S T A T E O F N E W Y O R K
________________________________________________________________________
621
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, PHEFFER AMATO -- read once and
referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to direct-
ing the department of housing preservation and development of the city
of New York to promulgate rules and regulations regarding mutual hous-
ing companies considering dissolution and/or reconstitution
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 35-a to read as follows:
§ 35-A. RULES AND REGULATIONS REGARDING DISSOLUTION. THE COMMISSIONER
OR SUPERVISING AGENCY SHALL PROMULGATE RULES AND REGULATIONS REGARDING
MUTUAL HOUSING COMPANIES CONSIDERING DISSOLUTION AND/OR RECONSTITUTION
PURSUANT TO SECTION THIRTY-FIVE OF THIS ARTICLE. SUCH RULES AND REGU-
LATIONS SHALL AT A MINIMUM INCLUDE:
1. A REQUIREMENT THAT ANY VOTE FOR DISSOLUTION OF THE COMPANY, OR FOR
AUTHORIZATION OF A FEASIBILITY STUDY, A PRELIMINARY OFFERING PLAN WHICH
MAY BE REFERRED TO AS A RED HERRING, A FINAL OFFERING PLAN WHICH MAY BE
REFERRED TO AS A BLACK BOOK, A PROXY STATEMENT, OR TO SEND A NOTICE OF
INTENT TO DISSOLVE TO THE COMMISSIONER OR SUPERVISING AGENCY SHALL
REQUIRE THE APPROVAL OF EIGHTY PERCENT OF ALL DWELLING UNITS, BOTH OCCU-
PIED AND UNOCCUPIED, OWNED BY THE MUTUAL HOUSING COMPANY.
2. A REQUIREMENT THAT NO FUNDS FROM THE OPERATING BUDGET OF THE MUTUAL
HOUSING COMPANY SHALL BE USED FOR THE PREPARATION OR DISTRIBUTION OF A
FEASIBILITY STUDY, A PRELIMINARY OFFERING PLAN OR RED HERRING, A FINAL
OFFERING PLAN OR BLACK BOOK, A PROXY STATEMENT, OR A NOTICE OF INTENT TO
DISSOLVE; OR TO PAY FOR ANY SERVICES RELATED TO EVALUATION OF, PREPARA-
TION FOR, OR EXECUTION OF DISSOLUTION AND/OR RECONSTITUTION PURSUANT TO
SECTION THIRTY-FIVE OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO LEGAL
SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00373-01-1
A. 621 2
3. NO VOTE UNDER SUBDIVISION ONE OF THIS SECTION, SHALL OCCUR WITHIN
FIVE YEARS FOLLOWING A VOTE UNDER SUBDIVISION ONE OF THIS SECTION THAT
FAILED.
§ 2. This act shall take effect immediately and shall be applicable to
all votes and activities pursuant to section 35-a of the private housing
finance law that take place on or after such date on which it shall have
become a law.