Bill Text: NY A02208 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to conversions of real property in public housing developments in relation to the RAD program; sets notice requirements for public housing authorities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-15 - referred to housing [A02208 Detail]
Download: New_York-2025-A02208-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2208 2025-2026 Regular Sessions IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Housing AN ACT to amend the public housing law, in relation to the conversion and transfer of real property in public housing developments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative Findings. The legislature finds and declares 2 that supplemental protections, enhanced resident engagement, and trans- 3 parency in reporting are crucial for the stability and welfare of public 4 housing residents during conversions of public housing projects, as 5 authorities seek to use private public partnerships to renovate, reha- 6 bilitate, rebuild, and take measures to preserve public housing develop- 7 ments. 8 § 2. The public housing law is amended by adding a new section 62 to 9 read as follows: 10 § 62. Supplemental tenant rights and protections. 1. For the purposes 11 of this section, the following terms shall have the following meanings: 12 (a) "Conversion" shall include acts by an authority to dispose, trans- 13 fer, convey, sublease, lease, or mortgage real property, or a leasehold 14 interest in real property, in a public housing development or ancillary 15 property owned by such public housing agency, in accordance with the RAD 16 program, section eighteen of the federal housing act of 1937 (42 U.S.C. 17 § 1427p), or similar plan approved by the federal department of housing 18 and urban development. 19 (b) "Management agent" shall mean the entity being contracted with 20 through a management agreement or similar contract for the maintenance 21 of a property following a conversion; 22 (c) "RAD program" shall mean the rental assistance demonstration 23 program pursuant to 42 U.S.C. § 1437f. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05754-01-5A. 2208 2 1 2. Upon the provision to tenants of notice that a public housing 2 development is under consideration for the RAD program, as required 3 pursuant to such program, an authority shall: 4 (a) provide notice to tenants, tenant associations, as described by 5 part nine hundred sixty-four of title twenty-four of the code of federal 6 regulations, and any group, committee, and any other organization 7 comprised of tenants that conducts meetings authorized pursuant to 8 section two hundred thirty of the real property law that the development 9 is under consideration for a conversion; 10 (b) distribute RAD handbooks, as described by subdivision five of this 11 section, to residents between the time the authority gives notice that 12 the development is under consideration for a conversion pursuant to 13 paragraph (a) of this subdivision and the first meeting conducted pursu- 14 ant to RAD program notice requirements; and 15 (c) with the consultation of the tenant association at the development 16 where the conversion is being considered, or, where there is no such 17 existing organization, with the approval of the commissioner, create and 18 implement an engagement plan that lasts no less than a period of one 19 hundred days to provide tenants with information relating to the 20 proposed conversion, including but not limited to the difference between 21 section nine and section eight housing, the tenant rights and 22 protections, the process which precedes the conversion, and the voting 23 process for such conversion. 24 3. (a) No development may be converted unless: 25 (i) a voting process is carried out in compliance with subdivision 26 four of this section and more voters vote in favor of the proposed 27 conversion than against such conversion; and 28 (ii) at least twenty-five percent of eligible voters vote in favor of 29 the conversion. 30 (b) An authority shall contract with a company, local or state govern- 31 ment representative or agency, or entity or person selected by or 32 contracted with the commissioner to carry out the counting of ballots, 33 certification of the vote, and audit of the process, which shall provide 34 a process for tenants, tenant associations, and the public to register 35 complaints about the process and allegations of impropriety or vote 36 inaccuracies. Such complaints shall be considered and responded to with- 37 in seventy-two hours of the end of the voting period. 38 4. (a) In no less than thirty days prior to providing to residents the 39 notice required pursuant to paragraph (a) of subdivision two of this 40 section that a public housing development is under consideration for a 41 conversion, an authority shall publish voting rules and the process by 42 which tenants can vote regarding the proposed conversion. Such informa- 43 tion shall include but not be limited to: 44 (i) eligibility to vote, including a right to vote for all tenants 45 aged eighteen and over; 46 (ii) the date and time of the beginning and end of the voting period, 47 which shall be no less than thirty days in length, and instructions for 48 casting of a ballot during such voting period via an in-person ballot 49 box, a by-mail option with how to access a mailable ballot and pre-ad- 50 dressed envelope, and an online option; and 51 (iii) available materials and sources to learn about conversion 52 programs and how to vote, where those materials and sources can be 53 accessed, and how to access language translation and accessibility 54 services, which shall include written translation for materials, docu- 55 ments, the ballot and webpages and oral translation in all languagesA. 2208 3 1 that a significant portion of residents of the development under consid- 2 eration for conversion speak and sign language interpretation. 3 (b) An authority shall conduct no less than six meetings, at least two 4 of which shall be held virtually and at least two of which shall be held 5 in person at an accessible location for tenants, at which the informa- 6 tion required pursuant to paragraph (a) of this subdivision shall be 7 provided to tenants. 8 5. The commissioner shall create, contract for the creation of, or 9 select an existing document to serve as a RAD handbook. Such handbook 10 shall include but not be limited to a brief description of the differ- 11 ence between section nine and section eight housing, as they relate to a 12 proposed conversion, the rights and protections afforded tenants in 13 converted properties, including the supplemental protections provided by 14 this section, a fair and objective review of risks involved in remaining 15 in section nine housing and converting to section eight housing, dispo- 16 sitions and demolitions under section eighteen of the federal housing 17 act of 1937 (42 U.S.C. § 1427p) and the RAD program, and other relevant 18 facts and information, as determined by the commissioner. The RAD hand- 19 book should be updated upon the occurrence of relevant changes to feder- 20 al regulation, code, state law, and/or administrative and industry prac- 21 tice. 22 6. An authority shall include in any contract or agreement with a 23 managing agent that such managing agent shall, for the duration of the 24 agreement and any subsequent agreement as managing agent: 25 (a) invite tenant associations, as described by part nine hundred 26 sixty-four of title twenty-four of the code of federal regulations, and 27 any group, committee, and any other organization comprised of tenants 28 that conducts meetings authorized pursuant to section two hundred thirty 29 of the real property law to all meetings held by such managing agents 30 relating to tenants; 31 (b) meet regularly with tenant associations to discuss emerging 32 property-wide issues, particularly during the construction and rehabili- 33 tation process. Managing agents should consult the tenant associations 34 in scheduling such meetings and the frequency of such meetings. If there 35 is no tenant association at a development, the managing agent shall meet 36 with tenants and inform them of the right to form a tenant association, 37 the federal requirements for managing agents to provide no less than 38 twenty-five dollars per unit per year for tenant participation activ- 39 ities, which may include education, organizing around resident issues, 40 and trainings, and no less than fifteen dollars per unit per year for 41 tenant organization-eligible activities, and other relevant information; 42 (c) adhere to a set of procedures for tenant grievances and lease 43 termination proceedings that will take effect upon conversion. Such 44 procedures shall be uniform for each converted development and shall be 45 implemented by each managing agent. Every managing agent shall provide 46 ongoing orientations regarding the details and procedures for tenants to 47 sign new leases; 48 (d) explicitly notify residents of their rights to eligibility deter- 49 mination and succession and how these differ from typical section eight 50 eligibility and succession rights, including rights resulting from the 51 definition of family pursuant to subdivision seven of this section; and 52 (e) notwithstanding any provisions of law to the contrary, allow 53 tenants of converted developments to engage in profit-making businesses 54 within their units.A. 2208 4 1 7. (a) For the purposes of determining eligibility and household 2 composition for public housing occupancy and continued occupancy, 3 authorities shall define a "family" as: 4 (i) a single person, who may be an elderly, displaced, or near-elderly 5 person, or any other single person; 6 (ii) an otherwise eligible youth who is at least eighteen years of age 7 but not more than twenty-four years of age and who has left foster care, 8 or will leave foster care within ninety days, in accordance with a tran- 9 sition plan described in section 475(5)(H) of the federal social securi- 10 ty Act (42 U.S.C. § 675(5)(H)), or who is at least sixteen years of age 11 and is homeless or at risk of becoming homeless; or 12 (iii) a group of persons residing together that includes, but is not 13 limited to, a family with or without children, including children who 14 are temporarily away from the home because of placement in foster care, 15 an elderly family, a near-elderly family, a family with one or more 16 persons with disabilities, a displaced family, the remaining member of a 17 tenant family, or a group of individuals who would otherwise be eligible 18 to reside in public housing who reside together. 19 (b) The definition of family pursuant to paragraph (a) of this subdi- 20 vision may not be restricted to kin, descendants, marital relations, or 21 relatives. 22 § 3. Section 38 of the public housing law, as amended by chapter 260 23 of the laws of 1945, is amended to read as follows: 24 § 38. Proposed projects. 1. For the purposes of this section, the 25 following terms shall have the following meanings: 26 (a) "Conversion" shall include acts by an authority to dispose, trans- 27 fer, convey, sublease, lease, or mortgage real property, or a leasehold 28 interest in real property, in a public housing development or ancillary 29 property owned by such public housing agency, in accordance with the RAD 30 program, section eighteen of the federal housing act of 1937 (42 U.S.C. 31 § 1427p), or similar plan approved by the federal department of housing 32 and urban development. 33 (b) "Management agent" shall mean the entity being contracted with 34 through a management agreement or similar contract for the maintenance 35 of a property following a conversion. 36 (c) "RAD program" shall mean the rental assistance demonstration 37 program pursuant to 42 U.S.C. § 1437f. 38 2. (a) An authority shall file with the commissioner a copy of each 39 proposed project embodying the plans, layout, estimated costs and 40 proposed method of financing. Any change made in the project shall be 41 filed with the commissioner by the authority. With reasonable promptness 42 after each project shall have been completed, and from time to time 43 prior to completion upon request of the commissioner, an authority shall 44 file with the commissioner a detailed statement of the cost thereof. 45 (b) Upon receipt of a copy of a proposed state project, or of any 46 proposed change therein, the commissioner may transmit [his] their crit- 47 icisms and suggestions with reasonable promptness to the authority or 48 the municipality. No change in a state project may be made by an author- 49 ity or a municipality without the approval of the commissioner. 50 3. (a) Within thirty days of being requested by the commissioner, an 51 authority shall provide the commissioner with the following information: 52 (i) the name of such authority; 53 (ii) the name of the public housing development; 54 (iii) the total number of units in such development; 55 (iv) the distribution of units by bedroom count, race, income, elderly 56 status, and disability status;A. 2208 5 1 (v) the status of a development's subsidy, broken down by units, 2 detailing the number of units counted as section nine housing on an 3 annual contributions contract with the federal department of housing and 4 urban development, a project-based voucher or project-based rental 5 assistance via conversions or other conditions such as vacancy, both 6 funded and unfunded, and/or under other federal department of housing 7 and urban development programs outside of those that result from RAD 8 program conversions; 9 (vi) the application date of any proposed conversion, disposition, or 10 demolition to the federal department of housing and urban development; 11 (vii) the approval date of any proposed conversion, disposition, or 12 demolition by the federal department of housing and urban development, 13 and date of approval of such project by the commissioner; 14 (viii) a summary of the criteria used to justify any section eight or 15 RAD program demolition application to the federal department of housing 16 and urban development; 17 (ix) information on the relocation of affected residents and the 18 amount of persons displaced by a project, conversion, or demolition 19 approved by the federal department of housing and urban development; and 20 (x) details regarding the cost test conducted, if applicable, as 21 required by the federal department of housing and urban development. 22 (b) By December thirtieth of each year, the commissioner shall post on 23 a public webpage the information required pursuant to paragraph (a) of 24 this subdivision and other relevant information regarding projects and 25 conversion and any section eighteen dispositions or demolitions approved 26 by the federal department of housing and urban development, as deter- 27 mined by the commissioner. 28 (c) The commissioner shall maintain a centralized online database 29 where the information required pursuant to this subdivision can be 30 accessed. Such information shall be listed on such database based on 31 the year of their publication. 32 § 4. This act shall take effect immediately.
