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This entry was published on 2022-08-19
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SECTION 630
Transfer of property
Public Housing (PBG) CHAPTER 44-A, ARTICLE 15
§ 630. Transfer of property. 1. NYCHA, acting by NYCHA board
resolution and in accordance with a disposition or similar plan approved
by the United States department of housing and urban development in
accordance with applicable federal law, which shall include a letter of
approval from the mayor or a designee of the mayor, may transfer to the
trust, with or without consideration and without any further
authorization, a leasehold interest in its housing facilities and any
ancillary personal property of such facilities. The aggregate number of
residential units transferred to the trust pursuant to this section
shall not exceed twenty-five thousand. On an annual basis, NYCHA and the
trust shall review such limit and, if they determine that such limit
should be increased, NYCHA and the trust shall make recommendations to
the legislature regarding any such increase.

2. Within sixty days of the effective date of this article, NYCHA
shall issue a set of proposed requirements related to the voting
process. There shall be a comment period for the voting process, and
the comment period shall include at least one meeting open to the
public. NYCHA shall consider the comments before issuance of the final
requirements for the voting process. The comments, and the responses to
such comments, shall be published publicly, including, but not limited
to, on NYCHA's website. Within one hundred twenty days of the effective
date of this article, the final requirements for the voting process,
which may be amended as needed pursuant to the process described in this
section, shall be posted. Such voting process requirements shall
include: the minimum requirements for voter outreach that shall occur
prior to any vote, which shall, at a minimum, conform to the
requirements set forth in subdivision five of this section, voting
eligibility, the form, substance, and timing of the voting process, the
voting requirements regarding the selection of any other proposed
modernization strategy at a housing facility in connection with the
voting process, and the criteria by which an option shall be deemed to
be accepted or rejected by residents of a particular housing facility
for a modernization strategy that addresses the capital needs of such
housing facility. The voting process shall ensure that all tenants of
record above the age of eighteen are eligible to vote. The voting
process shall include options to vote in person, by mail, and online.
The voting process shall also require a minimum percentage of tenants of
record at such housing facility to participate in the voting process for
such voting process to be valid. The voting process shall also include,
but shall not be limited to, the ability of residents at a particular
housing facility to reject the options proposed for such housing
facility submitted as part of the voting process. If all options are
rejected at a particular housing facility, none of the proposed options
shall be implemented at such housing facility until another vote is
undertaken at such housing facility. NYCHA shall comply with a vote to
accept or reject any such options. The trust shall not transfer, convey,
assign, mortgage, pledge or otherwise encumber any interest in, or
permit or suffer any transfer, conveyance, assignment, mortgage, pledge
or other encumbrance of any interest in such housing facility, or any
part thereof, prior to the posting of the final requirements for the
voting process, prior to the completed vote at such housing facility
approving such option, and prior to the satisfaction of applicable
federal law and regulations. NYCHA shall not transfer, convey, assign,
mortgage, or pledge to the trust, or permit or suffer any transfer,
conveyance, assignment, mortgage, or pledge to the trust any interest in
such housing facility, or any part thereof, prior to the posting of the
final requirements for the voting process, prior to the completed vote
at such housing facility approving such option, and prior to the
satisfaction of applicable federal law and regulations.

3. In addition to the requirements set forth in subdivision two of
this section, the trust shall not transfer, convey, assign, mortgage,
pledge or otherwise encumber any interest in, or permit or suffer any
transfer, conveyance, assignment, mortgage, pledge or other encumbrance
of any interest in any housing facilities, or any part thereof without
prior written consent of NYCHA. Such written consent shall include, but
not be limited to, all protections described in section six hundred
thirty-one of this article and in subdivision fourteen of section six
hundred thirty-seven of this article and shall include reference to
section six hundred thirty-three of this article.

4. The trust shall ensure that any housing facilities transferred to
the trust pursuant to this section and any portions thereof are leased
in accordance with United States department of housing and urban
development eligibility and income-targeting requirements, to the extent
applicable to the units therein. Rents for such units shall not exceed
applicable program requirements for the provision of housing for
low-income families as established pursuant to federal law and
regulations. Where NYCHA rules, regulations or agreements exceed the
resident protection standards set forth in state or federal law or
regulations, any housing facilities transferred to the trust pursuant to
this section and any portions thereof shall be leased in accordance with
the requirements set forth in the NYCHA rules, regulations, or
agreements, as applicable. To the extent consistent with federal law and
regulations, any transfer of a housing facility to the trust pursuant to
this article shall ensure the maintenance of all rights conferred on a
resident at the time of such transfer.

5. As part of the voting process and prior to the transfer of any
housing facility, or any part thereof, to the trust, NYCHA shall engage
in a course of resident engagement. Such resident engagement shall
include: (a) Notice of proposed options on the website of NYCHA and in a
prominent location of the affected housing facility in compliance with
language access requirements in federal and state law, as applicable;

(b) a summary description of the proposed options;

(c) the time and place of at least one public meeting held in
accordance with applicable accessibility requirements at which NYCHA
shall provide residents of such facility information about the proposed
options and an opportunity to provide oral comment on the proposed
transfer;

(d) notification by mail, phone, and email, where such contact
information is available, at least thirty days prior to a vote, to all
residents of such housing facility, which shall include information
detailing the proposed options; and

(e) an opportunity for residents to submit written comments and the
final date for submission of such comments. NYCHA shall consider and
respond to all comments received in such period prior to completing a
transfer pursuant to this subdivision.