•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A08386 Summary:

BILL NOA08386
 
SAME ASSAME AS S07791
 
SPONSORCunningham
 
COSPNSRSimone, Levenberg, Mitaynes, Forrest, Gallagher, Simon, Hevesi, Bores, Shrestha, Gonzalez-Rojas, Bichotte Hermelyn, Mamdani, Rosenthal L, Lee, Davila, Thiele, Cruz, Zaccaro, Gibbs, Jackson, Meeks, Fahy, Kelles, Weprin, Rajkumar, Darling, Taylor, Clark, Chandler-Waterman
 
MLTSPNSR
 
Add §96-c, Gen Muni L
 
Enacts the "faith-based affordable housing act" for development on residential land; defines terms; provides that each village, town, and city shall allow the construction and occupation of residential buildings on any covered site up to the specified densities; provides that all residential buildings constructed pursuant to this section in a town, village, or city with fewer than one million inhabitants shall set aside twenty percent of the residential floor area for households earning an average of eighty percent of area median income; outlines the densities for New York city; makes related provisions.
Go to top    

A08386 Actions:

BILL NOA08386
 
12/13/2023referred to local governments
01/03/2024referred to local governments
Go to top

A08386 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8386
 
SPONSOR: Cunningham
  TITLE OF BILL: An act to amend the general municipal law, in relation to enacting the "faith-based affordable housing act" and residential development on religious land   PURPOSE OR GENERAL IDEA OF BILL: To allow religious corporations to bypass restrictive zoning barriers in order to build affordable housing on their land   SUMMARY OF PROVISIONS: Section one of this bill names it the "Faith-Based Affordable Housing Act." Section two adds a new section 96-c to the General Municipal Law which stipulates that places of worship such as temples, churches, mosques; and synagogues are allowed to bypass local zoning laws that restrict their ability to develop their land, so long as they meet the following requirements: The organization must be building mixed-income or 100% affordable hous- ing, which can be either rental or coop units. Inside New York City, the building must conform to the City's Mandatory Inclusionary Housing (MIN) affordability standards: Option 1: 25% of units are set aside for households earning 60% area median income (AMI), with 5% set aside for 40% AMI Option 2: 30% of units set aside for 80% AMI Option 3: 20% of units set aside for 40% AM Outside of New York City, where market rate property cannot cross-subsidize as much affordable housing, the building would need to set aside 20% of units for 80% AMI. The property must be solely owned by the religious organization. The housing must contain at least four units. The construction is primarily residential. New buildings, for example, cannot dedicate more than 35% of floor area to non-residential purposes (such as religious, educa- tional, charitable, or community facility use). The housing adheres to the following density limits: - In villages, towns, and cities with fewer than 50,000 inhabitants, 35 feet or the height of another existing building on the lot, if one is taller, and no more than 30 units per acre - In villages, towns, and cities with more than 50,000 inhabitants but less than one million, 55 feet or or the height of another existing building on the lot, if one is taller, and no more than 50 units per acre. In cities in this category, landowners can also cite a higher density within 800 feet (approximately one block) of the parcel. - In New York City, 55 feet or the the height of an existing building on the lot, if one is taller, with overall density limited 2.2 floor area ratio (FAR). Landowners can also cite a higher density within 800 feet (approximately one block) of the parcel. Affordable units must be physically integrated into the design of the development and distributed among various sizes (studio, one-, two-, three-and four-bedroom units) in the same proportion as other units. Affordable units must be distributed evenly among floors and cannot have less than 90% of the floor area of market rate units. Affordable units should not be distinguishable from market rate units from the building exterior and should have the same interior furnishings. Affordable units should not have a separate entrance to common amenities or charge additional fees for access to common areas. If a religious organization is selling or leasing land, they must under- go a Division of Housing and Community Renewal (DHCR)-approved training on real estate development, funding sources for affordable housing, types and selection of vendors, and a review of the statutory require- ments for such sale or lease Localities can reasonably regulate the construction of sidewalks, rear yards, side yards, and curb cuts for accessory parking or loading so long as it does not impede the full development of the building. They cannot otherwise impose requirements such as the provision of off-street parking, minimum, maximum, or aver- age unit sizes, the prioritization of units to residents of certain neighborhoods, the prioritization of housing units for any age group, minimum purchase prices for coops, the adherence to any local building or fire code beyond the standard, the provision of municipal services or utility access, density or affordability requirements other than what is otherwise prescribed in the bill, or any other requirement deemed by a court to impede the full development of affordable housing on their land. Localities also cannot demand more than $0.25 per square foot for permits and may not charge other fees. Building departments shall ministerially and without discretionary review or a hearing approve applications for building permits under the bill within sixty days of an application. Full environmental reviews under the State Environmental Quality Review Act (SEQRA) would not be required so long as the landowner submits the following certifications: that a Phase I Environmental Site Assessment (ESA) has been completed, that soil and water testing has been completed pursuant to Department of Environmental Conservation (DEC) standards, and that a qualified envi- ronmental professional attests that the building will not violate state wetland or drinking water laws. In the event that a coop building is resold, the units must be similarly restricted by the AMI levels set above for new shareholders. The bill does not require the alteration or demolition of any buildings desig- nated as historical sites or landmarks, which would maintain such desig- nation under the bill. Parties that do not receive a timely processing of their application, or are unfairly denied, have recourse under Article 78 of the Civil Prac- tice Law and Rules. Attorneys fees against a local government who does not prevail in an Article 78 proceeding are permitted. DHCR, the NYS Attorney General, and DEC would promulgate regulations within a year on enforcement mechanisms to ensure permanent affordability, occupancy standards, marketing and leasing standards, and the content of the training that must be undertaken by a religious organization in the event of a sale or lease. DHCR shall provide technical assistance to localities as necessary. Section three of the bill sets the effective date.   JUSTIFICATION: New York State faces a dire housing affordability crisis, leading to nation-leading homelessness rates and median rents and coop prices that are out of reach for the majority of low- and middle-income renters and shareholders. In August 2023, the average monthly rent for an apartment in New York City jumped to a record-high- $5,600 - despite the fact that, according to the city's most recent Housing and Vacancy Survey, the median renter household in NYC makes only $50,000 a year. A recent study from the Regional Plan Association shows that the state needs to build 817,000 more homes over the next decade just to meet expected population and job growth - yet restrictive and outdated zoning rules in municipalities across the state stand in our way. Following the recent precedent of other states who have enacted as-of- right development laws for religious organizations, such as Washington and California, this bill recognizes the unique role that houses of worship play as pillars of the communities they serve. In addition to acting as spiritual and emotional havens for their congregations, houses of worship frequently take on the role of food pantry, job training center, clothing distribution center, direct aid provider, and safe haven for adults and families experiencing homelessness. They produce economic halo effects, creating on average over $140,000 of value per year through the contribution of volunteer time, space at below market rates, and cash and in-kind donations to community-serving programs. Four out of five individuals who visit a house of worship are benefici- aries of the organization's programming rather than members, and houses of worship attract millions of visitors a year while raising the proper- ty values of those around them. Yet, despite the many benefits they provide, religious organizations often find themselves in precarious financial positions due to the expensive upkeep of their historic properties. They are land-rich but cash-poor, often subsisting off of fixed or slow-growing income supports while their expenses rise. When they seek to redevelop their property with affordable housing, providing a sorely needed public good while shoring up revenue, they run into zoning barriers that prevent them from doing so. This bill, the Faith-Based Affordable Housing Act, would dramatically accelerate the timeline on which affordable housing on religious proper- ty can be built while reducing bureaucratic hurdles. It allows houses of worship such as temples, synagogues, mosques, and churches to bypass local zoning rules so long as they are building affordable housing that complies with reasonable density standards (generally 30 units per acre for small municipalities with less than 50,000 people, 50 units per acre for localities with more than 50,000 people, and 2.2 FAR for New York City). Localities would not be able to impose burdensome regulations on affordable developments such as the provision of off-street parking or adherence to new building codes that render such development impractical or prohibitively expensive to pursue. Building departments would minis- terially review applications, and congregations would be able to bypass full environmental impact assessments required under SEQRA in favor of simpler certifications more appropriately curtailed to the size and scope of the development. This bill represents a thoughtful approach to our state's housing crisis by allowing those organizations which have always served as pillars of their community to provide the public good of affordable housing. It provides a means through which religious organizations can realize the full value of their land, ensuring that they are able to retain their properties for years to come while respecting the local context and history of the neighborhoods they serve. In creating a simpler, more streamlined approach to building permitting for churches with parking lots and other land that is not zoned for residential use, New York will be helping maintain some of our most celebrated community nexuses while creating badly needed affordable housing.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATION: None   EFFECTIVE DATE: Immediate
Go to top

A08386 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8386
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Local Governments
 
        AN ACT to amend the general municipal law, in relation to  enacting  the
          "faith-based  affordable  housing  act" and residential development on
          religious land
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "faith-based affordable housing act".
     3    § 2. The general municipal law is amended by adding a new section 96-c
     4  to read as follows:
     5    § 96-c. Residential development on religious land. 1. For the purposes
     6  of this section, the following terms shall have the following meanings:
     7    (a) "Covered site" shall mean any parcel of land, or group of  one  or
     8  more  contiguous  parcels  of  land,  that  lies within an urban area as
     9  defined by the U.S. Census Bureau but does  not  lie  within  a  locally
    10  designated  manufacturing  or  industrial  zoning  district,  where such
    11  parcel or group of one or more contiguous parcels of land is owned sole-
    12  ly, directly or indirectly (e.g. via a wholly  owned  limited  liability
    13  company)  by a religious corporation or corporations as of the effective
    14  date of this section.
    15    (b) "Religious corporation" shall have the same meaning as defined  in
    16  the  religious  corporations law and shall also include nonprofit corpo-
    17  rations that include  in  their  purpose  worship  or  the  training  or
    18  conducting  of  religious  rituals  or the reading or study of religious
    19  texts incorporated under the not-for-profit corporation law  or  foreign
    20  corporations subject to such law.
    21    (c)  "Buildings  department"  shall  mean  the  city, town, or village
    22  department, division, or other agency or office  having  primary  super-
    23  vision  of  the  construction  of  buildings  and  issuance  of building
    24  permits.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13656-04-3

        A. 8386                             2
 
     1    (d) "Commissioner" shall mean the  commissioner  of  the  division  of
     2  housing and community renewal.
     3    (e)  "Residential  building"  shall mean any structure used in part or
     4  entirely  for  full-time,  non-transient  residential  occupation   that
     5  contains at least four residential units; that is connected to community
     6  or  public water and sewerage systems, including sewage treatment works,
     7  upon date of initial occupancy; and in which no  more  than  thirty-five
     8  percent  of the floor area is devoted to religious or educational use or
     9  charitable or community facility use, provided that any  existing  reli-
    10  gious,  educational,  charitable, or community facility floor area shall
    11  not be counted toward such thirty-five percent  in  the  case  that  the
    12  residential  building  is  an  addition or an enlargement of an existing
    13  building.
    14    (f) "Affordable unit" shall  mean  a  housing  unit  affordable  to  a
    15  specific  percentage  of  the  applicable area median income, as defined
    16  annually by the U.S. Department of Housing and Urban  Development.  Such
    17  units may either be homeownership or rental units.
    18    (g) "Affordability percentage" shall mean the percentage of a residen-
    19  tial  building's gross floor area required to be set aside as affordable
    20  housing.
    21    (h) "Affordable floor area" shall mean the  amount  of  a  residential
    22  building's floor area to be set aside for affordable units.
    23    2.  Notwithstanding the provisions of any local law, ordinance, resol-
    24  ution or regulation, each  village,  town,  and  city  shall  allow  the
    25  construction and occupation of residential buildings on any covered site
    26  up  to  the  specified  densities  provided  in  this  subdivision. Each
    27  village, town, and city shall allow such construction and occupation  on
    28  an  as-of-right,  ministerial  basis,  without  site  plan review. Addi-
    29  tionally, this section shall not reduce or disallow  development  rights
    30  or options provided under local zoning laws.
    31    (a)  On  any covered site located within a village, town, or city with
    32  fewer than fifty thousand inhabitants, residential  buildings  shall  be
    33  allowed  up to a height of thirty-five feet or the height of the tallest
    34  existing building on the covered site, whichever is taller, and up to  a
    35  density of thirty residential units per acre or such proportion thereof.
    36    (b)  On  any  covered site located within a village, town or city with
    37  fifty thousand or more inhabitants but fewer than one  million  inhabit-
    38  ants,  residential  buildings  shall be allowed up to a height of fifty-
    39  five feet or the height of the tallest existing building on the  covered
    40  site,  whichever  is  taller,  and  up to a density of fifty residential
    41  units per acre, provided, however, that if the covered site  is  located
    42  in  a  city  with  fifty thousand or more inhabitants but fewer than one
    43  million inhabitants and within eight hundred feet of a  zoning  district
    44  that  permits  a height or density for residential use greater than what
    45  is otherwise provided for in this paragraph, then such city shall  allow
    46  residential  buildings  on the covered site up to the maximum height and
    47  density permitted in such zoning district,  or  allow  such  residential
    48  buildings  to utilize any other optional rules or regulations regulating
    49  residential bulk and height in such zoning district,  provided,  however
    50  the  residential  building shall not have to comply with any other regu-
    51  lations provided for in such zoning district other than bulk and  height
    52  regulations.
    53    (c) On any covered site located within a city with one million or more
    54  inhabitants,  residential  buildings  shall be allowed up to a height of
    55  fifty-five feet or the height of the tallest existing  building  on  the
    56  covered  site,  whichever is taller, and a density of a floor area ratio

        A. 8386                             3
 
     1  of 2.2 square  feet,  as  defined  by  such  city's  zoning  ordinances,
     2  provided,  however,  that  if  the  covered site is located within eight
     3  hundred feet of a zoning district that permits a height or  density  for
     4  residential  use  greater  than  what  is otherwise provided for in this
     5  paragraph, then the  city  shall  allow  residential  buildings  on  the
     6  covered  site  up  to  the  maximum height and density permitted in such
     7  zoning district, or allow such  residential  buildings  to  utilize  any
     8  other  optional  rules  or  regulations  regulating residential bulk and
     9  height in such zoning district, provided, however the residential build-
    10  ing shall not have to comply with any other regulations provided for  in
    11  such zoning district other than bulk and height regulations.
    12    3.  If  a religious corporation disposes of land via sale or lease for
    13  development of a residential building pursuant to this section, an offi-
    14  cer or key person, as defined in section one hundred two of the not-for-
    15  profit corporation law,  of  such  religious  corporation  who  will  be
    16  involved  in  such  sale or lease on behalf of the religious corporation
    17  must have attended and received a certificate of completion of a  train-
    18  ing  course  on  real  estate  development  and affordable housing. Such
    19  training course must include content regarding the development  process,
    20  timeline  and  funding  sources for affordable and mixed-income housing,
    21  the types and selection of  vendors  and  consultants  related  to  such
    22  development,  a  review  of  the statutory requirements for such sale or
    23  lease by a religious corporation and other information relevant to hous-
    24  ing development as determined by the commissioner. Pursuant to the proc-
    25  ess required by section twelve of the religious corporations law  and/or
    26  section  five  hundred  ten  of  the  not-for-profit corporation law, as
    27  applicable, the religious corporation shall submit to the  court  or  to
    28  the  attorney  general a copy of such certificate of completion for such
    29  training as a condition of a sale or lease of land for housing  develop-
    30  ment  pursuant  to  this  section. Such training may be conducted by any
    31  governmental entity, religious corporation, or nonprofit, or any  number
    32  or combination of the foregoing, approved by the commissioner.
    33    4.  For  buildings  constructed  pursuant  to this section, a village,
    34  town, or city may regulate the following,  provided  the  regulation  is
    35  reasonable and applied equally to all residential developments and shall
    36  not impede the full development of the floor area and height provided in
    37  subdivision two of this section:
    38    (a)  the  construction of sidewalks up to five feet in width and up to
    39  five feet of street lawn or road verge along the parcel's  street  fron-
    40  tage,  including up to one street tree per twenty-five feet of frontage,
    41  with  standards  to  conform  to   the   standard   specifications   for
    42  construction  and materials promulgated by the department of transporta-
    43  tion;
    44    (b) up to twenty feet of rear yard and up to ten feet of side yards at
    45  the boundaries of the covered site; and
    46    (c) appropriate placement of curb cuts for accessory parking or  load-
    47  ing  that  ensure public safety while also allowing reasonable access to
    48  the parcel and the residential building.
    49    5. For residential buildings constructed pursuant to this  section,  a
    50  village,  town,  or  city shall not require any development standards or
    51  conditions of approval, other than state law, building, and fire  codes,
    52  or  in  the  case  of a city with one million or more inhabitants, local
    53  fire and building codes. No village, town, or  city  shall  require  the
    54  following and any such requirements shall be void:
    55    (a) the provision of accessory off-street parking;
    56    (b) minimum, maximum, or average unit sizes;

        A. 8386                             4
 
     1    (c)  the  regulation of the number of allowable housing units based on
     2  lot size or any other criteria, other than the densities  prescribed  in
     3  subdivision two of this section;
     4    (d) the prioritization of housing units to residents of certain neigh-
     5  borhoods or jurisdictions;
     6    (e) the prioritization of housing units for any age group;
     7    (f)  the  imposition  of  any  mandatory affordability requirements or
     8  minimum income or asset standards other than what is otherwise  provided
     9  for in subdivision six of this section;
    10    (g) minimum purchase price for any homeownership units;
    11    (h) the adherence to any local building or fire code beyond the stand-
    12  ards  specified by the New York State Uniform Fire Prevention and Build-
    13  ing Code Act, except in a city with one million or more inhabitants; and
    14    (i) any other requirement that is determined by a court,  pursuant  to
    15  proceedings  brought  under  subdivision nine of this section, to impede
    16  the full development of permissible residential buildings on  a  covered
    17  site.
    18    6.  (a)  Notwithstanding  the  provisions of any local law, ordinance,
    19  resolution or regulation, the building  department  shall  ministerially
    20  and without discretionary review or a hearing approve an application for
    21  a  building permit within sixty days of receipt of an application pursu-
    22  ant to this section.
    23    (b) A village, town, or city shall not impose any  substantial  burden
    24  on  buildings constructed pursuant to this section, as compared with new
    25  single-family residential buildings, including the provision of  munici-
    26  pal services and utility access.
    27    (c)  Nothing in this section shall be construed to restrict the use or
    28  size of buildings permitted by local laws, regulations, or resolutions.
    29    (d) The approval by the  building  department  shall  only  take  into
    30  consideration  conformance  with  this section and applicable state laws
    31  and state building, fire, and energy codes. No other local law,  policy,
    32  regulation, or resolution shall be the basis for the denial of a permit,
    33  except  in a city of one million or more inhabitants, where adherence to
    34  local building and fire codes may be required.
    35    (e) No payment greater than one quarter  dollar  per  square  foot  of
    36  floor  area  shall  be  required in total for building and other permits
    37  issued  for  residential  developments  constructed  pursuant  to   this
    38  section.   A town, village, or city shall not charge impact fees, recre-
    39  ation fees, or any other fees beyond the amount provided in  this  para-
    40  graph.
    41    (f)  Notwithstanding  article  eight of the environmental conservation
    42  law and its implementing regulations, no review or study of the environ-
    43  mental impact of the  residential  building  shall  be  required  if  it
    44  conforms  to  the  provisions  of  this  section, provided the following
    45  studies and certifications are completed and submitted to  the  building
    46  department  and any state or local agencies as designated by the commis-
    47  sioner: a Phase I Environmental Site Assessment (ESA)  pursuant  to  the
    48  federal Comprehensive Environmental Response, Compensation and Liability
    49  Act  (42  U.S.C.  Chapter  103);  soil and water testing consistent with
    50  standards promulgated by the commissioner of environmental conservation;
    51  and a certification from a qualified environmental  professional,  where
    52  such  term shall be defined by the commissioner of environmental conser-
    53  vation pursuant to regulation, that such action, as proposed,  will  not
    54  violate  any  state  wetland  laws  or drinking water laws under article
    55  eleven of the public health law, or any rules or regulations promulgated
    56  thereto.

        A. 8386                             5
 
     1    (g) For the purposes of  fees  and  building  permits,  for  buildings
     2  constructed pursuant to this section, a village, town, or city shall not
     3  discriminate  between rental units and condominium or cooperative units.
     4  No permit or additional fee shall be required as a condition for use  as
     5  a rental apartment building.
     6    7.  (a) All residential buildings constructed pursuant to this section
     7  in a town, village, or city with  fewer  than  one  million  inhabitants
     8  shall  set aside twenty percent of the residential floor area for house-
     9  holds earning an average of eighty percent of the area median income. In
    10  a city with one million or  more  inhabitants,  a  residential  building
    11  shall  provide affordable housing by complying with one of the following
    12  options:
    13    (i) the residential building shall set aside  twenty-five  percent  of
    14  its  residential  floor  area for households earning an average of sixty
    15  percent of the area median  income  provided  that  a  minimum  of  five
    16  percent  of  units  are affordable to households at forty percent of the
    17  area median income;
    18    (ii) the residential building shall set aside thirty  percent  of  its
    19  residential  floor  area  for  households  earning  an average of eighty
    20  percent of the area median income; or
    21    (iii) the residential building shall set aside twenty percent  of  its
    22  residential  floor  area  for  households  earning  an  average of forty
    23  percent of the area median income.
    24    (b) The amount of affordable floor area shall be calculated by  multi-
    25  plying  gross residential floor area by the percentage of the floor area
    26  that must be affordable pursuant to this paragraph. The resulting  floor
    27  area  must be devoted to affordable housing, less the applicable propor-
    28  tion of the building  devoted  to  residential  circulation  and  common
    29  space,  not  to exceed twenty-five percent of the affordable floor area.
    30  The number of required  affordable  units  shall  be  the  affordability
    31  percentage  multiplied  by  the total number of residential units in the
    32  development, with the product rounded to the nearest  whole  number.  To
    33  achieve  the affordability levels specified in this paragraph, buildings
    34  may contain units affordable to a variety of incomes, provided  that  on
    35  average the affordability levels meet the requirements of this paragraph
    36  and  no  affordable unit shall be rented to any household with an income
    37  greater than one hundred percent of the area median income.
    38    (c) A property containing any  affordable  units  must  be  restricted
    39  using  a  mechanism  such as a declaration of restrictive covenants or a
    40  regulatory agreement with a local or state agency that shall ensure that
    41  the affordable units shall remain subject to affordable regulations  for
    42  the  life of the building. Such covenants shall require that the unit be
    43  the primary residence of the household selected to occupy the unit. Upon
    44  approval, such declaration or regulatory  agreement  shall  be  recorded
    45  against  the  property containing the affordable unit prior to the issu-
    46  ance of a certificate of occupancy for the development.
    47    (d) The affordable units  shall  be  physically  integrated  into  the
    48  design  of  the development and shall be distributed among various sizes
    49  (efficiency, one-, two-, three- and  four-bedroom  units)  in  the  same
    50  proportion  as  all  other  units  in the development. The minimum gross
    51  floor area per affordable unit shall not be less than ninety percent  of
    52  the  average  floor  area  of non-restricted housing units of equivalent
    53  size (efficiency, one-, two-, three-  and  four-bedroom  units)  in  the
    54  development. Affordable units shall be distributed evenly among floors.
    55    (e) The affordable units shall not be distinguishable from other units
    56  from   the   outside   or  building  exteriors.  Interior  finishes  and

        A. 8386                             6
 
     1  furnishings shall be indistinguishable  from  the  other  units  in  the
     2  building.    Affordable  units  shall  not  have  a separate entrance or
     3  differing access to common amenities. Buildings constructed pursuant  to
     4  this  section  may  not  charge residents of affordable units additional
     5  fees for access to common amenities, if such  charges  would  mean  that
     6  total  housing  costs  for such units would exceed thirty percent of the
     7  specified percentage of the area median income.
     8    (f) For affordable homeownership units, the  title  to  said  property
     9  shall be restricted so that in the event of any resale by the home buyer
    10  or any successor, the resale price shall not exceed an amount affordable
    11  to a household at the specified percentage of the area median income.
    12    8.  Nothing  in  this section shall be interpreted to override the New
    13  York State Uniform Fire Prevention and Building Code Act, the Freshwater
    14  Wetlands Act, the public  health  law,  or  regulations  promulgated  in
    15  accordance with any such act or law, nor require the alteration or demo-
    16  lition  of  buildings  designated as historical sites or landmarks as of
    17  the effective date of this  section  pursuant  to  the  New  York  State
    18  Historic  Preservation Act of 1980, as amended, or the National Historic
    19  Preservation Act of 1966, as amended, or the New York City Landmarks Law
    20  of 1965, as amended.
    21    9. (a) Upon a failure of a local government  to  timely  act  upon  an
    22  application  to  construct  or occupy residences in accordance with this
    23  section, or denial of such application in violation of this section, any
    24  party aggrieved by any such failure or denial  may  commence  a  special
    25  proceeding against the subject local government and the officer pursuant
    26  to  article  seventy-eight  of  the civil practice law and rules, in the
    27  supreme court within the judicial district in which the local government
    28  or the greater portion of the territory is located, to compel compliance
    29  with the provisions of this section.
    30    (b) If, upon commencement of such proceeding, it shall appear  to  the
    31  court  that  testimony  is  necessary  for the proper disposition of the
    32  matter, the court may take evidence and determine the matter.   Alterna-
    33  tively,  the  court  may  appoint  a hearing officer pursuant to article
    34  forty-three of the civil practice law and rules to take such evidence as
    35  it may direct and report the same to the court with  the  hearing  offi-
    36  cer's  findings of fact and conclusions of law, which shall constitute a
    37  part of the proceedings upon which the determination of the court  shall
    38  be made. The court may reverse or affirm, wholly or partly, or may modi-
    39  fy any decision brought to the court for review.
    40    (c)  Attorneys'  fees  and  costs  shall  be allowed against the local
    41  government whose failure or refusal gave rise to the special  proceeding
    42  in  cases  in  which the denial of building permits is overturned by the
    43  court.
    44    10.  Notwithstanding  the  provisions  of  subdivision  five  of  this
    45  section,  a  city,  state,  or  federal  housing agency may regulate the
    46  design, construction, occupancy, marketing, and  leasing  of  affordable
    47  housing developed pursuant to this section when such agency is subsidiz-
    48  ing  the  operations,  development,  or  preservation of the housing and
    49  entering into a regulatory agreement with the owner thereof.
    50    11. The division of housing and community renewal, the attorney gener-
    51  al, and the department of  environmental  conservation  shall  have  the
    52  authority to promulgate any rules and regulations necessary to implement
    53  the  provisions  of this section. No later than one year from the effec-
    54  tive date of this section, the division of housing and community renewal
    55  shall promulgate rules and regulations including but not limited to  the
    56  following:

        A. 8386                             7
 
     1    (a)  the  percentage  of  a  household's income that may be devoted to
     2  housing costs when initially occupying  an  affordable  unit  and  which
     3  expenses shall be included in the calculation of housing costs;
     4    (b) occupancy standards for affordable units;
     5    (c)  enforcement  mechanisms  to  ensure  permanent  affordability  of
     6  affordable units developed pursuant to this section;
     7    (d) marketing standards for affordable units constructed  pursuant  to
     8  this section, however, notwithstanding the provisions of this section, a
     9  city  of  one million of more inhabitants may regulate the marketing and
    10  leasing of such affordable units according  to  the  standard  marketing
    11  guidelines promulgated by such city's department of housing preservation
    12  and development; and
    13    (e)  the  content  of  training that must be received by the religious
    14  corporation as a condition of the sale or lease of land for the develop-
    15  ment of a residential building pursuant to this section.
    16    12. The division of housing and community renewal shall provide  tech-
    17  nical assistance to municipal governments to aid in the adherence to the
    18  provisions  of  this  section and with the applicable revisions to local
    19  land use regulations and plans.
    20    § 3. This act shall take effect immediately.
Go to top