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.