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This entry was published on 2021-08-20
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SECTION 1282
Housing our neighbors with dignity program
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 31
§ 1282. Housing our neighbors with dignity program. 1. Establishment.
Subject to amounts available by appropriation therefor, the corporation
shall develop a housing our neighbors with dignity program (hereinafter
referred to as "the program"), which shall provide a mechanism for the
state to finance the acquisition of distressed hotels and commercial
office properties by appropriate nonprofit organizations for the purpose
of maintaining or increasing affordable housing. All affordable housing
properties produced through this program shall remain permanently
affordable, and all converted properties in a city with a population of
one million or more, with the exception of small converted properties
and exempt supportive housing, shall be required to pay building service
employees the applicable prevailing wage pursuant to subdivision one-a
of this section. Permanent affordability restrictions shall require a
regulatory agreement with the corporation or local housing agency or
other affordability restrictions in recorded documents not specifically
listed in this subdivision, provided the corporation or local housing
agency determines that such restrictions are enforceable and likely to
be enforced. Such enforcement measures shall include but not be limited
to the ability to cancel or transfer the regulatory agreement or
property to another entity for violating the terms of such regulatory
agreement, such as failure to meet the minimum obligations set forth in
this article when such failure is not cured.

1-a. In a city with a population of one million or more, all building
service employees employed by an appropriate nonprofit organization at a
converted property or otherwise employed at a converted property that is
not a small converted property or exempt supportive housing shall
receive at least the applicable prevailing wage in such city for craft,
trade, or occupation of such building service employee. The fiscal
officer shall have the power to enforce such provisions in the same
manner as provided under subparagraph (iii) of paragraph (g) of
subdivision seventeen of section four hundred twenty-one-a of the real
property tax law. In addition, the fiscal officer shall have the power
to conduct an investigation and hearing and file a determination as to
the payment of wages owed by a lessee, owner, successor, or any employer
of building service employees, as provided under subdivisions one, four,
five, six, eight and nine of section two hundred thirty-five of the
labor law.

2. Purpose. The program shall seek to:

(a) Finance the acquisition of distressed hotels and commercial office
properties by appropriate nonprofit organizations for the purpose of
stabilizing communities and the housing market;

(b) Finance the conversion and rehabilitation of the physical
condition of acquired property by appropriate nonprofit organizations in
order to enhance the condition of such property for future occupants,
such as habitability and environmental sustainability; and

(c) Provide an appropriate, expedient and efficient manner for owners
of such distressed properties to transfer ownership to an appropriate
nonprofit organization so as to promote the state's interest in the
conversion of such properties to new supportive and affordable permanent
housing units.

3. Powers. The state may finance the purchase, acquisition and holding
by appropriate nonprofit organizations of distressed hotel or commercial
office properties in any part of the state, and may take such actions as
may be necessary to identify such distressed properties, for the purpose
of maintaining or increasing the stock of affordable, stable, quality
housing; provided that in the case of a property at which any hotel
workers are represented by a collective bargaining representative, prior
to the proposed acquisition, the collective bargaining representative
shall be notified in writing of the proposed acquisition, and the
property owner shall certify prior to the state initiating such
acquisition that the collective bargaining representative has mutually
agreed in a separate writing with the property owner to take the
specific acquisition described in the written notice.

4. Converted properties. All properties converted to affordable
housing pursuant to this section shall meet the minimum standards of
habitability, safety and quality of life for all established housing.
Additional operating expenses shall be met through any combination of
subsidies, vouchers, commercial rents, or other sources of income
available to the housing provider under the model the non-profit chooses
to pursue. All units shall be rent stabilized as defined in this article
in localities that have adopted or opted in to the rent stabilization
law. At least fifty percent of all converted properties shall be set
aside for individuals and families who were experiencing homelessness
immediately prior to entering such converted affordable housing. Each
unit must contain, at a minimum, a living/sleeping space, private
bathroom with bath or shower, and either a full kitchen or a kitchenette
with at least a 24-inch refrigerator, sink, cooktop, microwave oven and
outlets for countertop appliances.

5. Restrictions. The state shall not, in any case, facilitate the sale
or transfer of property unless the state has entered into an agreement
with the appropriate nonprofit organization to ensure that any actions
necessary to bring the property into compliance with applicable
building, safety, health and habitability codes and requirements will be
taken before such property is occupied.

6. Tenant protections. Tenants residing in properties converted to
affordable housing pursuant to this section shall have full tenancy
rights, including all the tenant protections pursuant to rent
stabilization as defined in this article in localities that have adopted
or opted in to the rent stabilization laws. Tenancy in such affordable
housing shall not be restricted on the basis of sexual identity or
orientation, gender identity or expression, conviction or arrest record,
credit history, credit score, or immigration status.