Res. No. 1148
Resolution calling upon Congress to pass and President George W. Bush to approve legislation extending the right of first refusal to federally funded Project-based Section 8 developments.
By Council Members Gerson, Brewer, Fidler, James, Liu, Mark-Viverito, Nelson, Palma, Seabrook, White Jr. and Jackson
Whereas, According to a July 9, 2007, Washington Post article entitled, “Low-Rent Program Predicts Losses; Rising Land Values Diminish Appeal of Section 8 Contracts” the Project-based Section 8 program captures 22,000 properties and 1.5 million units nationwide; and
Whereas, Over thirty year ago, the federal government developed an approach to creating affordable housing subsidies that would keep rents low for 20, 30, and 40 years, depending upon the programs; and
Whereas, Participation in the Project-based Section 8 program is dwindling and the need for affordable housing is growing exponentially; and
Whereas, According to the United States Department of Housing and Urban Development (HUD), “Affordable Housing Needs 2005: Report to Congress”, nearly 6 million Americans faced severe difficulties paying rent or lived in substandard housing in 2005; and
Whereas, The alarming rate of prepayment of subsidized mortgages of private owners, owners opting out of project-based subsidy programs, federal governments elimination of programs designed to promote the preservation of subsidized housing, and the federal government’s failure to create and fund new subsidized housing calls for the need for a federal right of first refusal; and
Whereas, The right of first refusal would mandate that owners of buildings leaving the Project-based Section 8 program provide existing tenants with “first buy” opportunities; and
Whereas, The right of first refusal would require that during the notification period when owners opt-out, the owner may not sell or contract to sell the property; and
Whereas, If the owner has received a bona fide offer to purchase the property, the owner must notify the tenants and local housing agencies and for 90 days following notification any of the designated rights holders may be able to make an offer for the property; and
Whereas, The right of first refusal would give at-risk tenants the right to purchase their Project-based Section 8 developments upon termination of participation in the program in order to maintain their affordability, now, therefore, be it
Resolved, That the Council of the City of New York calls upon Congress to pass and President George W. Bush to approve legislation extending the right of first refusal to federally funded Project-based Section 8 developments.
LS# 3641
BJG
10/12/2007