NY Priv Hous Fin L § 1282 (2021)
2021 New York Laws PVH - Private Housing Finance Article 31 - Housing Our Neighbors With Dignity Program 1282 - Housing Our Neighbors With Dignity Program.

§  1282. Housing our neighbors with dignity program. 1. Establishment. Subject to amounts available by appropriation therefor, the  corporation shall  develop a housing our neighbors with dignity program (hereinafter referred to as "the program"), which shall provide a mechanism  for  the state  to  finance  the  acquisition of distressed hotels and commercial office properties by appropriate nonprofit organizations for the purpose of maintaining or increasing affordable housing. All affordable  housing properties  produced  through  this  program  shall  remain  permanently affordable, and all converted properties in a city with a population  of one  million  or  more, with the exception of small converted properties and exempt supportive housing, shall be required to pay building service employees the applicable prevailing wage pursuant to  subdivision  one-a of  this  section.  Permanent affordability restrictions shall require a regulatory agreement with the corporation or  local  housing  agency  or other  affordability restrictions in recorded documents not specifically listed in this subdivision, provided the corporation  or  local  housing agency  determines  that such restrictions are enforceable and likely to be enforced. Such enforcement measures shall include but not be  limited to  the  ability  to  cancel  or  transfer  the  regulatory agreement or property to another entity for violating the terms  of  such  regulatory agreement,  such as failure to meet the minimum obligations set forth in this article when such failure is not cured.   1-a. In a city with a population of one million or more, all  building service employees employed by an appropriate nonprofit organization at a converted property or otherwise employed at a converted property that is not  a  small  converted  property  or  exempt  supportive housing shall receive at least the applicable prevailing wage in such city for  craft, trade,  or  occupation  of  such  building  service employee. The fiscal officer shall have the power to enforce  such  provisions  in  the  same manner  as  provided  under  subparagraph  (iii)  of  paragraph  (g)  of subdivision seventeen of section four hundred twenty-one-a of  the  real property  tax  law. In addition, the fiscal officer shall have the power to conduct an investigation and hearing and file a determination  as  to the payment of wages owed by a lessee, owner, successor, or any employer of building service employees, as provided under subdivisions one, four, five,  six,  eight  and  nine  of section two hundred thirty-five of the labor law.   2. Purpose. The program shall seek to:  (a) Finance the acquisition of distressed hotels and commercial office properties by appropriate nonprofit organizations  for  the  purpose  of stabilizing communities and the housing market;  (b)   Finance  the  conversion  and  rehabilitation  of  the  physical condition of acquired property by appropriate nonprofit organizations in order to enhance the condition of such property  for  future  occupants, such as habitability and environmental sustainability; and  (c)  Provide an appropriate, expedient and efficient manner for owners of such distressed properties to transfer ownership  to  an  appropriate nonprofit  organization  so  as  to  promote the state's interest in the conversion of such properties to new supportive and affordable permanent housing units.   3. Powers. The state may finance the purchase, acquisition and holding by appropriate nonprofit organizations of distressed hotel or commercial office properties in any part of the state, and may take such actions as may be necessary to identify such distressed properties, for the purpose of maintaining or increasing the stock of  affordable,  stable,  quality housing;  provided  that  in  the  case of a property at which any hotel workers are represented by a collective bargaining representative, prior to the proposed acquisition, the  collective  bargaining  representative  shall  be  notified  in  writing  of  the  proposed acquisition, and the property  owner  shall  certify  prior  to  the  state  initiating  such acquisition  that  the collective bargaining representative has mutually agreed  in  a  separate  writing  with  the  property  owner to take the specific acquisition described in the written notice.   4.  Converted  properties.  All  properties  converted  to  affordable housing  pursuant  to  this  section shall meet the minimum standards of habitability, safety and quality of life for  all  established  housing. Additional  operating  expenses  shall be met through any combination of subsidies, vouchers,  commercial  rents,  or  other  sources  of  income available to the housing provider under the model the non-profit chooses to pursue. All units shall be rent stabilized as defined in this article in  localities  that  have adopted or opted in to the rent stabilization law. At least fifty percent of all converted  properties  shall  be  set aside  for  individuals  and families who were experiencing homelessness immediately prior to entering such converted  affordable  housing.  Each unit  must  contain,  at  a  minimum,  a  living/sleeping space, private bathroom with bath or shower, and either a full kitchen or a kitchenette with at least a 24-inch refrigerator, sink, cooktop, microwave oven  and outlets for countertop appliances.   5. Restrictions. The state shall not, in any case, facilitate the sale or  transfer  of property unless the state has entered into an agreement with the appropriate nonprofit organization to ensure that  any  actions necessary   to  bring  the  property  into  compliance  with  applicable building, safety, health and habitability codes and requirements will be taken before such property is occupied.   6. Tenant protections. Tenants residing  in  properties  converted  to affordable  housing  pursuant  to  this  section shall have full tenancy rights,  including  all  the  tenant  protections   pursuant   to   rent stabilization as defined in this article in localities that have adopted or  opted  in to the rent stabilization laws. Tenancy in such affordable housing shall not be restricted on  the  basis  of  sexual  identity  or orientation, gender identity or expression, conviction or arrest record, credit history, credit score, or immigration status.