S T A T E   O F   N E W   Y O R K
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                                   7995
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in  relation  to  authorizing
   the county of Ulster to establish an affordable housing fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general municipal  law  is  amended  by  adding  a  new
 section 6-w to read as follows:
   §  6-W.  AFFORDABLE  HOUSING  FUND  IN  THE COUNTY OF ULSTER. 1. DEFI-
 NITIONS.  AS USED IN THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   A.  "AFFORDABLE  HOUSING" MEANS HOUSING FOR PERSONS OR FAMILIES DEEMED
 TO BE OR ELIGIBLE TO BE DEEMED TO BE OF EXTREMELY LOW, VERY LOW, LOW  OR
 MODERATE  INCOME  BY ANY STATE OR FEDERAL HOUSING PROGRAM, FOR WHICH THE
 OCCUPANT IS PAYING NO MORE THAN THIRTY PERCENT OF GROSS INCOME FOR HOUS-
 ING COSTS INCLUDING UTILITIES; PROVIDED, HOWEVER, THAT NOTHING  IN  THIS
 DEFINITION  SHALL  PREVENT  THE  COUNTY  FROM FUNDING AFFORDABLE HOUSING
 EITHER ABOVE OR BELOW THIS AFFORDABILITY  LEVEL  WHEN  SUCH  FUNDING  IS
 PURSUANT  TO  FEDERAL  OR STATE PROGRAMS PROVIDING HOUSING ASSISTANCE OR
 WHERE ANY INCOME-RESTRICTED HOUSING,  WHETHER  INTENDED  FOR  RENTAL  OR
 HOMEOWNERSHIP, IS SUBJECT TO A REGULATORY AGREEMENT WITH A LOCAL, STATE,
 OR FEDERAL GOVERNMENTAL ENTITY.
   B.  "BOARD"  MEANS  THE ADVISORY BOARD CREATED PURSUANT TO SUBDIVISION
 SIX OF THIS SECTION.
   C. "FUND" MEANS THE AFFORDABLE HOUSING  FUND  AUTHORIZED  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   D.  "PRIMARY RESIDENTIAL PROPERTY" MEANS ANY ONE- OR TWO-FAMILY HOUSE,
 MULTIPLE DWELLING, COOPERATIVE, OR ACCESSORY DWELLING UNIT.
   E. "ELIGIBLE INDIVIDUAL" MEANS UNHOUSED INDIVIDUALS  AND  FAMILIES  OR
 HOUSEHOLDS  WITH  AN  INCOME  OF UP TO EIGHTY PERCENT OF THE AREA MEDIAN
 INCOME OF ULSTER COUNTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11796-02-5
              

 S. 7995                             2
 
   F. "EMERGENCY HOUSING" MEANS SHORT-TERM HOUSING ACCOMPANIED BY SUPPORT
 SERVICES IN WHICH THE INDIVIDUAL OR FAMILY BEING HOUSED DOES NOT HAVE  A
 LEASE.  SUCH  HOUSING  INCLUDES SHORT-TERM HOUSING PROVIDED IN A SHELTER
 BUILT SPECIFICALLY FOR SUCH PURPOSE, OR IN OTHER SHORT-TERM HOUSING SUCH
 AS  THAT  PROVIDED  BY  A HOTEL OR MOTEL PAID FOR BY THE SOCIAL SERVICES
 DISTRICT OR NOT-FOR-PROFIT AGENCY. EMERGENCY HOUSING IS LIMITED TO FAMI-
 LIES AND INDIVIDUALS WHO ARE:
   (I) HOMELESS;
   (II) AT-RISK OF HOMELESSNESS;
   (III)  FLEEING  OR  ATTEMPTING  TO  FLEE  DOMESTIC  VIOLENCE,   DATING
 VIOLENCE, SEXUAL ASSAULT, STALKING, OR HUMAN TRAFFICKING; OR
   (IV)  RECENTLY  HOMELESS AND FOR WHOM PROVIDING RENTAL ASSISTANCE WILL
 PREVENT THE FAMILY'S HOMELESSNESS OR HAVING HIGH RISK OF HOUSING  INSTA-
 BILITY.
   2.  FUND  AUTHORIZED.  A.  THE  COUNTY LEGISLATURE OF ULSTER COUNTY IS
 AUTHORIZED TO ESTABLISH BY LOCAL LAW AN AFFORDABLE HOUSING FUND PURSUANT
 TO THE PROVISIONS OF THIS SECTION.
   B. DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF THE LOCAL GOVERNMENT
 FROM WHATEVER SOURCE, INCLUDING BUT NOT LIMITED TO:  (I) ALL REVENUES OF
 THE COUNTY'S HOUSING ACTION FUND ASSIGNMENT OF THE GENERAL  FUND  ESTAB-
 LISHED  PURSUANT  TO  LOCAL  RESOLUTION  330  OF 2023; (II) ANY PROCEEDS
 RECEIVED BY THE COUNTY FROM THE SALE OR  RENTAL  OF  AFFORDABLE  HOUSING
 PRODUCED  FROM REVENUES OF THE FUND; AND (III) UP TO TWENTY-FIVE PERCENT
 OF REVENUES FROM THE HOTEL AND MOTEL ROOM OCCUPANCY  TAX  AUTHORIZED  BY
 SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWO-L OF THE TAX LAW.
   3. PURPOSES OF THE FUND. THE PROCEEDS OF THE FUND ESTABLISHED PURSUANT
 TO  SUBDIVISION  TWO OF THIS SECTION SHALL BE UTILIZED FOR THE FOLLOWING
 PURPOSES:
   A. THE ACTUAL PRODUCTION OF AFFORDABLE HOUSING FOR  SALE  TO  ELIGIBLE
 INDIVIDUALS BY THE COUNTY;
   B.  THE  ACTUAL PRODUCTION OF AFFORDABLE HOUSING, EMERGENCY HOUSING OR
 SUPPORTIVE HOUSING FOR SALE TO ELIGIBLE INDIVIDUALS IN CONJUNCTION  WITH
 A PUBLIC/PRIVATE PARTNERSHIP, WHERE THE PRIVATE PARTNER AGREES TO COMPLY
 WITH  THE  PROFIT  GUIDELINES  OF  THE NEW YORK STATE AFFORDABLE HOUSING
 CORPORATION AND THE PROVISIONS OF THIS SECTION;
   C. THE ACTUAL PRODUCTION AND MAINTENANCE OF AFFORDABLE HOUSING,  EMER-
 GENCY  HOUSING  OR SUPPORTIVE HOUSING FOR RENTAL TO ELIGIBLE INDIVIDUALS
 EITHER BY THE COUNTY OR IN CONJUNCTION WITH  A  PUBLIC/PRIVATE  PARTNER-
 SHIP,  WHERE THE PRIVATE PARTNER AGREES TO COMPLY WITH THE PROFIT GUIDE-
 LINES OF THE NEW YORK  STATE  AFFORDABLE  HOUSING  CORPORATION  AND  THE
 PROVISIONS OF THIS SECTION;
   D.  THE  REHABILITATION  OF  EXISTING  BUILDINGS AND STRUCTURES IN THE
 COUNTY FOR THE PURPOSE OF CONVERSION TO AFFORDABLE HOUSING FOR  SALE  OR
 RENTAL TO ELIGIBLE INDIVIDUALS;
   E.  THE  ACQUISITION OF INTERESTS IN REAL PROPERTY IN EXISTING HOUSING
 UNITS, WHICH WILL RESULT IN THE PRODUCTION  OF  AFFORDABLE  HOUSING,  OR
 EMERGENCY  HOUSING  OR SUPPORTIVE HOUSING FOR SALE OR RENTAL TO ELIGIBLE
 INDIVIDUALS; AND
   F. THE PROVISION OF  HOUSING  COUNSELING  SERVICES  BY  NOT-FOR-PROFIT
 CORPORATIONS WHO ARE AUTHORIZED BY THE UNITED STATES DEPARTMENT OF HOUS-
 ING AND URBAN DEVELOPMENT TO PROVIDE SUCH SERVICES.
   4. FUND MANAGEMENT. THE FUND SHALL BE MAINTAINED IN A SEPARATE ACCOUNT
 BY  THE  COMMISSIONER  OF  FINANCE OF ULSTER COUNTY. THE COMMISSIONER OF
 FINANCE OF ULSTER COUNTY MAY INVEST THE  MONIES  IN  SUCH  FUND  IN  THE
 MANNER  PROVIDED  IN SECTION ELEVEN OF THIS ARTICLE. INTEREST ACCRUED BY
 MONIES DEPOSITED INTO THE FUND SHALL BE CREDITED TO THE FUND. EXCEPT  AS
 S. 7995                             3
 
 SPECIFICALLY  AUTHORIZED  IN  THIS SECTION, NO MONIES DEPOSITED INTO THE
 FUND SHALL BE TRANSFERRED TO ANY OTHER ACCOUNT.
   5.  ELIGIBLE  EXPENSES.  FOR  THE  PURPOSES  OF THIS SECTION, ELIGIBLE
 EXPENSES RELATING TO THE PRODUCTION  OF  AFFORDABLE  HOUSING,  EMERGENCY
 HOUSING OR SUPPORTIVE HOUSING, AND THE REHABILITATION OF EXISTING BUILD-
 INGS  AND  STRUCTURES UNDER THE FUND SHALL INCLUDE BUT NOT BE LIMITED TO
 LAND ACQUISITION, PLANNING, ENGINEERING, CONSTRUCTION COSTS, THE INSTAL-
 LATION OR UPGRADING OF WATER AND SEWER LINES TO A PUBLIC CONNECTION, THE
 INSTALLATION OR UPGRADING OF PRIVATE WELLS AND SANITARY  SYSTEMS,  STORM
 SEWERS,  OTHER  SITE  IMPROVEMENTS OR SITE PREPARATION NECESSARY FOR THE
 CREATION OF AFFORDABLE HOUSING, EMERGENCY HOUSING OR SUPPORTIVE  HOUSING
 AND,  WHERE  REQUIRED  BY  LOCAL  ZONING  ORDINANCES,  ROAD AND SIDEWALK
 CONSTRUCTION, AND OTHER HARD AND SOFT  COSTS  DIRECTLY  RELATED  TO  THE
 CONSTRUCTION,  REHABILITATION, PURCHASE OR RENTAL OF HOUSING PURSUANT TO
 THIS SECTION AND PURSUANT TO THE ULSTER COUNTY HOUSING ACTION PLAN.  ALL
 PROJECTS  FUNDED  PURSUANT TO THIS SECTION SHALL BE REQUIRED TO MEET NEW
 YORK STATE HOUSING AND COMMUNITY RENEWAL SUSTAINABILITY  GUIDELINES  FOR
 NEW  CONSTRUCTION  AND  EXISTING BUILDINGS. ALL REVENUES RECEIVED BY THE
 COUNTY FROM THE SALE OR RENTAL OF COMMUNITY HOMES, OR THE  REPAYMENT  OF
 LOANS SHALL BE DEPOSITED IN THE FUND.
   6. ADVISORY BOARD ESTABLISHED. THE ULSTER COUNTY BOARD SHALL CREATE AN
 ADVISORY BOARD PURSUANT TO LOCAL RESOLUTION NUMBER 330 OF 2023 TO REVIEW
 AND  MAKE  RECOMMENDATIONS  REGARDING  THE  COUNTY'S HOUSING ACTION PLAN
 REQUIRED BY SUBDIVISION SEVEN OF THIS SECTION. SUCH BOARD SHALL  CONSIST
 OF  FIVE  MEMBERS  WHO  ARE  NOT  EMPLOYEES  OF  ULSTER COUNTY, WITH TWO
 APPOINTMENTS MADE BY THE COUNTY EXECUTIVE, ONE APPOINTMENT MADE  BY  THE
 CHAIR  OF  THE  ULSTER  COUNTY  LEGISLATURE, ONE APPOINTMENT MADE BY THE
 MAJORITY LEADER OF THE ULSTER COUNTY LEGISLATURE,  AND  ONE  APPOINTMENT
 MADE BY THE MINORITY LEADER OF THE ULSTER COUNTY LEGISLATURE. MEMBERS OF
 THE  BOARD  SHALL  SERVE WITHOUT COMPENSATION. THE BOARD SHALL ACT IN AN
 ADVISORY CAPACITY TO THE COUNTY EXECUTIVE.
   7. ADOPTION OF HOUSING PLAN. A. BEFORE ULSTER COUNTY  MAY  EXPEND  ANY
 FUNDS  PURSUANT  TO THIS SECTION, THE COUNTY BOARD SHALL FIRST ADOPT, OR
 HAVE ADOPTED, A COUNTY HOUSING PLAN, INCLUDING BUT NOT LIMITED TO ULSTER
 COUNTY RESOLUTION NUMBER 171 OF 2021, WHICH ESTABLISHES  AN  IMPLEMENTA-
 TION  PLAN  FOR THE PROVISION OF AFFORDABLE HOUSING OPPORTUNITIES BY THE
 FUND.  SUCH PLAN SHALL BE ADOPTED BY LOCAL LAW OR RESOLUTION  AND  SHALL
 ADHERE TO THE SMART GROWTH PUBLIC INFRASTRUCTURE CRITERIA AS PROVIDED IN
 SUBDIVISION TWO OF SECTION 6-0107 OF THE ENVIRONMENTAL CONSERVATION LAW.
   B.  SUCH  PLAN  MAY  INCLUDE  THE  ESTABLISHMENT OF A MAP OR MAPS THAT
 DELINEATE THE HOUSING IMPLEMENTATION  RECOMMENDATIONS  PROPOSED  BY  THE
 COUNTY.
   C. SUCH PLAN SHALL BE UPDATED AT LEAST ONCE EVERY FIVE YEARS.
   D.  THE  COUNTY HOUSING PLAN MAY BE AN ELEMENT OF THE COUNTY'S COMPRE-
 HENSIVE PLAN.
   E. SUCH PLAN SHALL ENSURE THAT ALL AFFORDABLE HOUSING, EMERGENCY HOUS-
 ING OR SUPPORTIVE HOUSING  CREATED  PURSUANT  TO  THIS  SECTION  REMAINS
 AFFORDABLE.  SUBSEQUENT PURCHASERS OF SUCH AFFORDABLE HOUSING, EMERGENCY
 HOUSING OR SUPPORTIVE HOUSING SHALL HAVE, AT THE TIME  OF  PURCHASE,  AN
 INCOME  NOT  IN  EXCESS  OF  EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF
 ULSTER COUNTY.
   F. SUCH PLAN SHALL PROVIDE FOR THE EQUITABLE DISTRIBUTION OF  AFFORDA-
 BLE HOUSING, EMERGENCY HOUSING OR SUPPORTIVE HOUSING OPPORTUNITIES AMONG
 ALL  THE COMMUNITIES OF THE COUNTY. THE PLAN SHALL ENSURE THAT NO COMMU-
 NITY HAS AN UNDUE CONCENTRATION OF AFFORDABLE HOUSING, EMERGENCY HOUSING
 OR SUPPORTIVE HOUSING OPPORTUNITIES THAT WOULD SUBSTANTIALLY  ALTER  THE
 S. 7995                             4

 CHARACTER  OF  THE  COMMUNITY.  IN DETERMINING EQUITABLE DISTRIBUTION OF
 AFFORDABLE HOUSING, EMERGENCY HOUSING  OR  SUPPORTIVE  HOUSING  OPPORTU-
 NITIES,  EXISTING  AFFORDABLE  HOUSING,  EMERGENCY HOUSING OR SUPPORTIVE
 HOUSING OPPORTUNITIES IN A COMMUNITY SHALL BE CONSIDERED.
   8.  CERTIFICATION  OF DEPOSITS.  ON OR BEFORE THE FIRST DAY OF JANUARY
 EACH YEAR, THE COMMISSIONER OF FINANCE OF ULSTER COUNTY SHALL CERTIFY TO
 THE ULSTER COUNTY LEGISLATURE THE  AMOUNT  OF  MONEY  DEPOSITED  IN  THE
 AFFORDABLE HOUSING FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT
 OF  REVENUE DERIVED PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND FROM
 GRANTS, GIFTS AND BEQUESTS.
   9. EXPIRATION OF FUND.  THE FUND SHALL EXPIRE THIRTY YEARS  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  SECTION,  UNLESS  THE SPECIAL RESERVE FUND IS
 EXTENDED PURSUANT TO THE FOLLOWING PROCEDURE:
   A. THE COUNTY LEGISLATURE BOARD SHALL ADOPT A LOCAL LAW,  NOT  EARLIER
 THAN  TWO  YEARS  PRIOR  TO  THE EXPIRATION OF THE SPECIAL RESERVE FUND,
 WHICH EXTENDS THE SPECIAL RESERVE FUND FOR NOT LESS THAN FIVE YEARS  NOR
 MORE THAN TWENTY YEARS; AND
   B. SUCH LOCAL LAW SHALL NOT GO INTO EFFECT UNLESS APPROVED AT A MANDA-
 TORY  REFERENDUM  HELD PURSUANT TO SECTION TWENTY-THREE OF THE MUNICIPAL
 HOME RULE LAW.
   10. TRANSFER OF FUNDS.   UPON THE EXPIRATION OF THE  FUND,  OR  IF  NO
 ADDITIONAL  FUNDS  ARE REQUIRED TO COMPLETE THE HOUSING ACTION PLAN, ALL
 FUNDS SHALL BE TRANSFERRED TO THE COUNTY STABILIZATION FUND  OR  RETIRE-
 MENT RESERVES FUND BY THE COMMISSIONER OF FINANCE OF ULSTER COUNTY.
   § 2. This act shall take effect immediately.