N.Y. Public Housing Law § 630: Transfer of property

§ 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 section six hundred

thirty-one of this article and in subdivision fourteen of section six

hundred thirty-seven of this article and shall include reference to

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.