HCR-44-11-00016-P The Regulations Govern Management and Supervision of Mitchell-Lama Housing Companies

11/2/11 N.Y. St. Reg. HCR-44-11-00016-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 44

November 02, 2011

RULE MAKING ACTIVITIES

DIVISION OF HOUSING AND COMMUNITY RENEWAL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. HCR-44-11-00016-P

The Regulations Govern Management and Supervision of Mitchell-Lama Housing Companies

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 1700.2(a) and 1725-6.1(c) of Title 9 NYCRR.

Statutory authority:

Private Housing Finance Law, sections 32(3), 32-1(6) and 84(9); and Public Housing Law, section 14(4)

Subject:

The regulations govern management and supervision of Mitchell-Lama housing companies.

Purpose:

To comply with the Marriage Equality Act.

Text of proposed rule:

9 NYCRR § 1700.2(a)(7) Family member shall mean a spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, or sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son- in-law, mother-in-law or father-in-law of the tenant. Family member may also mean any other person residing with the tenant or cooperator. [the rest of the subsection remains the same]

9 NYCRR § 1725-6.1(c) Mutual Companies

(1) No board member of a mutual company shall participate in a vote to approve, renew, or otherwise affect a contract where such board member, a family member of such board member, a person residing with such board member, or a family member of a person residing with such board member at the time of such vote is employed by or has a direct or indirect interest in or, in the two year period prior to such vote, was employed by or had a direct or indirect interest in: (i) such contractor; or (ii) a company which such contractor manages or in which such contractor had a direct or indirect interest at the time of such person's employment or interest. As used in this paragraph, family member means spouse [husband, wife], son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law and daughter-in-law. [the rest of the subsection remains the same]

Text of proposed rule and any required statements and analyses may be obtained from:

Gary R. Connor, General Counsel, Division of Housing and Community Renewal, 25 Beaver Street, 7th Floor, New York, New York 10004, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Consensus Rule Making Determination

The Division of Housing and Community Renewal has determined that no person is likely to object to the adoption of these amended rules and regulations as written because they implement or conform to a non-discretionary statutory provision and make technical changes related thereto. To fully comply with the recently-enacted Marriage Equality Act, the amended rules and regulations eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse” in the following sections of Title 9 of Code, Rules and Regulations of the State of New York: 9 NYCRR § 1700.2(a)(7); 9 NYCRR § 1725-6.1(c)(1).

Job Impact Statement

The amended regulations are promulgated to fully comply with the recently-enacted Marriage Equality Act. The amended rules eliminate the use of gender-specific marital references (i.e., “husband” and “wife”) and instead use the term “spouse.” It is apparent from the text of the rules that the amendments will have no adverse impact on jobs or employment opportunities.