New York S 4236: Relates to enacting the uniform voidable transactions act; repealer

Bill Text

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S04236 Summary:

BILL NOS04236 

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SAME ASSAME AS A06432

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SPONSORCOMRIE

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COSPNSRSANDERS

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MLTSPNSR

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Relates to protecting the rights of current and converted Mitchell-Lama residents.

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BILL NOS04236 

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02/03/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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There are no Assembly votes for this bill in this legislative session.

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 STATE OF NEW YORK
 ________________________________________________________________________

 4236

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction and
 Community Development

 AN ACT in relation to protecting the rights of current and converted
 Mitchell-Lama residents

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

 1 Section 1. Protecting the rights of current and converted Mitchell-
 2 Lama residents. 1. New York State Homes and Community Renewal, in
 3 consultation with the New York City Department of Housing Preservation,
 4 shall appoint an independent agency or office, which will solicit resi-
 5 dent complaints and will provide unbiased grievance and complaint proce-
 6 dures that are consistent with the administrative procedures act. The
 7 independent agency or office will handle all Mitchell-Lama complaints
 8 including, but not limited to, the following:
 9 a. owner/management company/co-op board harassment and abuse;
 10 b. enjoying the benefit of unnecessarily and financially unsupported
 11 rent/carrying charge increases;
 12 c. failure to adequately reconcile tenant rent/carrying charge
 13 records;
 14 d. failure to provide essential services on a consistent basis;
 15 e. failure to provide a decent, sanitary and safe living environment;
 16 f. failure to hold open and transparent co-op board elections;
 17 g. failure to notify and include all residents of building/development
 18 conversions; and
 19 h. failure to lower rents/carrying charges for eligible residents,
 20 when a subsidy program that is already in development will lower that
 21 resident's rent/carrying charges.
 22 2. The practice of approving refinancing and/or conversion "windfall"
 23 deals shall be eliminated unless the ownership, managing agents, co-ops
 24 boards, the New York city supervised Mitchell-Lama developments (HPD)

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05474-01-5

 S. 4236 2

 1 and the New York state supervised Mitchell-Lama developments (DHCR) can
 2 produce verified financial documentation from the comptroller which
 3 accounts for every dollar spent during the ten year period prior to the
 4 application for refinancing and/or conversion.
 5 3. All rent and carrying charge increases approved by HPD and DHCR
 6 shall receive final approval from the respective New York city or New
 7 York state comptroller and such respective comptroller shall have certi-
 8 fied that the increase is financially necessary and supported by a comp-
 9 troller-verified financial review of expenses, assets and income.
 10 4. Unless the comptroller with the jurisdiction officially agrees to
 11 monitor and confirm the validity and accuracy of future expenses or
 12 losses, owners and co-op boards shall not be permitted to continue to
 13 receive rent/carrying charge increases based on those projections.
 14 5. Unless a resident's household income confirms that such resident is
 15 subject to a surcharge, there shall be no audit surcharges.
 16 6. Legal representation and adequate pro se litigant support shall be
 17 provided by the state of New York for litigants in landlord/tenant
 18 cases.
 19 7. A comprehensive help desk shall be provided by the supreme courts
 20 of the state of New York to support pro se litigants.
 21 8. Judges and court staff with knowledge and experience with the Mitc-
 22 hell-Lama law and regulations shall oversee all Mitchell-Lama related
 23 cases.
 24 § 2. This act shall take effect immediately.

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