Establishes an affordable independent senior housing assistance program which shall provide grants within amounts appropriated or otherwise available therefor to affordable independent senior housing properties to establish and operate resident assistance programs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4716
SPONSOR: Rosenthal L (MS)
 
TITLE OF BILL:
An act to amend the private housing finance law, in relation to estab-
lishing an affordable independent senior housing assistance program
 
PURPOSE:
Establishes the Affordable Independent Senior Housing Assistance Program
to be administered by the Division of Housing and Community Renewal and
the Department of Health.
 
SUMMARY OF PROVISIONS: :
Section 1265 establishes the Affordable Independent Senior Housing
Assistance Program to be developed by the Division of Housing and Commu-
nity Renewal in conjunction with the Department of Health. The Program
shall serve residents sixty years of age, or older, with a household
income not to exceed 80% of the area median income. Resident assistance
includes optional support services, defined by the Department of Health,
that promote independent living. No such services shall include activ-
ities that would require licensure as an adult care facility, or
assisted living residence. Sixty percent of the total funds awarded
shall be allocated to projects located in urban areas of the state, and
forty percent in rural areas. Funding appropriated for the purposes of
this program may be transferred to the Department of Health, and a
portion may be retained for program administration.
 
JUSTIFICATION:
The enacted FY 2017-18 State Budget provided $125 million in capital
appropriations over five years, for 100% affordable and independent
senior housing projects serving residents sixty years of age, or older.
This program would complement the State's capital investment in afforda-
ble and independent senior housing, by providing residents with optional
services that would further promote independent living. It will advance
opportunities for seniors to live in the most integrated setting appro-
priate to their individual needs and preferences, while also deterring
unwarranted institutional care.
 
LEGISLATIVE HISTORY:
2021-22: A.3612 (Cymbrowitz) - Referred to Housing; S.3129 (Kavanagh) -
Referred to Housing, Construction and Community Development
2019-20: A.4358 - Referred to Housing; S.4538 (Kavanagh) - Referred to
Housing, Construction and Community Development
2017-18: A.10017A - Referred to Housing; S.7866A - Referred to Housing,
Construction, and Community Development.
 
FISCAL IMPLICATIONS:
None. This program would be subject to annual appropriations.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4716
2023-2024 Regular Sessions
IN ASSEMBLY
February 22, 2023
___________
Introduced by M. of A. L. ROSENTHAL, ROZIC, TAYLOR, COLTON, WALLACE,
SANTABARBARA, JOYNER -- Multi-Sponsored by -- M. of A. McDONOUGH --
read once and referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to estab-
lishing an affordable independent senior housing assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The private housing finance law is amended by adding a new
2 article 29-A to read as follows:
3 ARTICLE XXIX-A
4 AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM
5 Section 1265. Affordable independent senior housing assistance program.
6 § 1265. Affordable independent senior housing assistance program. 1.
7 Establishment. The commissioner, in conjunction with the commissioner of
8 health, shall develop an affordable independent senior housing assist-
9 ance program, which shall provide grants within amounts appropriated or
10 otherwise available therefor to affordable independent senior housing
11 properties to establish and operate resident assistance programs. The
12 grants shall be distributed by the commissioner of health.
13 2. Definitions. For purposes of this article, the following terms
14 shall have the following meanings: (a) "affordable independent senior
15 housing property" shall mean apartment buildings or apartment complexes
16 occupied by individuals over sixty years of age, who live independently
17 and at least eighty percent of whom have a total household income that
18 does not exceed sixty percent of the area median income; and
19 (b) "resident assistance" shall mean support offered to residents of
20 affordable independent senior housing properties to help promote healthy
21 living by extending independence and improving quality of life.
22 3. Assistance. Resident assistance shall be determined by the commis-
23 sioner of health; provided however, that the provision of such assist-
24 ance shall not include any services or assistance that requires the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05855-01-3
A. 4716 2
1 property to be licensed as an adult care facility pursuant to article
2 seven of the social services law or an assisted living residence pursu-
3 ant to article forty-six-B of the public health law. Prior to issuing
4 any grants pursuant to this article, the department of health shall
5 solicit input from various stakeholders to determine what would consti-
6 tute assistance to ensure that such assistance would not require such
7 licensure. A summary of such input and the determination by the depart-
8 ment of health as to whether the assistance provided by the grant appli-
9 cant would require licensure as an adult care facility or assisted
10 living residence shall be in writing and shared with the various stake-
11 holders prior to the approval of any grants pursuant to this section.
12 4. Allocation. Sixty percent of the total funds awarded pursuant to
13 this article in any fiscal year shall be allocated to projects located
14 in urban areas of the state, as such term is defined in subdivision four
15 of section twelve hundred thirty-one of this chapter. Forty percent of
16 the total funds awarded pursuant to this article in any fiscal year
17 shall be allocated to projects located in rural areas of the state, as
18 such term is defined in subdivision three of section twelve hundred
19 thirty-one of this chapter. Any funds appropriated or otherwise avail-
20 able therefor for the program may be transferred to the department of
21 health. A portion of any amounts appropriated or otherwise available
22 therefor may be used by the commissioner of health to administer the
23 program.
24 § 2. This act shall take effect immediately.