The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2900
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by M. of A. GALLAGHER, L. ROSENTHAL, ZINERMAN, REYES, GONZA-
   LEZ-ROJAS, JACKSON, DINOWITZ, EPSTEIN, SIMON, GLICK,  KELLES,  CARROLL
   -- read once and referred to the Committee on Housing
 
 AN  ACT  to  amend  the public housing law, in relation to directing the
   commissioner of housing and community renewal to conduct annual audits
   of compliance with the affordable New York housing program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the public housing law is amended by adding a
 new subdivision 8 to read as follows:
   8.  THE  COMMISSIONER  SHALL CONDUCT AN ANNUAL AUDIT OF THE AFFORDABLE
 NEW YORK HOUSING PROGRAM ESTABLISHED PURSUANT TO  SECTION  FOUR  HUNDRED
 TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW TO MEASURE COMPLIANCE WITH THE
 REQUIREMENTS  OF  SUCH  SECTION. THE AUDIT SHALL REVIEW PROPERTIES WHICH
 RECEIVE BENEFITS PURSUANT TO THE AFFORDABLE NEW YORK HOUSING PROGRAM  TO
 CONFIRM  THAT  OWNERS  OF  SUCH  PROPERTIES  ARE COMPLYING WITH THE RENT
 REGISTRATION, AFFORDABILITY, RENT STABILIZATION AND APPLICATION REQUIRE-
 MENTS OF SUCH PROGRAM.  THE AUDIT SHALL ALSO  REVIEW  UNITS  WITHIN  THE
 GEOGRAPHIC  EXCLUSION  AREA, INCLUDING ANY EXPANDED GEOGRAPHIC EXCLUSION
 AREAS, SUCH AS THE ONE ADDED IN TWO THOUSAND SEVEN, TO ENSURE COMPLIANCE
 WITH THE AFFORDABILITY REQUIREMENTS.  THE COMMISSIONER SHALL PUBLISH THE
 RESULTS OF THE AUDIT ANNUALLY ON OR  BEFORE  DECEMBER  THIRTY-FIRST  AND
 SHALL  MAKE  SUCH  RESULTS PUBLICLY AVAILABLE ON THE DIVISION'S WEBSITE.
 THE INITIAL AUDIT SHALL BE COMPLETED BY THE COMMISSIONER,  IN  CONSULTA-
 TION  WITH THE STATE COMPTROLLER, AND SHALL INCLUDE ALL PROPERTIES WHICH
 ARE RECEIVING OR HAVE RECEIVED BENEFITS PURSUANT TO THE  AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM OR PRIOR PROGRAMS ESTABLISHED PURSUANT TO SECTION
 FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW; PROVIDED, HOWEV-
 ER, THAT ALL  SUBSEQUENT  AUDITS  NEED  ONLY  INCLUDE  PROPERTIES  WHICH
 RECEIVED BENEFITS DURING THE PRIOR YEAR.  IN THE EVENT THAT THE AFFORDA-
 BLE  NEW YORK HOUSING PROGRAM IS TERMINATED OR OTHERWISE DISCONTINUED, A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00166-01-3

 A. 2900                             2
 
 FINAL AUDIT OF THE PROGRAM SHALL BE SUBMITTED ONE YEAR  AFTER  THE  LAST
 PROPERTY SUBJECT TO RENT REGISTRATION, AFFORDABILITY, RENT STABILIZATION
 AND APPLICATION REQUIREMENTS OF THE PROGRAM IS NO LONGER SUBJECT TO SUCH
 REQUIREMENTS.
   § 2. This act shall take effect immediately.