Senate Bill S9214A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9214--A
 
                             I N  S E N A T E
 
                             February 17, 2026
                                ___________
 
 Introduced  by Sens. CLEARE, JACKSON, KAVANAGH -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development -- reported favorably from said
   committee and committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to amend the private housing finance law, in relation to estab-
   lishing an affordable independent senior housing assistance program
 
   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
 article 29-A to read as follows:
                              ARTICLE XXIX-A
         AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
 SECTION 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM.
   § 1265. AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE  PROGRAM.  1.
 ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
 HEALTH,  SHALL  DEVELOP AN AFFORDABLE INDEPENDENT SENIOR HOUSING ASSIST-
 ANCE PROGRAM, WHICH SHALL PROVIDE GRANTS WITHIN AMOUNTS APPROPRIATED  OR
 OTHERWISE  AVAILABLE  THEREFOR  TO AFFORDABLE INDEPENDENT SENIOR HOUSING
 PROPERTIES TO ESTABLISH AND OPERATE RESIDENT  ASSISTANCE  PROGRAMS.  THE
 AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM SHALL BE ADMIN-
 ISTERED BY THE DIVISION.
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS: (A)  "AFFORDABLE  INDEPENDENT  SENIOR
 HOUSING  PROPERTY"  SHALL  MEAN  ANY  RESIDENTIAL PROJECT WHICH CONTAINS
 DWELLING UNITS THAT ARE AFFORDABLE TO RESIDENTS  AT  A  SPECIFIC  INCOME
 LEVEL  PURSUANT  TO  A  STATUTE, REGULATION, RESTRICTIVE DECLARATION, OR
 REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL  GOVERNMENT  ENTITY
 THAT  IS OCCUPIED BY INDIVIDUALS OVER SIXTY YEARS OF AGE, WHO LIVE INDE-
 PENDENTLY AND AT LEAST EIGHTY PERCENT OF WHOM  HAVE  A  TOTAL  HOUSEHOLD
 INCOME THAT DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN INCOME;
   (B)  "RESIDENT  ASSISTANCE"  SHALL MEAN SERVICES OR SUPPORT OFFERED TO
 RESIDENTS OF AFFORDABLE INDEPENDENT SENIOR HOUSING  PROPERTIES  TO  HELP
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02348-03-6
 S. 9214--A                          2
 
 PROMOTE  HEALTHY  LIVING BY EXTENDING INDEPENDENCE AND IMPROVING QUALITY
 OF LIFE; AND
   (C) "DIVISION"  SHALL MEAN THE STATE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL.
   3.  ASSISTANCE.  ALLOWABLE  RESIDENT ASSISTANCE SHALL BE DETERMINED BY
 THE COMMISSIONER  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF  HEALTH;
 PROVIDED  HOWEVER,  THAT THE PROVISION OF SUCH RESIDENT ASSISTANCE SHALL
 NOT INCLUDE ANY SERVICES OR SUPPORT THAT REQUIRES  THE  PROPERTY  TO  BE
 LICENSED  AS  AN  ADULT  CARE  FACILITY PURSUANT TO ARTICLE SEVEN OF THE
 SOCIAL SERVICES LAW OR AN ASSISTED LIVING RESIDENCE PURSUANT TO  ARTICLE
 FORTY-SIX-B OF THE PUBLIC HEALTH LAW. PRIOR TO ISSUING ANY GRANTS PURSU-
 ANT  TO  THIS  ARTICLE,  THE DIVISION AND THE DEPARTMENT OF HEALTH SHALL
 SOLICIT INPUT FROM VARIOUS STAKEHOLDERS TO DETERMINE WHAT WOULD  CONSTI-
 TUTE  RESIDENT  ASSISTANCE TO ENSURE THAT SUCH RESIDENT ASSISTANCE WOULD
 NOT REQUIRE SUCH LICENSURE. A SUMMARY OF SUCH  INPUT  AND  THE  DETERMI-
 NATION  BY  THE  DIVISION  AS  TO WHETHER THE ASSISTANCE PROVIDED BY THE
 GRANT APPLICANT WOULD REQUIRE LICENSURE AS AN  ADULT  CARE  FACILITY  OR
 ASSISTED  LIVING RESIDENCE SHALL BE IN WRITING AND SHARED WITH THE VARI-
 OUS STAKEHOLDERS PRIOR TO THE APPROVAL OF ANY GRANTS  PURSUANT  TO  THIS
 SECTION.
   4.  ALLOCATION.  SIXTY  PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT TO
 THIS ARTICLE IN ANY FISCAL YEAR SHALL BE ALLOCATED TO  PROJECTS  LOCATED
 IN URBAN AREAS OF THE STATE, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR
 OF  SECTION  TWELVE HUNDRED THIRTY-ONE OF THIS CHAPTER. FORTY PERCENT OF
 THE TOTAL FUNDS AWARDED PURSUANT TO THIS  ARTICLE  IN  ANY  FISCAL  YEAR
 SHALL  BE  ALLOCATED TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE, AS
 SUCH TERM IS DEFINED IN SUBDIVISION  THREE  OF  SECTION  TWELVE  HUNDRED
 THIRTY-ONE  OF  THIS CHAPTER. UP TO TEN PERCENT OF ANY AMOUNTS APPROPRI-
 ATED OR OTHERWISE AVAILABLE THEREFOR MAY BE USED BY THE COMMISSIONER  TO
 ADMINISTER THE PROGRAM.
   § 2. This act shall take effect immediately.