Housing Committee

Substantive Areas

Private Housing Finance Law

Limited Profit Housing Companies ("Mitchell-Lama")

Definitions

"Rent-Stabilization"

"Unique and peculiar clause"

New York City Administrative Code (section26-513 (a)

a

"Limited-profit housing companies"

r

A limited-profit housing company duly incorporated pursuant to the provisions of this article, or a company incorporated pursuant to the not-for-profit corporation law and this article for the purpose of providing housing and auxiliary facilities for staff members, employees or students of a college, university, hospital or child care institution and their immediate families or for aged or handicapped persons of low income, pursuant to this article, or a municipally-aided non-profit company as hereinafter defined, or a low income non-profit housing company as hereinafter defined.

Defn: LPHC

Source

S. 12(2) of the Private Housing Finance Law

Elements

Duly incorporated under Art. 2 OR pursuant to [Article 2 AND the not-for-profit corporation law]

Incorporated for the purpose of providing housing to

universities

Staff members

immediate family

hospital or child care institution

Staff members

immediate family

Aged/handicapped persons of low income

"Municipally aided N-P Co."

"Low income N-P Co."

Miscellaneous Rules

LPHC may not voluntarily dissolve without conent (from who?)

Payment of dividends or interest is regulated

"Municipally aided nonprofit company"

r

A non-profit housing company duly incorporated pursuant to the not-for-profit corporation law and this article, which is aided by a municipal mortgage loan, a loan by the New York city housing development corporation or tax exemption or both and is not aided by any state mortgage loan or any mortgage loan by the New York state housing finance agency or a mortgage loan insured by the federal government made for the purpose of refinancing a mortgage loan other than a municipal mortgage loan or a mortgage loan made by the New York city housing development corporation.

Source

S. 12(12) of the PHFL

"Low income nonprofit company"

r

A non-profit housing company duly incorporated pursuant to the not-for-profit corporation law and this article, whose principal purpose is to provide housing for persons of low income and families of low income and which is aided by a state mortgage loan or mortgage loan by the New York state housing finance agency or a municipal mortgage loan or municipal tax exemption, or both, or a mortgage loan insured by the federal government.

Source

Section 12(14) of the PFHL

"Mutual Company"

r

"A company whose dwelling facilities, to the extent of at least eighty per centum, are occupied by persons or families who are entitled to such occupancy by reason of ownershipof shares in such company."

S. 12(2-b) of the PHFL

Subtopic

Source

Primary Law

r

Articles II and IV of the PHFL

PHFL Article 2

r

Limited Income Housing Companies

PHFL Article 4

r

Limited Dividend Housing Companies

Regulations

State Regs.

r

Regulations governing state-supervised M-L housing are found at 9 NYCRR part 1700 et seq.

City Regs

r

Regulations governing city-supervised M-L housing are found at Rules of the City of New York ("RCNY"), vol 10, title 28, chapter 3.

Substantive Provisions

Tenant Selection

Rents

Termination of Tenancy

Grounds for Eviction

Eviction Procedures

State

City

Adminstrative Termination

Dissolution of Nonprofit cos. for M-L Projects

Succession Rights of Remaining Household Members

New York State Housing Finance Agency

a

Subsidiaries

S. 45(b) "Affordable Housing Corporation"

r

§ 45-b. Affordable housing corporation. 1. There is hereby established a public benefit corporation known as the “affordable housing corporation” as a subsidiary corporation of the agency.2. The agency may transfer to such subsidiary corporation any real, personal or mixed property in order to carry out the purposes of article nineteen of this chapter. Such subsidiary corporation shall have all the privileges, immunities, tax exemption and other exemptions of the agency to the extent the same are not inconsistent with this section.3. The membership of such subsidiary corporation shall consist of the members of the agency, as may be constituted from time to time. The chairperson of the agency shall serve as chairperson of the corporation. The powers of the corporation shall be vested in and excercised by no less than four of the members thereof then in office. The corporation may delegate to one or more of its members, or its officers, agents and employees, such duties and powers as it may deem proper.3-a. The commissioner of housing and community renewal, the director of the budget and the commissioner of taxation and finance each may appoint a person from their respective division or department to represent such member, respectively, at all meetings of the corporation from which such member may be absent. Any such representative so designated shall have the power to attend and to vote at any meeting of the corporation from which the member so designating him as a representative is absent with the same force and effect as if the member designating him were present and voting. Such designation shall be by written notice filed with the chairman of the corporation by each of the said members. The designation of such persons shall continue until revoked at any time by written notice to the chairman by the respective member making the designation. Such designation shall not be deemed to limit the power of the appointing member to attend and vote at any meeting of the corporation.4. No officer or member of the corporation shall receive any additional compensation, either direct or indirect, other than reimbursement for actual and necessary expenses incurred in theperformance of his duties, by reason of his serving as a member, director, or trustee of such subsidiary corporation.5. Notwithstanding any inconsistent provisions of law, general, special or local, no officer or employee of the state, or of any civil division thereof, or any public benefit corporation, shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the corporation created by this section.6. The fiscal year of such subsidiary corporation shall begin with the first day of April of each year and end with the next following thirty-first day of March.7. The corporation shall have the power to:(a) Sue and be sued;(b) Have a seal and alter the same at pleasure;(c) Make and alter by-laws for its organization and internal management and make rules and regulations governing the use of its property and facilities;(d) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;(e) Acquire, hold and dispose of real or personal property for its corporate purposes;(f) Engage the services of private consultants on a contract basis for rendering professional and technical assistance advice;(g) Procure insurance against any loss in connection with its activities, properties and other assets, in such amount and from such insurers as it deems desirable; and(h) Invest any funds of the corporation, or any other monies under its custody and control not required for immediate use or disbursement, at the discretion of the corporation, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, or in any other obligations in which the comptroller of the state is authorized to invest pursuant to section ninety-eight of the state finance law.8. The corporation may do any and all things necessary or convenient to carry out and exercise the powers given and granted by this section and article nineteen of this chapter including, but not limited to contracting with the commissioner of the division of housing and community renewal to administer any of the provisions of article nineteen of this chapter.9. The agency and all other state officers, departments, boards, divisions, commissions, public authorities and public benefit corporations may render such services to the corporation within their respective functions as may be requested by the corporation.10. Notwithstanding the provisions of article one-A of the public authorities law, contracts entered into by the corporation pursuant to article nineteen of this chapter shall not be subject to the provisions of article one-A of the public authorities law.

Statutory Creation

Source

r

S. 45(b) PHFL

Added

L.1985, c. 67, s. 2

Programs

Affordable Home Ownership Development Program

Source

r

Article 19 of the PHFL

In a Nutshell

Goals

r

The Program has two primary goals:# To promote home ownership among families of low and moderate income for whom there are few affordable home ownership alternatives in the private marketTo stimulate the development, stabilization and preservation of New York communities.

Eligible Applicants

r

Grants are not made directly to individual homebuyers or homeowners, but to government and non-government sponsors (Grantees) that develop affordable housing or assist homeowners in funding necessary repairs. These Grantees are responsible, in turn, for ensuring that the homebuyers or homeowners are income qualified and otherwise eligible recipients of funds under the Program.Eligible applicants include the following:Municipalities, including municipal housing authorities and housing development fund companies, andNot-for-profit corporations and charitable organizations that have affordable housing or home improvement as one of their primary purposes.If you are a single-family home builder and wish to get involved with AHC projects, you may merge your efforts with an eligible applicant or current Grantee.

List of Current Grantees

a

Maximum Grant Amount

r

Grants are available for up to $35,000 per unit or $40,000 per unit in designated high cost areas or projects receiving United States Department of Agriculture Rural Development Service loans. To determine whether or not a county has been designated as a “high cost area”, please see the High Cost Area Table, at

High Cost Area Table

a

Income Limits

r

Grants are given to projects servicing individuals or families who generally earn between 100% and 166% of the HUD Low Income Limits. To see the applicable HUD Low Income Limits at 100%, 112%, 137%, and 166% please click here. For full details on grant amounts and tiered income limits, look at AHC’s Requests for Proposals.

HUD Low Income Limits

a

Income Limits Specified in Requests for Proposals (RFPs)

a

AHOD Program Briefing Sheet

a

In Detail

Article 19 of the Private Housing Finance Law

Statement of Legislative Findings and Purpose

Added L. 1985 C. 67

Definitions

"Home"

"Eligible applicant"

"Grantee"

"Owner"

"Home buyers"

"Rehabilitation"

"Corporation"

Corporation shall mean the affordable housing corporation created by S. 45(b) of the PFHL.

"Affordable home ownership program"

Source

Article III, S. 45(b) of the PHFL

Subtopic

"Lending institutions"

Source

S. 42 PHFL

Substantive Provisions

General and Administrative Provisions

Affordable home ownership development contracts

Process

A program is established.

The Aff. Housing Corp. is authorized to implement it.

To enter contracts

Amount per dwelling

The lesser of

60% of the project cost OR

Fixed amount

High Income

$40,000

Subtopic

Factors in "High Income"

Average cost of construction in the area

location of the project

impact of the additional funding on the affordability of the progect for the occupants of such project

Not high income

$35,000

Must

Promulgate rules & regulations

Eligibility of grantees for state financial assisstance

funding criteria and the funding determination process

supervision and evaluation of the contracting grantees

reporting, budgeting and recordkeeping requirements

provisions for modification, termination, extension and renewal of contracts

and such other matters not inconsistent...

Provide Comm'r of Housing with data and information

Info and data necessary to compile the report or reports required pursuant to s. 20 of the Public Housing Law

Submit a proposed budget for op. of the Corp.

May

May provide technical services / assistance to grantees

In Brief

r

The AHC is a subsidiary of the State Housing Finance Agency formed to implement the Affordable Home Program of PHFL Article 19. PHFL Article 18 also gives the AHCorp. purview over the Low Income Housing Trust Fund. From NYHomes.org: "AHC creates homeownership opportunities for low- and moderate-income families by providing grants to governmental, not-for-profit and charitable organizations to help subsidize the cost of newly constructed houses and the renovation of existing housing."

"Homeless Housing and Assistance Corporation"

Source

r

PHFL Section 45-b

Membership

Commissioner of Social Services (Chairperson)

Chairperson of HHA

One add'l person appointed by HHA

Powers

r

The corporation may do any and all things necessary or convenient to carry out and exercise the powers given and granted by this section and title one of article two-A of the social services law including, but not limited to contracting with the commissioner of social services to administer any of the provisions of title one of article two-A of the social services law.

"Housing Trust Fund Corporation"

Sources of Law

Creation of Corporation

r

PHFL Section 45-a

Programs

Low Income Housing Trust Fund Program

r

PHFL Article 18

Low Income Turnkey/Enhanced Housing Trust Fund Program

r

PHFL Article 18-A

Membership

Comm'r of DHCR (Chairperson)

Chairpersion of HTFC

One add'l person appt'd by Chairperson of HTFC

Powers

r

The corporation may do any and all things necessary or convenient to carry out and exercise the powers given and granted by this sectionand article eighteen of this chapter including, but not limited to contracting with the commissioner of the division of housing andcommunity renewal to administer any of the provisions of the special needs housing act of 1988 and articles eighteen and eighteen-A of this chapter.

Source

Article III of the Private Housing Finance Law

Added L.1961, c. 803

Powers of the Agency

Neighborhood Preservation Companies

Source

Article 16 of the PHFL

"Neighborhood preservation companies"

r

§ 902(4). "Neighborhood preservation company" shall mean a corporation organized under the provisions of the not-for-profit corporation law which has been engaged primarily in one or more of the neighborhoodpreservation activities specified in subdivision five of this section.

Definitions

"Neighborhood preservation activities"

r

“Neighborhood preservation activities” shall mean activities engaged in by a neighborhood preservation company within a geographically defined neighborhood of a municipality designed (a) to construct, maintain, preserve, repair, renovate, upgrade, improve, modernize, rehabilitate or otherwise prolong the useful life and to manage and coordinate the rehabilitation of residential dwellingaccommodations within such neighborhood, to restore abandoned and vacant as well as occupied housing accommodations to habitable condition; to demolish structurally unsound or unsafe or otherwise unsightly or unhealthy structures which no longer serve or can economically be made to serve a useful purpose consistent with stabilizing or improving a neighborhood; to seal and maintain vacant but structurally soundstructures which are capable of being rehabilitated at a future time and used for housing purposes; to acquire, where appropriate, buildings which contain housing accommodations; to facilitate the disposition of buildings containing housing accommodations to individual occupantsthereof or to cooperative groups whose members shall be occupants thereof; to assist owners, occupants and tenants of housing accommodations to obtain improvements in the physical conditions thereof and in the maintenance and management thereof; and to manage housing accommodations as agents for the owners thereof or administrators orreceivers appointed or designated pursuant to any law of the state; and(b) to accomplish similar purposes and meet similar needs with respect to retail and service establishments within such neighborhoods when carried out in connection with and incidental to a program of housingrelated activities.

"Persons of Low Income"

r

§ 902(6). "Persons of low income" shall mean individuals and families whose annual incomes do not exceed ninety per cent of the median annual income for all residents of the municipality within which they reside.

Substantive Provisions

In General

r

§ 903. Contracts with neighborhood preservation companies. 1. The commissioner may enter into contracts with neighborhood preservation companies for the performance of neighborhood preservation activities. Such contracts shall be entered into, however, only after appropriate findings by the commissioner and shall be subject to the limitations hereinafter set forth.

Housing and Community Preservation in Urban Areas

Source

Article 17 of the PHFL

Vito's Face

Vito's Face

Public Housing Law

Division of Housing and Community Renewal (DHCR)

r

Public Housing Law Section 10

Commissioner of DHCR

r

PHL Section 11

Powers and Duties of the Commissioner

a

Programs

Miscellaneous

r

Public Housing Law Article 11

Construction

Separability clause

Application of other Laws

Prohibition against discrimination

Discrimination against persons who have certain household pets

r

Severlely phsically handicapped, legally blind, or mute can have pet.

Pending actions or proceedings

Savings clause

Transfer of records

Laws repealed

When to take effect

Public Authorities Law

a

"State of New York Mortgage Agency"

a

Members

Superintendent of Banks

Comptroller

Director of the Budget of NY

Appointee of Senate President pro tem

Appointee of Speaker of Assembly

3 Appointees of the governor with advice/consent of the senate

Multiple Dwelling Law

a

"The Loft Law"

r

Article 7-C of the MDL, "Legalization of Interim Multiple Dwellings".

a

Source

r

Article 7-C of the MDL, "Legalization of Interim Multiple Dwellings".

a

Substantive Provisions

Legislative Findings

Definition of "Interim Multpile Dwelling"

Establishmento f special loft unit.

Occupancy permitted

Owner Obligations

Owner protection

Tenant Protection

Alternative Compliance

Rent Regulation

4 Rent Reg'n Systems

Law

Municipal Laws

State Laws

Statutes

Emergency Tenant Protection Act of 1974

Geographic Areas Covered

r

New York City & "Certain Other Municipalities"

Applies to...

r

Apartments completed before January 1, 1974.

Emergency Housing Rent Control Law of 1946

Local Emergency Housing Rent Control Act of 1962

Omnibus Housing Act of 1983

Rent Regulation Reform Act of 1997

The Rent Law of 2003

Subtopic

Regulations

Topics

Outside NYC

Rent Control

Rent Stabilization

In NYC

Rent Control

Rent Stabilization

Members

New York City

Jonathan L. Bing

Brian P. Kavanagh

Adam Clayton Powell

Linda B. Rosenthal

Keith L.T. Wright

Brooklyn

William F. Boyland, Jr.

Alec Brook-Krasny

Karim Camara

Steven Cymbrowitz

Hakeem Jeffries

Annette Robinson

Bronx

Michael A. Benjamin

Luis M. Diaz

Carl Heastie

Other Districts

Carmel

Gregory R. Ball

Syracuse

Joan Christensen

Jamaica

Vivian E. Cook

Smithtown

Michael Fitzpatrick

Fresh Meadows

Rory I. Lancman

Lyons

Robert Oaks

Blasdell

Jack Quinn

Goshen

Ann G. Rabbitt

Northport

Andrew P. Raia

Brentwood

Philip R. Ramos

Westmoreland

David Townsend

Flushing

Ellen Young

Jurisdiction

Consolidated Laws

Rent Regulation

Multiple Dwelling Law

Multiple Residence Law

Private Housing Finance Law

Unconsolidated Laws

Process

Bill Reported Favorably By Committe

Process the bill specially for Ways and Means a Committee