Bill Text: NY A05175 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to establishing an electronic automated system for applications and waiting lists and to developing a written procedure for applicant selection and rejection.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2019-11-08 - signed chap.455 [A05175 Detail]

Download: New_York-2019-A05175-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5175--A
                                                                Cal. No. 246

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2019
                                       ___________

        Introduced  by  M.  of A. BLAKE, BARRON, COOK, CRESPO, DE LA ROSA, GOTT-
          FRIED, HYNDMAN, MOSLEY, ORTIZ,  PHEFFER AMATO,  PICHARDO,  RICHARDSON,
          SEAWRIGHT,  TAYLOR,  WALKER,  ARROYO  -- read once and referred to the
          Committee on Housing -- advanced to a third reading, passed by  Assem-
          bly and delivered to the Senate, recalled from the Senate, vote recon-
          sidered,  bill  amended, ordered reprinted, retaining its place on the
          order of third reading

        AN ACT to amend the private housing finance law, in relation  to  estab-
          lishing  an  electronic  automated system for applications and waiting
          lists, and to develop a written procedure for applicant selection  and
          rejection

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 31 of the private housing finance law is amended by
     2  adding three new subdivisions 13, 14 and 15 to read as follows:
     3    13. The commissioner or supervising agency  shall  develop  a  written
     4  procedure with regard to how applications for admission to a company are
     5  processed  and  numbered,  and  how tenants are selected. Such procedure
     6  shall be implemented and followed by all limited-profit  housing  compa-
     7  nies  subject to the provisions of this article; provided, however, that
     8  any limited-profit housing company may elect  additional  procedures  so
     9  long  as such procedures are not inconsistent with the procedures devel-
    10  oped by the commissioner or supervising agency and  any  other  require-
    11  ments set forth in this article.
    12    14.  The  commissioner or supervising agency shall develop a procedure
    13  whereby applicants are notified in the case that  their  application  is
    14  rejected  by  a limited-profit housing company subject to the provisions
    15  of this article, and such procedure  shall  also  include  the  appeal's
    16  process available to the rejected applicant. The notification that shall
    17  be  sent  to the applicant shall be in written form, include reasons why
    18  the applicant was rejected, the appeal's process, and  be  sent  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08654-03-9
        A. 5175--A                          2

     1  applicant  within  sixty  days  after the limited-profit housing company
     2  decided to reject such applicant. Any limited-profit housing company may
     3  elect additional procedures so long as such procedures  are  not  incon-
     4  sistent with the procedures developed by the commissioner or supervising
     5  agency  and  any  other  requirements  set  forth  in  this article. For
     6  purposes of this subdivision, an applicant shall not be deemed  rejected
     7  if  their  application  is  still  active  on the limited-profit housing
     8  company's waiting list and such waiting list is still open and accepting
     9  applications.
    10    15. The commissioner or  the  supervising  agency  shall  develop  and
    11  require  the use of a publicly available electronic automated system for
    12  limited-profit housing companies to store, process, and maintain  appli-
    13  cations and waiting lists. Waiting lists maintained by each such company
    14  shall use a method that protects any personally identifiable information
    15  of applicants from being publicly disclosed or accessible to the public.
    16  Such  electronic automated system shall also include general information
    17  about each company, including, but not limited to:  the name and address
    18  of the company; the management office and address; the number  and  size
    19  of  all  units  in  each building; and information on the status of each
    20  waiting list, including whether the limited-profit  housing  company  is
    21  currently  accepting  applications  and  how long applicants may have to
    22  wait.
    23    § 2. This act shall take effect June 15, 2021.