S T A T E O F N E W Y O R K
________________________________________________________________________
8588
2025-2026 Regular Sessions
I N A S S E M B L Y
May 21, 2025
___________
Introduced by M. of A. DE LOS SANTOS -- (at request of the New York
State Homes and Community Renewal) -- read once and referred to the
Committee on Housing
AN ACT to amend the private housing finance law, in relation to the
powers of the New York state division of housing and community renewal
and supervising agencies and the obligations of certain New York state
funded housing providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 22-a of the private housing finance law, as added
by chapter 208 of the laws of 2008, is amended to read as follows:
§ 22-a. Redevelopment loans. Notwithstanding any provision of this
article to the contrary, where a state-aided project undergoes a compre-
hensive redevelopment plan, WHICH MAY INCLUDE ENERGY EFFICIENCY UPGRADES
OR TECHNOLOGY INTENDED TO REDUCE GREENHOUSE GAS EMISSIONS, the commis-
sioner may approve a loan and encumbrance of such project in an amount
in excess of actual project cost within the meaning of section twenty-
one of this article, provided that such amount represents THE cost of
capital improvements, redevelopment or acquisition [by a new owner], any
consequent rent increase is not unduly burdensome to the tenants, and
the company enters into an agreement to remain subject to the provisions
of this article for a period of no less than an additional [fifteen]
THIRTY years from issuance of the loan and encumbrance. PROVIDED
FURTHER THAT THE COMMISSIONER SHALL NOT PROVIDE FOR AN ADDITIONAL RETURN
ON EQUITY THAT EXCEEDS MORE THAN TEN PERCENT OVER THE COST OF THE CAPI-
TAL IMPROVEMENT OR REDEVELOPMENT OF THE PROJECT.
§ 2. Section 82-a of the private housing finance law, as added by
chapter 208 of the laws of 2008, is amended to read as follows:
§ 82-a. Redevelopment loans. Notwithstanding any provision of section
eighty-one or eighty-two of this article to the contrary, where a hous-
ing company undergoes a comprehensive redevelopment plan, WHICH MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10189-02-5
A. 8588 2
INCLUDE ENERGY EFFICIENCY UPGRADES OR TECHNOLOGY INTENDED TO REDUCE
GREENHOUSE GAS EMISSIONS, the commissioner may approve a loan and encum-
brance of such project in an amount in excess of actual cost of the
project, provided that such amount represents THE cost of capital
improvements, redevelopment or acquisition [by a new owner], any conse-
quent rent increase is not unduly burdensome to the tenants, and the
housing company enters into an agreement to remain subject to the
provisions of this article for a period of no less than [fifteen] THIRTY
years from issuance of the loan and encumbrance. PROVIDED FURTHER THAT
THE COMMISSIONER SHALL NOT PROVIDE FOR AN ADDITIONAL RETURN ON EQUITY
THAT EXCEEDS MORE THAN TEN PERCENT OVER THE COST OF THE CAPITAL IMPROVE-
MENT OR REDEVELOPMENT OF THE PROJECT.
§ 3. This act shall take effect immediately.