S T A T E O F N E W Y O R K
________________________________________________________________________
4948
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the private housing finance law, in relation to initiat-
ing a five-year moratorium on the dissolution of any urban rental
Mitchell-Lama company, and in relation to establishing the implementa-
tion of a Mitchell-Lama housing program study; and providing for the
repeal of certain provisions upon expiration thereof
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-b to read as follows:
§ 35-B. MORATORIUM ON VOLUNTARY DISSOLUTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY URBAN RENTAL COMPANY CREATED PURSUANT TO THIS
ARTICLE AND OTHERWISE ELIGIBLE TO VOLUNTARILY DISSOLVE PURSUANT TO
SECTION THIRTY-FIVE OF THIS ARTICLE SHALL BE PROHIBITED FROM SUCH
DISSOLUTION.
§ 2. 1. Mitchell-Lama housing program study. New York State Homes and
Community Renewal, in consultation with the New York City Department of
Housing Preservation, shall execute a study on the preservation,
sustainability, reform, and growth of the Mitchell-Lama housing program,
including, but not limited to:
a. recommendations for the expansion of the Mitchell-Lama housing
program to address the affordable housing needs of New York's growing
population;
b. taxation and financing models to encourage housing developers to
participate in the Mitchell-Lama housing program;
c. adjusting the amount of time a company must remain in the Mitc-
hell-Lama housing program before it may voluntarily dissolve;
d. an analysis of current family income criteria used to determine
access to low- and middle-income housing;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08840-01-3
A. 4948 2
e. a determination of geographic areas of the state to best locate
potential Mitchell-Lama housing;
f. policy initiative responsive to the present and future needs of the
Mitchell-Lama housing program and of Mitchell-Lama developments owned by
urban rental or mutual companies;
g. the feasibility of methods to preserve and expand the inventory of
Mitchell-Lama housing relative to and within New York's other low- and
middle-income housing programs.
2. Preliminary and final study report. New York State Homes and Commu-
nity Renewal shall submit to the governor, the speaker and the minority
leader of the assembly, and the temporary president and the minority
leader of the senate a preliminary report with findings concerning the
Mitchell-Lama housing program within two years of the effective date of
this section. Four years after the effective date of this section, New
York State Homes and Community Renewal shall submit to the governor, the
speaker and minority leader of the assembly, and the temporary president
and minority leader of the senate a final report with recommendations
respecting the Mitchell-Lama housing program study.
3. Assistance. To the maximum extent possible, New York State Homes
and Community Renewal shall be entitled to request and receive, and
shall utilize and be provided with such facilities, resources, and data
from any state court, department, division, board, bureau, commission,
agency, or political subdivision that they may reasonably request to
properly execute their responsibilities pursuant to this act.
§ 3. This act shall take effect immediately, provided, however, that
the provisions of section one of this act shall expire and be deemed
repealed five years after this act shall have become a law.