A Local Law to amend the administrative code of the city of New York, in relation to an audit of expiring affordable housing units

Int. No.

By The Speaker (Council Member Johnson)

A Local Law to amend the administrative code of the city of New York, in relation to an audit of expiring affordable housing units

Be it enacted by the Council as follows:

Section 1. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 21 to read as follows:

CHAPTER 21

EXPIRING AFFORDABLE HOUSING

§ 26-2101 Definitions. For the purposes of this chapter, the following terms shall have the following meanings:

Affordable housing unit. The term “affordable housing unit” means a dwelling unit that is required, pursuant to a federal, state or local law, rule or program administered by the city or an agreement with the city or a person acting on the city’s behalf, to be affordable for an extremely low income household, a very low income household, a low income household or a moderate income household.

Area median income. The term “area median income” means the median income for households in the city or in the metropolitan area that includes the city.

Dwelling unit. The term “dwelling unit” has the meaning ascribed to such term in the housing maintenance code.

Expiring affordable housing unit. The term “expiring affordable housing unit” means, with respect to the report required by section 26-2102, an affordable housing unit that, without a change in a federal, state or local law, rule or program or an agreement with the city or a person acting on the city’s behalf, will cease to be an affordable housing unit in or before the end of the second calendar year that commences after the due date of such report.

Extremely low income household. The term “extremely low income household” means a household who has an income of no more than 30 percent of the area median income, adjusted for the size of the household.

Extremely low income affordable housing (ELI-AH) unit. The term “extremely low income affordable housing (ELI-AH) unit” means an affordable housing unit that is required pursuant to a federal, state or local law, rule or program to be affordable for an extremely low income household.

Low income household. The term “low income household” means a household who has an income of more than 50 percent of the area median income but no more than 80 percent of the area median income, adjusted for the size of the household.

Low income affordable housing (LI-AH) unit. The term “low income affordable housing (LI-AH) unit” means an affordable housing unit that is required pursuant to a federal, state or local law, rule or program to be affordable for a low income household.

Moderate income household. The term “moderate income household” means a household who has an income of more than 80 percent of the area median income but no more than 165 percent of the area median income, adjusted for the size of the household.

Moderate income affordable housing (MI-AH) unit. The term “moderate income affordable housing (MI-AH) unit” means an affordable housing unit that is required pursuant to a federal, state or local law, rule or program to be affordable for a moderate income household.

Supportive housing. The term “supportive housing” means a dwelling unit that is required, pursuant to a federal, state or local law, rule or program, to be used as an affordable housing unit for a person with special needs.

Very low income household. The term “very low income household” means a household who has an income of more than 30 percent of the area median income but no more than 50 percent of the area median income, adjusted for the size of the household.

Very low income affordable housing (VLI-AH) unit. The term “very low income affordable housing (VLI-AH) unit” means an affordable housing unit that is required pursuant to a federal, state or local law, rule or program to be affordable for a very low income household.

                     § 26-2102 Annual audit. By no later than June 30 in each year, the department of housing preservation and development shall conduct an audit of affordable housing units and supportive housing to determine:

1. The number of ELI-AH units that are expiring affordable housing units in each neighborhood tabulation area;

2. The number of VLI-AH units that are expiring affordable housing units in each neighborhood tabulation area;

3. The number of LI-AH units that are expiring affordable housing units in each neighborhood tabulation area; and

4. The number of MI-AH units that are expiring affordable housing units in each neighborhood tabulation area.

§ 26-2103 Notice to council members. By no later than June 30 in each year, the department of housing preservation and development shall submit to the mayor, the speaker of the council and each council member:

1. The number of ELI-AH units that are expiring affordable housing units in the council district that such member represents;

2. The number of VLI-AH units that are expiring affordable housing units in the council district that such member represents;

3. The number of LI-AH units that are expiring affordable housing units in the council district that such member represents;

4. The number of MI-AH units that are expiring affordable housing units in the council district that such member represents; and

5. For each affordable housing unit that is an expiring affordable housing unit in the council district that such member represents:

(a) The street address and borough, block and lot number of the building containing such unit;

(b) A description of the federal, state or local law, rule or program or expiring agreement with the city or a person acting on the city’s behalf that renders such unit an expiring affordable housing unit; and

(c) A plan for preserving the affordability of such unit.

                     § 2. This local law takes effect immediately.

MPC

LS #1740

3/16/18 10:30AM