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S3363Senate2019-2020 SessionSame asA4178

Escrow Funds for Building Repairs

Official title

“Provides that upon sale of a limited-profit housing company project, reserve and surplus funds must be held in escrow and dedicated to major capital improvements”

Sponsor Liz KruegerSD-28+7 co-sponsorsAffects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill requires that reserve and surplus funds from limited-profit housing projects sold to non-companies be used exclusively for major capital improvements before any rent increases are allowed.

Why it matters

  1. Protects tenants from premature rent hikes. by ensuring that reserve and surplus funds are fully utilized for essential capital improvements before any rent increases related to those improvements can be imposed by new owners.

  2. Limits the financial incentives for new, non-company owners. to profit from reserve funds, prioritizing reinvestment in the property’s infrastructure rather than allowing those funds to be diverted elsewhere or used to justify higher rents.

  3. Increases transparency and accountability in housing project sales. , as escrow requirements and specific use mandates for transferred funds make it harder for new owners to mismanage or misuse resources intended for building maintenance and upgrades.

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Who cares

Headline styles

Escrow Funds for Building Repairs

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4178Assembly

Escrow Housing Sale Funds

In Assembly Committee · Housing · Sponsor Steven Cymbrowitz

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3363

2019-2020 Regular Sessions

IN SENATE

February 6, 2019

Introduced by Sens. KRUEGER, BAILEY, HOYLMAN, LIU, MONTGOMERY, RIVERA, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development

AN ACT to amend the private housing finance law, in relation to the sale of limited-profit housing projects

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

Section 1. The private housing finance law is amended by adding a new section 36-b to read as follows:

§ 36-b. Sale or other conveyance of project. Notwithstanding any inconsistent provision of law, upon the sale or other conveyance of a project by a company to any entity other than a company, the following requirements shall apply.

1. All reserve and surplus funds transferred by the company to the new owner must be held by such new owner in escrow accounts and may be used by such new owner solely for the purpose of making major capital improvements to the project.

2. No rental or other charge may be increased by the new owner to defray the cost of any major capital improvement unless and until all of such reserve and surplus funds have been expended to defray the cost of major capital improvements.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06407-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the private housing finance law, in relation to the sale of limited-profit housing projects

Purpose or general idea of bill

This bill provides that upon sale of a limited-profit housing company project, reserve and surplus funds must be held in escrow and dedicated to major capital improvements.

Summary of specific provisions

The bill amends the Private Housing Finance Law (PHFL) by adding a new section 36-b. That new section provides that if a limited profit housing company incorporated under Article II of the PHFL sells a project to any entity other than a limited-profit housing company, then all reserve and surplus funds transferred to the new owner must be held in escrow for the purpose of making major capital improvements to the project. The bill further provides that the new owner may not increase rents or other charges, based on new capital improvements, until after the reserve and surplus funds held in escrow have been exhausted.

Justification

The Mitchell-Lama program was established to create affordable housing and guarantee developer profits of 61 on investments. In the event of buyouts by owners of Mitchell-Lama developments, owners of limited profit housing companies might transfer reserve or surplus monies to the private sector, and those funds could - without the provisions contained in this bill- be used in a manner contrary to the spirit and purpose of the Mitchell-Lama program and the law creating it.

In order to ensure that monies which rightfully belong to residents in limited profit housing companies are used to improve those buildings, this bill would require that reserve or surplus funds be placed in an escrow account if a housing company opts to buyout of the Mitchell-Lama program, and limits the purpose for which the funds held in escrow may be used.

Legislative history

2017-18:S.3181/A.5798Cymbrowitz - Housing 2015-16:S.2870/A.1712Cymbrowitz - Housing 2013-14:S.3167/A.2833Wright - Housing 2011-12:S.444/A.1853Wright - Housing 2009-10: S.3850/A.1287 Wright - Housing 2007-08: 8.3406/A.484 Wright - Housing 2005-06: S.7464/A.9915 O'Donnell - Housing

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.