N.Y.
Public Housing Law Section 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 § 631 (Resident protections and opportunities)section six hundred thirty-one of this article and in subdivision fourteen of § 637 (Borrowing by the trust and for its benefit)section six hundred thirty-seven of this article and shall include reference to § 633 (Contracts of the trust)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.
Source:
Section 630 — Transfer of property, https://www.nysenate.gov/legislation/laws/PBG/630 (updated Aug. 19, 2022; accessed Oct. 26, 2024).
