§ 1282 — Housing our neighbors with dignity program

New York § 1282

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 31: Housing Our Neighbors With Dignity Program

Text

§ 1282. Housing our neighbors with dignity program. 1. Establishment.\nSubject to amounts available by appropriation therefor, the corporation\nshall develop a housing our neighbors with dignity program (hereinafter\nreferred to as "the program"), which shall provide a mechanism for the\nstate to finance the acquisition and/or conversion of distressed hotels\nand commercial office properties by appropriate nonprofit organizations\nfor the purpose of maintaining or increasing affordable housing. All\naffordable housing properties produced through this program shall remain\npermanently affordable, and all converted properties in a city with a\npopulation of one million or more, with the exception of small converted\nproperties and exempt supportive housing, shall be required to pay\nbuilding service employees the applicable prevailing wage pursuant to\nsubdivision one-a of this section. Permanent affordability restrictions\nshall require a regulatory agreement with the corporation or local\nhousing agency or other affordability restrictions in recorded documents\nnot specifically listed in this subdivision, provided the corporation or\nlocal housing agency determines that such restrictions are enforceable\nand likely to be enforced. Such enforcement measures shall include but\nnot be limited to the ability to cancel or transfer the regulatory\nagreement or property to another entity for violating the terms of such\nregulatory agreement, such as failure to meet the minimum obligations\nset forth in this article when such failure is not cured.\n 1-a. In a city with a population of one million or more, all building\nservice employees employed by an appropriate nonprofit organization at a\nconverted property or otherwise employed at a converted property that is\nnot a small converted property or exempt supportive housing shall\nreceive at least the applicable prevailing wage in such city for craft,\ntrade, or occupation of such building service employee. The fiscal\nofficer shall have the power to enforce such provisions in the same\nmanner as provided under subparagraph (iii) of paragraph (g) of\nsubdivision seventeen of section four hundred twenty-one-a of the real\nproperty tax law. In addition, the fiscal officer shall have the power\nto conduct an investigation and hearing and file a determination as to\nthe payment of wages owed by a lessee, owner, successor, or any employer\nof building service employees, as provided under subdivisions one, four,\nfive, six, eight and nine of section two hundred thirty-five of the\nlabor law.\n 2. Purpose. The program shall seek to:\n (a) Finance the acquisition of distressed hotels and commercial office\nproperties by appropriate nonprofit organizations for the purpose of\nstabilizing communities and the housing market;\n (b) Finance the conversion and rehabilitation of the physical\ncondition of acquired property by appropriate nonprofit organizations in\norder to improve the condition of such property for future occupants,\nsuch as habitability and environmental sustainability; and\n (c) Provide an appropriate, expedient and efficient manner for owners\nof such distressed properties to transfer ownership to an appropriate\nnonprofit organization so as to promote the state's interest in the\nconversion of such properties to new supportive and affordable permanent\nhousing units.\n 3. Powers. The state may finance the purchase, acquisition, conversion\nand/or holding by appropriate nonprofit organizations of distressed\nhotel or commercial office properties in any part of the state for the\npurpose of maintaining or increasing the stock of affordable, stable,\nquality housing; provided that in the case of a property at which any\nhotel workers are represented by a collective bargaining representative,\nprior to the proposed acquisition, the collective bargaining\nrepresentative shall be notified in writing of the proposed acquisition,\nand the property owner shall certify prior to the state initiating such\nacquisition through financing that the collective bargaining\nrepresentative has mutually agreed in a separate writing with the\nproperty owner to take the specific acquisition described in the written\nnotice.\n 4. Converted properties. All properties converted to affordable\nhousing pursuant to this section shall meet the minimum standards of\nhabitability, safety and quality of life for all established housing.\nAdditional operating expenses shall be met through any combination of\nsubsidies, vouchers, commercial rents, or other sources of income\navailable to the housing provider under the model the non-profit chooses\nto pursue. All units shall be rent stabilized as defined in this article\nin localities that have adopted or opted in to the rent stabilization\nlaw. At least fifty percent of all converted units shall be set aside\nfor individuals and families who were experiencing homelessness\nimmediately prior to entering such converted affordable housing. Each\nunit must contain, at a minimum, a living/sleeping space, private\nbathroom with bath or shower, and either a full kitchen or a kitchenette\nwith at least a 7-cubic feet capacity refrigerator, sink, cooktop,\nmicrowave oven and outlets for countertop appliances.\n 5. Restrictions. The state shall not, in any case, facilitate the sale\nor transfer of property unless the state has entered into an agreement\nwith the appropriate nonprofit organization to ensure that any actions\nnecessary to bring the property into compliance with applicable\nbuilding, safety, health and habitability codes and requirements will be\ntaken before such property is occupied.\n 6. Tenant protections. Tenants residing in properties converted to\naffordable housing pursuant to this section shall have full tenancy\nrights, including all the tenant protections pursuant to rent\nstabilization as defined in this article in localities that have adopted\nor opted in to the rent stabilization laws. Tenancy in such affordable\nhousing shall not be restricted on the basis of sexual identity or\norientation, gender identity or expression, conviction or arrest record,\ncredit history, credit score, or immigration status.\n