2023 New York Laws › PBG - Public Housing › Article 15 - New York City Public Housing Preservation Trust › 630 - Transfer of Property.

§  630.  Transfer  of  property.  1.  NYCHA,  acting  by  NYCHA  board
resolution and in accordance with a disposition or similar plan approved
by the United States department of  housing  and  urban  development  in
accordance  with applicable federal law, which shall include a letter of
approval from the mayor or a designee of the mayor, may transfer to  the
trust,   with   or   without   consideration  and  without  any  further
authorization, a leasehold interest in its housing  facilities  and  any
ancillary  personal property of such facilities. The aggregate number of
residential units transferred to the  trust  pursuant  to  this  section
shall not exceed twenty-five thousand. On an annual basis, NYCHA and the
trust  shall  review  such  limit and, if they determine that such limit
should be increased, NYCHA and the trust shall make  recommendations  to
the legislature regarding any such increase.
2.  Within  sixty  days  of  the effective date of this article, NYCHA
shall issue a  set  of  proposed  requirements  related  to  the  voting
process.    There  shall be a comment period for the voting process, and
the comment period shall include  at  least  one  meeting  open  to  the
public.  NYCHA  shall consider the comments before issuance of the final
requirements for the voting process. The comments, and the responses  to
such  comments,  shall be published publicly, including, but not limited
to, on NYCHA's website. Within one hundred twenty days of the  effective
date  of  this  article,  the final requirements for the voting process,
which may be amended as needed pursuant to the process described in this
section,  shall  be  posted.  Such  voting  process  requirements  shall
include:  the  minimum  requirements for voter outreach that shall occur
prior  to  any  vote,  which  shall,  at  a  minimum,  conform  to   the
requirements  set  forth  in  subdivision  five  of this section, voting
eligibility, the form, substance, and timing of the voting process,  the
voting  requirements  regarding  the  selection  of  any  other proposed
modernization strategy at a housing  facility  in  connection  with  the
voting  process,  and the criteria by which an option shall be deemed to
be accepted or rejected by residents of a  particular  housing  facility
for  a  modernization  strategy that addresses the capital needs of such
housing facility. The voting process shall ensure that  all  tenants  of
record  above  the  age  of  eighteen  are  eligible to vote. The voting
process shall include options to vote in person, by  mail,  and  online.
The voting process shall also require a minimum percentage of tenants of
record at such housing facility to participate in the voting process for
such  voting process to be valid. The voting process shall also include,
but shall not be limited to, the ability of residents  at  a  particular
housing  facility  to  reject  the  options  proposed  for  such housing
facility submitted as part of the voting process.  If  all  options  are
rejected  at a particular housing facility, none of the proposed options
shall be implemented at such housing  facility  until  another  vote  is
undertaken  at  such housing facility. NYCHA shall comply with a vote to
accept or reject any such options. The trust shall not transfer, convey,
assign, mortgage, pledge or  otherwise  encumber  any  interest  in,  or
permit  or suffer any transfer, conveyance, assignment, mortgage, pledge
or other encumbrance of any interest in such housing  facility,  or  any
part  thereof,  prior  to  the posting of the final requirements for the
voting process, prior to the completed vote  at  such  housing  facility
approving  such  option,  and  prior  to  the satisfaction of applicable
federal law and regulations. NYCHA shall not transfer,  convey,  assign,
mortgage,  or  pledge  to  the  trust, or permit or suffer any transfer,
conveyance, assignment, mortgage, or pledge to the trust any interest in
such housing facility, or any part thereof, prior to the posting of  the
final  requirements  for the voting process, prior to the completed vote

at such housing  facility  approving  such  option,  and  prior  to  the
satisfaction of applicable federal law and regulations.
3.  In  addition  to  the requirements set forth in subdivision two of
this section, the trust shall not transfer,  convey,  assign,  mortgage,
pledge  or  otherwise  encumber any interest in, or permit or suffer any
transfer, conveyance, assignment, mortgage, pledge or other  encumbrance
of  any  interest in any housing facilities, or any part thereof without
prior written consent of NYCHA. Such written consent shall include,  but
not  be  limited  to,  all  protections described in section six hundred
thirty-one of this article and in subdivision fourteen  of  section  six
hundred  thirty-seven  of  this  article  and shall include reference to
section six hundred thirty-three of this article.
4. The trust shall ensure that any housing facilities  transferred  to
the  trust  pursuant to this section and any portions thereof are leased
in accordance  with  United  States  department  of  housing  and  urban
development eligibility and income-targeting requirements, to the extent
applicable  to  the units therein. Rents for such units shall not exceed
applicable  program  requirements  for  the  provision  of  housing  for
low-income   families   as  established  pursuant  to  federal  law  and
regulations. Where NYCHA rules, regulations  or  agreements  exceed  the
resident  protection  standards  set  forth  in  state or federal law or
regulations, any housing facilities transferred to the trust pursuant to
this section and any portions thereof shall be leased in accordance with
the  requirements  set  forth  in  the  NYCHA  rules,  regulations,   or
agreements, as applicable. To the extent consistent with federal law and
regulations, any transfer of a housing facility to the trust pursuant to
this  article  shall ensure the maintenance of all rights conferred on a
resident at the time of such transfer.
5. As part of the voting process and prior  to  the  transfer  of  any
housing  facility, or any part thereof, to the trust, NYCHA shall engage
in a course of  resident  engagement.  Such  resident  engagement  shall
include: (a) Notice of proposed options on the website of NYCHA and in a
prominent  location  of the affected housing facility in compliance with
language access requirements in federal and state law, as applicable;
(b) a summary description of the proposed options;
(c) the time and  place  of  at  least  one  public  meeting  held  in
accordance  with  applicable  accessibility  requirements at which NYCHA
shall provide residents of such facility information about the  proposed
options  and  an  opportunity  to  provide  oral comment on the proposed
transfer;
(d) notification  by  mail,  phone,  and  email,  where  such  contact
information  is  available, at least thirty days prior to a vote, to all
residents of such housing  facility,  which  shall  include  information
detailing the proposed options; and
(e)  an  opportunity  for residents to submit written comments and the
final date for submission of such comments.  NYCHA  shall  consider  and
respond  to  all  comments received in such period prior to completing a
transfer pursuant to this subdivision.