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S03006 Summary:

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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S03006 Actions:

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S03006 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 27, 2021
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3006                             2
     1    2.  "Eligible  applicant" shall mean a person of low income, a housing
     2  development fund company incorporated pursuant to article eleven of this
     3  chapter, a not-for-profit corporation or charitable  organization  which
     4  has  as  one  of  its  primary  purposes  the improvement of housing for
     5  persons  of  low income, a wholly-owned subsidiary of such a corporation
     6  or organization, a partnership at least fifty percent of the controlling
     7  interest of which is held by such  a  corporation  or  organization  and
     8  which  has  agreed  to  limit  profits or rate of return of investors in
     9  accordance with a formula established or approved by the corporation  or
    10  a  private developer which has agreed to limit profits or rate of return
    11  of investors in accordance with a formula established or approved by the
    12  corporation, a city, town, village or county,  provided,  however,  that
    13  the  county  is only acting as an administrator of a program under which
    14  projects are rehabilitated or constructed or  nonresidential  properties
    15  are  converted  by  other  eligible  applicants,  or a municipal housing
    16  authority created pursuant to the public housing law, provided, however,
    17  that any real property of such housing authority  to  be  rehabilitated,
    18  constructed or converted under this article shall not have been financed
    19  pursuant  to the provisions of the public housing law and shall not have
    20  been owned by such authority  prior  to  July  first,  nineteen  hundred
    21  eighty-six,  and  provided, further, however, that persons of low income
    22  shall not be direct recipients of payments, grants  or  loans  from  the
    23  corporation  under  this article but may receive such funds from another
    24  eligible applicant.
    25    3. "Affordable senior housing property" shall mean an apartment build-
    26  ing or complex occupied by individuals over sixty-two years of age,  who
    27  live  independently  and  at  least  eighty percent of whom have a total
    28  household income that does not exceed eighty percent of the area  median
    29  income,  and  which  apartment  building  or  complex  is  not otherwise
    30  required to be licensed as an adult care facility  pursuant  to  article
    31  seven  of the social services law or an assisted living residence pursu-
    32  ant to article forty-six-B of the public health law.
    33    4. "Healthy aging services" shall mean an array of  optional  services
    34  offered to residents of an affordable independent senior housing proper-
    35  ty  on  a  voluntary participation basis that help promote healthy aging
    36  which may include, but not be limited to:  establishing and  maintaining
    37  networking  relationships  with  community-based  services and organiza-
    38  tions; providing residents  with  information  and  referral  lists  for
    39  community  services  and  assisting  them with follow-ups; arranging for
    40  educational and socialization programs for residents; helping  residents
    41  arrange  for  housekeeping,  shopping,  transportation, meals-on-wheels,
    42  cooking and laundry services;  establishing  resident  safety  programs;
    43  assisting  residents  to  apply  for government benefits; advocating for
    44  residents; offering  opportunities  for  exercise;  educating  residents
    45  about  healthy diet; and other services designed to address the needs of
    46  older adults residing in  senior  housing  facilities  by  helping  them
    47  extend  their  independence,  improve  their  quality of life, and avoid
    48  unnecessary hospital and nursing home use.
    49    § 1242. Affordable senior housing and services program.  1. Establish-
    50  ment. Within amounts appropriated or otherwise available  therefor,  the
    51  corporation  shall  develop  and administer an affordable senior housing
    52  and services program which shall  provide  assistance  in  the  form  of
    53  payments,  grants and loans for reasonable and necessary expenses, to an
    54  eligible applicant for the  creation,  preservation  or  improvement  of
    55  affordable  senior  housing  properties, provided that such housing also

        S. 3006                             3
     1  provides access to healthy aging services on a voluntary basis  for  all
     2  residents of the affordable senior housing property.
     3    2.  Program criteria. The corporation shall develop procedures, crite-
     4  ria and requirements related to the application and  award  of  projects
     5  pursuant  to  this  section  which  shall  include:  eligibility, market
     6  demand, feasibility and  funding  criteria;  the  funding  determination
     7  process;  supervision  and evaluation of contracting applicants; report-
     8  ing, budgeting and recordkeeping requirements; provisions for  modifica-
     9  tion and termination of contracts; and such other matters not inconsist-
    10  ent  with the purposes and provisions of this article as the corporation
    11  shall deem necessary or appropriate.
    12    3. Fund allocation. Sixty percent of the total funds awarded  pursuant
    13  to  this  article  in  any  fiscal  year  shall be allocated to projects
    14  located in urban areas of the state, as such term is defined in subdivi-
    15  sion four of section twelve hundred thirty-one of  this  chapter.  Forty
    16  percent  of  the  total  funds  awarded  pursuant to this article in any
    17  fiscal year shall be allocated to projects located in rural areas of the
    18  state, as such term is defined in subdivision three  of  section  twelve
    19  hundred thirty-one of this chapter.
    20    4.  Proof  of  available  services. Applicants shall demonstrate proof
    21  that healthy aging services shall be made available to all residents  of
    22  the  property within thirty days of initial occupancy. There shall be no
    23  requirement that residents take part  in  such  services.  The  property
    24  owner  or  his  or her agent shall be responsible for ensuring that such
    25  services are available and that residents are made aware of  the  avail-
    26  ability  of  such services.   If the owner of the property or his or her
    27  agent also provides services such as home care, the owner or his or  her
    28  agent  shall  not require that any resident of the property use services
    29  provided and shall proactively provide information  to  residents  about
    30  the  availability  of  other companies or organizations in the community
    31  that provide the same or similar services.
    32    5. Services funding through the office for the aging. The  corporation
    33  shall  suballocate a portion of the amount appropriated for the afforda-
    34  ble senior housing and services program to  the  office  for  the  aging
    35  which  shall  provide  grants  on a competitive basis for not-for-profit
    36  organizations to provide  healthy  aging  services.  Such  office  shall
    37  develop  regulations  that will ensure that funds are provided to organ-
    38  izations that develop and operate affordable senior housing  properties,
    39  as  defined  in  this  article.  The  office for the aging shall provide
    40  grants to organizations that have demonstrated experience  working  with
    41  persons eligible for the program for at least three years.
    42    6.  Annual report. The corporation shall annually, on or before Decem-
    43  ber thirty-first, submit a report to the legislature on the  implementa-
    44  tion  of this article. Such report shall include, but not be limited to,
    45  for each award made to a grantee under this article:  a  description  of
    46  such  award;  contract  amount and cumulative total; the specific activ-
    47  ities in rural and urban areas performed by such grantee; and such other
    48  information as the corporation deems pertinent.
    49    § 2. This act shall take effect immediately.
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