STATE OF NEW YORK ________________________________________________________________________ 10714 IN ASSEMBLY September 18, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Epstein) -- read once and referred to the Committee on Housing AN ACT to amend the private housing finance law, in relation to the payment of arrears for certain taxes and placing limitations on hous- ing development fund company regulatory agreements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 and subparagraphs 1 and 9 of 2 paragraph (b) of subdivision 2 of section 577-b of the private housing 3 finance law, paragraph (b) of subdivision 1 as amended by chapter 225 of 4 the laws of 2004 and subparagraphs 1 and 9 of paragraph (b) of subdivi- 5 sion 2 as added by chapter 315 of the laws of 2002, are amended and 6 paragraph (b) of subdivision 2 is amended by adding a new subparagraph 7 4-a to read as follows: 8 (b) [on January first, two thousand two, had] has outstanding munici- 9 pal real estate taxes relating to any prior period [prior to January 10 first, two thousand one]. 11 (1) a term of [thirty] forty years; 12 (4-a) that suspended arrears shall be subordinated to any loan 13 obtained by the housing development fund corporation for allowable 14 purposes; 15 (9) that the company shall be required to increase maintenance charges 16 by a minimum of two percent per year or impose assessments to insure 17 that the company can provide for its obligations. 18 § 2. Section 576 of the private housing finance law is amended by 19 adding a new subdivision 4 to read as follows: 20 4. Notwithstanding any provision of law, rule or regulation to the 21 contrary, a regulatory agreement pursuant to this section shall not: 22 a. Include a requirement for a monitor approved by the commissioner or 23 supervising agency, as the case may be; 24 b. Place any limitations that would restrict the ability of a housing 25 development fund company to obtain a mortgage or comply with the 26 provisions of this chapter, including but not limited to, imposing sales EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00048-02-3
A. 10714 2 1 caps on the sale of dwelling units within a housing development fund 2 company project; 3 c. Require a housing development fund company to hire a management 4 company from a list of companies approved by the commissioner or super- 5 vising agency, as the case may be; 6 d. Where a shareholder of a housing development fund company inherits 7 residential property within one hundred miles of the municipality where 8 the housing development fund company project, require such shareholder 9 to either vacate their dwelling unit in the housing development fund 10 company project or sell such inherited property; 11 e. Limit the assets of a shareholder of a housing development fund 12 company to one hundred seventy-five percent or less of the area median 13 income for a family of four for the county in which a project is located 14 as calculated by the United States department of housing and urban 15 development; 16 f. Require a shareholder to demonstrate he or she resides in the hous- 17 ing development fund company project dwelling unit more than one hundred 18 eighty-three days a year; or 19 g. Require the sale of a dwelling unit in a housing development fund 20 company project to be administered through a housing portal of the 21 commissioner or supervising agency, as the case may be. 22 § 3. This act shall take effect immediately.