
   § 2. This act shall take effect June 15, 2021.

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Senate Bill S2537A

Share this bill

Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Luis R. Sepúlveda

2019-S2537 - Details

2019-S2537 - Summary

2019-S2537 - Sponsor Memo

2019-S2537 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2019-S2537A (ACTIVE) - Details

2019-S2537A (ACTIVE) - Summary

2019-S2537A (ACTIVE) - Sponsor Memo

2019-S2537A (ACTIVE) - Bill Text download pdf

Comments