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A03531 Summary:

COSPNSRBarron, De La Rosa
Add Art 28 §§1240 - 1242, Priv Hous Fin L
Establishes the affordable senior housing and services program to be administered by the housing trust fund corporation; such program shall provide payments, loans and grants for the reasonable and necessary expenses of creating, preserving or improving affordable senior housing which provides healthy aging services to residents.
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A03531 Actions:

01/27/2021referred to housing
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A03531 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Cymbrowitz
  TITLE OF BILL: An act to amend the private housing finance law, in relation to estab- lishing the affordable senior housing and services program   PURPOSE: Establishes the affordable senior housing and services program to be administered by the Housing Trust Fund Corporation.   SUMMARY OF PROVISIONS: Section 1240 sets forth legislative findings. Section 1241 provides for definitions. Section 1242 establishes the Affordable Senior Housing and Services Program and criteria for eligibility. Sixty percent of available funding will be allocated to projects in urban areas. Forty percent of available funding will be allocated to projects in rural areas. An annual report shall be submitted to the Legislature.   JUSTIFICATION: New York State has historically financed independent housing designed for seniors. In recent years, priorities have shifted and senior housing units have been included as a small set aside within larger supportive housing projects serving people with a broad range of special needs. This does not always achieve the objective of creating senior communi- ties with amenities and services geared toward the aging population. The Social Security Administration estimates that 10,000 Americans are turning 65 every day. With that, the demand for age-targeted affordable housing developments with amenities and services geared for residents 62 and older is on the rise. Many of these seniors are anticipated to have limited retirement savings, and will need subsidized rental housing to live safely and independently in the community. The U.S. Department of Housing and Urban Development (HUD) Section 202 program, which built over 100,000 units of senior housing in New York, was discontinued in 2011, and now only provides ongoing rental assist- ance to existing developments. Creating a new statewide Affordable Senior Housing and Services Program will help address the demand for safe, decent affordable housing for seniors, while also ensuring that seniors are not unnecessarily placed in more costly and restrictive institutional settings. This program will also provide for optional basic healthy aging services for residents.   LEGISLATIVE HISTORY: 2019-20 A.4974 Referred to Housing/S.5269 Kavanagh 2017-18: A.6804 - Referred to Housing, Referred to Ways & Means.   FISCAL IMPLICATIONS: None. This program would be subject to annual appropriations.   EFFECTIVE DATE: This act shall take effect immediately.
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A03531 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2021
        Introduced  by  M. of A. CYMBROWITZ, BARRON, DE LA ROSA -- read once and
          referred to the Committee on Housing
        AN ACT to amend the private housing finance law, in relation  to  estab-
          lishing the affordable senior housing and services 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 28 to read as follows:
     3                               ARTICLE XXVIII
     4                          AFFORDABLE SENIOR HOUSING
     5                                AND SERVICES
     6  Section 1240. Statement of legislative findings and purpose.
     7          1241. Definitions.
     8          1242. Affordable senior housing and services program.
     9    § 1240. Statement of legislative findings and purpose. The legislature
    10  hereby finds and declares that there exists in the state a serious shor-
    11  tage of rental housing for older persons who choose to live independent-
    12  ly,  and  who  may benefit from modest basic services in order to remain
    13  living  independently.  Providing  capital  funding  to  facilitate  the
    14  construction  and  rehabilitation  of  affordable  rental apartments for
    15  older persons over the age of sixty-two, and providing  service  coordi-
    16  nation  funds  to  not-for-profit organizations, will allow thousands of
    17  older New Yorkers to  "age-in-place"  comfortably  in  their  community,
    18  reducing the likelihood of residing in an institutional setting.
    19    § 1241. Definitions. As used in this article:
    20    1.  "Corporation" shall mean the housing trust fund corporation estab-
    21  lished in section forty-five-a of this chapter.
    22    2. "Eligible applicant" shall mean a person of low income,  a  housing
    23  development fund company incorporated pursuant to article eleven of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3531                             2
     1  chapter,  a  not-for-profit corporation or charitable organization which
     2  has as one of its  primary  purposes  the  improvement  of  housing  for
     3  persons  of  low income, a wholly-owned subsidiary of such a corporation
     4  or organization, a partnership at least fifty percent of the controlling
     5  interest  of  which  is  held  by such a corporation or organization and
     6  which has agreed to limit profits or rate  of  return  of  investors  in
     7  accordance  with a formula established or approved by the corporation or
     8  a private developer which has agreed to limit profits or rate of  return
     9  of investors in accordance with a formula established or approved by the
    10  corporation,  a  city,  town, village or county, provided, however, that
    11  the county is only acting as an administrator of a program  under  which
    12  projects  are  rehabilitated or constructed or nonresidential properties
    13  are converted by other  eligible  applicants,  or  a  municipal  housing
    14  authority created pursuant to the public housing law, provided, however,
    15  that  any  real  property of such housing authority to be rehabilitated,
    16  constructed or converted under this article shall not have been financed
    17  pursuant to the provisions of the public housing law and shall not  have
    18  been  owned  by  such  authority  prior  to July first, nineteen hundred
    19  eighty-six, and provided, further, however, that persons of  low  income
    20  shall  not  be  direct  recipients of payments, grants or loans from the
    21  corporation under this article but may receive such funds  from  another
    22  eligible applicant.
    23    3. "Affordable senior housing property" shall mean an apartment build-
    24  ing  or complex occupied by individuals over sixty-two years of age, who
    25  live independently and at least eighty percent  of  whom  have  a  total
    26  household  income that does not exceed eighty percent of the area median
    27  income, and  which  apartment  building  or  complex  is  not  otherwise
    28  required  to  be  licensed as an adult care facility pursuant to article
    29  seven of the social services law or an assisted living residence  pursu-
    30  ant to article forty-six-B of the public health law.
    31    4.  "Healthy  aging services" shall mean an array of optional services
    32  offered to residents of an affordable independent senior housing proper-
    33  ty on a voluntary participation basis that help  promote  healthy  aging
    34  which  may include, but not be limited to:  establishing and maintaining
    35  networking relationships with  community-based  services  and  organiza-
    36  tions;  providing  residents  with  information  and  referral lists for
    37  community services and assisting them  with  follow-ups;  arranging  for
    38  educational  and socialization programs for residents; helping residents
    39  arrange for  housekeeping,  shopping,  transportation,  meals-on-wheels,
    40  cooking  and  laundry  services;  establishing resident safety programs;
    41  assisting residents to apply for  government  benefits;  advocating  for
    42  residents;  offering  opportunities  for  exercise;  educating residents
    43  about healthy diet; and other services designed to address the needs  of
    44  older  adults  residing  in  senior  housing  facilities by helping them
    45  extend their independence, improve their  quality  of  life,  and  avoid
    46  unnecessary hospital and nursing home use.
    47    § 1242. Affordable senior housing and services program.  1. Establish-
    48  ment.  Within  amounts appropriated or otherwise available therefor, the
    49  corporation shall develop and administer an  affordable  senior  housing
    50  and  services  program  which  shall  provide  assistance in the form of
    51  payments, grants and loans for reasonable and necessary expenses, to  an
    52  eligible  applicant  for  the  creation,  preservation or improvement of
    53  affordable senior housing properties, provided that  such  housing  also
    54  provides  access  to healthy aging services on a voluntary basis for all
    55  residents of the affordable senior housing property.

        A. 3531                             3
     1    2. Program criteria. The corporation shall develop procedures,  crite-
     2  ria  and  requirements  related to the application and award of projects
     3  pursuant to  this  section  which  shall  include:  eligibility,  market
     4  demand,  feasibility  and  funding  criteria;  the funding determination
     5  process;  supervision  and evaluation of contracting applicants; report-
     6  ing, budgeting and recordkeeping requirements; provisions for  modifica-
     7  tion and termination of contracts; and such other matters not inconsist-
     8  ent  with the purposes and provisions of this article as the corporation
     9  shall deem necessary or appropriate.
    10    3. Fund allocation. Sixty percent of the total funds awarded  pursuant
    11  to  this  article  in  any  fiscal  year  shall be allocated to projects
    12  located in urban areas of the state, as such term is defined in subdivi-
    13  sion four of section twelve hundred thirty-one of  this  chapter.  Forty
    14  percent  of  the  total  funds  awarded  pursuant to this article in any
    15  fiscal year shall be allocated to projects located in rural areas of the
    16  state, as such term is defined in subdivision three  of  section  twelve
    17  hundred thirty-one of this chapter.
    18    4.  Proof  of  available  services. Applicants shall demonstrate proof
    19  that healthy aging services shall be made available to all residents  of
    20  the  property within thirty days of initial occupancy. There shall be no
    21  requirement that residents take part  in  such  services.  The  property
    22  owner  or  his  or her agent shall be responsible for ensuring that such
    23  services are available and that residents are made aware of  the  avail-
    24  ability  of  such services.   If the owner of the property or his or her
    25  agent also provides services such as home care, the owner or his or  her
    26  agent  shall  not require that any resident of the property use services
    27  provided and shall proactively provide information  to  residents  about
    28  the  availability  of  other companies or organizations in the community
    29  that provide the same or similar services.
    30    5. Services funding through the office for the aging. The  corporation
    31  shall  suballocate a portion of the amount appropriated for the afforda-
    32  ble senior housing and services program to  the  office  for  the  aging
    33  which  shall  provide  grants  on a competitive basis for not-for-profit
    34  organizations to provide  healthy  aging  services.  Such  office  shall
    35  develop  regulations  that will ensure that funds are provided to organ-
    36  izations that develop and operate affordable senior housing  properties,
    37  as  defined  in  this  article.  The  office for the aging shall provide
    38  grants to organizations that have demonstrated experience  working  with
    39  persons eligible for the program for at least three years.
    40    6.  Annual report. The corporation shall annually, on or before Decem-
    41  ber thirty-first, submit a report to the legislature on the  implementa-
    42  tion  of this article. Such report shall include, but not be limited to,
    43  for each award made to a grantee under this article:  a  description  of
    44  such  award;  contract  amount and cumulative total; the specific activ-
    45  ities in rural and urban areas performed by such grantee; and such other
    46  information as the corporation deems pertinent.
    47    § 2. This act shall take effect immediately.
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