Assembly Bill A10445

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10445
 
                           I N  A S S E M B L Y
 
                               March 6, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the private housing finance law, in relation to enacting
   the "care workforce housing preference act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "care workforce housing preference act".
   § 2. Legislative findings and intent.  The  legislature  hereby  finds
 that  New  York's  direct care, health, and human services workforce-in-
 cluding direct  support  professionals,  certified  nursing  assistants,
 licensed  practical  nurses,  registered  nurses,  behavioral health and
 human services staff, and early intervention and special education ther-
 apists-faces severe housing affordability challenges that threaten work-
 force recruitment and retention. To address these challenges,  this  act
 establishes  a fair-housing compliant preference for members of the care
 workforce in certain affordable housing programs.
   § 3. The private housing finance  law  is  amended  by  adding  a  new
 section 47-f to read as follows:
   §  47-F.  CARE  WORKFORCE  HOUSING  PREFERENCE.  1. APPLICABILITY. THE
 PROVISIONS OF THIS SECTION SHALL APPLY TO:
   (A) ANY LOW-INCOME HOUSING TAX CREDIT DEVELOPMENT FINANCED WITH EITHER
 NINE PERCENT OR FOUR PERCENT BONDS AND CREDITS;
   (B) RENTAL HOUSING DEVELOPMENTS FINANCED  WITH  BONDS  ISSUED  BY  THE
 AGENCY; AND
   (C) RENTAL HOUSING DEVELOPMENTS ASSISTED WITH U.S. DEPARTMENT OF HOUS-
 ING  AND  URBAN DEVELOPMENT'S HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS,
 PROVIDED THAT THE SPONSOR ELECTS TO ADOPT SUCH PREFERENCE.
   2. ELIGIBLE HOUSEHOLDS. A HOUSEHOLD SHALL QUALIFY FOR THE  CARE  WORK-
 FORCE  HOUSING  PREFERENCE  IF  AT  LEAST ONE MEMBER OF THE HOUSEHOLD IS
 EMPLOYED IN A QUALIFYING CARE OCCUPATION, AS DETERMINED BY  THE  AGENCY,
 INCLUDING BUT NOT LIMITED TO:
   (A) DIRECT SUPPORT PROFESSIONALS;
   (B) CERTIFIED NURSING ASSISTANTS;
   (C) LICENSED PRACTICAL NURSES AND REGISTERED NURSES;
   (D)  BEHAVIORAL  HEALTH  OR  HUMAN  SERVICES  STAFF,  INCLUDING  THOSE
 EMPLOYED BY PROGRAMS OVERSEEN BY THE OFFICE  FOR  PEOPLE  WITH  DEVELOP-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14233-01-5
 A. 10445                            2
 
 MENTAL  DISABILITIES,  THE  OFFICE  OF  MENTAL HEALTH, AND THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS; AND
   (E) EARLY INTERVENTION AND SPECIAL EDUCATION THERAPISTS.
   3.  METHOD OF APPLICATION. (A) THE PREFERENCE UNDER THIS SECTION SHALL
 BE ADMINISTERED THROUGH LOTTERY WEIGHTING OR TIE-BREAKING PROCEDURES.
   (B) THE PREFERENCE UNDER THIS SECTION SHALL NOT  CONSTITUTE  A  SET-A-
 SIDE,  AND  ALL INCOME-ELIGIBLE APPLICANTS SHALL REMAIN ELIGIBLE REGARD-
 LESS OF EMPLOYMENT STATUS.
   4. PREFERENCE WINDOW AND CAP. (A) THE PREFERENCE  UNDER  THIS  SECTION
 SHALL APPLY DURING THE FIRST SIXTY DAYS OF EACH MARKETING CYCLE, INCLUD-
 ING INITIAL LEASE-UP AND ANY SUBSEQUENT RE-RENTAL PERIODS.
   (B)  THE  PREFERENCE UNDER THIS SECTION SHALL APPLY UNTIL NO MORE THAN
 TWENTY PERCENT OF RESTRICTED UNITS IN  THE  DEVELOPMENT  ARE  LEASED  TO
 HOUSEHOLDS  DEEMED  ELIGIBLE  UNDER  SUBDIVISION  TWO  OF  THIS SECTION;
 PROVIDED, HOWEVER, THAT A PROJECT SPONSOR MAY ELECT TO IMPLEMENT  A  TEN
 PERCENT OR FIVE PERCENT TARGET.
   5.  QUALIFIED ALLOCATION PLAN SCORING. (A) THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL SHALL AMEND THE QUALIFIED ALLOCATION PLAN TO ADD A NEW
 SCORING CATEGORY ENTITLED "CARE WORKFORCE HOUSING". UP  TO  FIVE  POINTS
 MAY BE AWARDED AS FOLLOWS:
   (I)  FIVE  POINTS  FOR ADOPTION OF THE PREFERENCE AT TWENTY PERCENT OF
 UNITS TOGETHER WITH SUBMISSION OF A VERIFIED  CARE  WORKFORCE  MARKETING
 AND OUTREACH PLAN;
   (II)  THREE  POINTS  FOR  ADOPTION OF THE PREFERENCE AT TEN PERCENT OF
 UNITS TOGETHER WITH SUCH PLAN;
   (III) ONE POINT FOR ADOPTION OF THE  PREFERENCE  AT  FIVE  PERCENT  OF
 UNITS TOGETHER WITH SUCH PLAN.
   (B)  THE  DIVISION MAY ALSO RECOGNIZE ADOPTION OF THE PREFERENCE UNDER
 THIS SECTION AS A STATE-DESIGNATED PRIORITY  ELIGIBLE  FOR  BASIS  BOOST
 WHERE NECESSARY.
   6.  CARE  WORKFORCE  MARKETING  AND  OUTREACH  PLAN.  A  MARKETING AND
 OUTREACH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) NAMED PARTNERSHIPS WITH PROVIDER AGENCIES, UNIONS, HOSPITALS,  AND
 OTHER ENTITIES REPRESENTING THE CARE WORKFORCE;
   (B)  PROVISION  OF  APPLICATION  MATERIALS  IN MULTIPLE LANGUAGES, AND
 AVAILABILITY OF EVENING AND WEEKEND APPLICATION ASSISTANCE;
   (C) VOUCHER-NEUTRAL SCREENING POLICIES;
   (D) WEEKLY TRACKING OF APPLICATION SOURCES; AND
   (E) CLOSE-OUT AND ANNUAL REPORTING ON THE IMPLEMENTATION OF THE  PREF-
 ERENCE UNDER THIS SECTION.
   7.  EFFECTIVENESS  AND REGULATIONS. (A) THE PROVISIONS OF THIS SECTION
 SHALL APPLY TO DEVELOPMENTS UNDER SUBDIVISION ONE OF THIS SECTION BEGIN-
 NING UPON THE FIRST CALENDAR QUARTER NEXT SUCCEEDING THE DATE  ON  WHICH
 THIS SECTION SHALL HAVE BECOME A LAW.
   (B)  THE  AGENCY  SHALL  BE  AUTHORIZED TO PROMULGATE ANY RULES AND/OR
 REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 5. This act shall take effect immediately.