S T A T E   O F   N E W   Y O R K
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                                   10520
 
                           I N  A S S E M B L Y
 
                               June 1, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cunningham)
   -- read once and referred to the Committee on Cities
 
 AN ACT to amend the facilities development corporation act, in  relation
   to the transfer and conveyance of certain property to a housing devel-
   opment fund corporation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 13 of section 5 of section 1 of chapter 359  of
 the  laws  of  1968, constituting the facilities development corporation
 act, as amended by chapter 723 of the laws of 1993, is amended  to  read
 as follows:
   13.  (A)  Subject  to the terms and conditions of any lease, sublease,
 loan or other financing agreement with the state housing finance  agency
 or the state medical care facilities finance agency, and to the determi-
 nation  of  the  appropriate  commissioner of the department, and in the
 case of community mental health and retardation facilities, of the  city
 or  county,  that  such  real property held for the purposes of a mental
 hygiene facilities improvement program is unnecessary for the present or
 foreseeable future needs of a mental hygiene facility, with the approval
 of the director of the budget, to  convey  for  fair  value,  EXCEPT  AS
 OTHERWISE  PROVIDED  IN  PARAGRAPH  (B)  OF THIS SUBDIVISION, any right,
 title or interest of the people of the state of New York in and to  such
 real  property  to  any appropriate state agency, or public corporation,
 city or county for other public use or for sale, lease or other disposi-
 tion in accordance with law, real  property  held  by  the  corporation,
 provided,  however,  nothing  in  this  subdivision  shall  be deemed to
 [supercede] SUPERSEDE the provisions of  section  41.34  of  the  mental
 hygiene  law  and  provided  further  that  any such conveyance shall be
 subject to, and consistent with the terms and objectives  of,  any  plan
 developed  by  the  state interagency council on mental hygiene property
 utilization. The corporation shall provide written notice at least thir-
 ty days in advance of the effective date of any conveyance to the gover-
 nor, the majority leader of the senate and the speaker of the  assembly.
 No  conveyance  as  authorized  in  this  subdivision that may adversely
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14009-02-2
 A. 10520                            2
 
 affect the tax exempt nature of any such lease, sublease, loan or  other
 financing  agreement  with  the  state housing finance agency or the New
 York state medical care facilities finance agency may  occur  until  the
 attorney  general or other designated bond counsel determines in writing
 that the conveyance is consistent with all applicable state and  federal
 laws,  rules  and  regulations,  and with deeds, leases, subleases, loan
 agreements, financing agreements, and bond resolutions  relating  to  or
 affected  by the conveyance, and that the conveyance does not impair the
 tax exempt status of outstanding obligations issued by the state housing
 finance agency or the New York state  medical  care  facilities  finance
 agency  to  finance  or refinance the design, construction, acquisition,
 reconstruction, rehabilitation or improvement of mental  health  service
 facilities  as  defined  in  the  New York state medical care facilities
 finance agency act.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  FOR
 THE  PURPOSES  OF  TRANSFERRING AND CONVEYING THE WESTERNMOST PORTION OF
 THAT CERTAIN  PROPERTY  COMMONLY  KNOWN  AS  THE  KINGSBORO  PSYCHIATRIC
 CENTER,  LOCATED AT 681 CLARKSON AVENUE IN BROOKLYN, NEW YORK TO A HOUS-
 ING DEVELOPMENT FUND CORPORATION FORMED PURSUANT TO ARTICLE  XI  OF  THE
 PRIVATE  HOUSING FINANCE LAW, FOR THE PURPOSES DESCRIBED BELOW, THE TERM
 "FAIR VALUE" SHALL BE DEEMED TO BE AN AMOUNT DETERMINED  TO  BE  IN  THE
 PUBLIC  INTEREST  AND AGREED UPON BETWEEN THE COMMISSIONER OF THE OFFICE
 OF MENTAL HEALTH AND THE COMMISSIONER OF THE  DIVISION  OF  HOUSING  AND
 COMMUNITY  RENEWAL,  PROVIDED, HOWEVER, THAT SUCH AGREED UPON AMOUNT MAY
 BE LESS THAN THE APPRAISED FAIR VALUE, IN ORDER TO FACILITATE THE DEVEL-
 OPMENT OF THE PUBLIC BENEFIT VITAL BROOKLYN PROJECT AND IN REFLECTION OF
 THE VITAL BROOKLYN INITIATIVE AND THE INTENDED USE OF THE  PROPERTY,  TO
 INCREASE  ACCESS  TO  OPEN SPACES, INCREASE ACCESS AND QUALITY OF HEALTH
 CARE SERVICES AND PREVENTATIVE CARE, CREATE AFFORDABLE HOUSING,  AND  TO
 PROVIDE  AT  LEAST  ONE  HUNDRED  SUPPORTIVE HOUSING UNITS FOR OFFICE OF
 MENTAL HEALTH RECIPIENTS. THE DESCRIPTION OF THE LANDS TO BE TRANSFERRED
 AND CONVEYED  AS  SET  FORTH  ABOVE  IS  NOT  INTENDED  TO  BE  A  LEGAL
 DESCRIPTION  BUT, INTENDED ONLY TO IDENTIFY THE PROPERTY SUBJECT TO THIS
 PARAGRAPH.
   § 2. This act shall take effect immediately.