S T A T E O F N E W Y O R K
________________________________________________________________________
4072
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. THIELE, WALKER, ALFANO, BARRA -- read once and
referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to provid-
ing state assistance to municipalities which provide affordable work-
force housing, and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that it
is the public policy of the state of New York to foster the goal of home
ownership and the provision of affordable workforce housing in the
state. It is further found by this legislature that municipalities have
a responsibility to assist in providing a fair share of the regional
need for affordable housing. Furthermore, each municipality has the
responsibility to establish a comprehensive land use plan that provides
balanced and diverse housing options for all segments of the community.
This act would provide an incentive of state financial assistance for
municipalities which establish a comprehensive land use plan and zoning
local laws or ordinances which require the provision of affordable work-
force housing as a condition of approval for site plans, subdivisions or
other land use approvals for residential or mixed use development
proposals with five or more residential units. The state assistance
would be based upon the number of affordable workforce housing units
actually produced.
Municipalities may also provide a density bonus as part of their
comprehensive land use plans and zoning local laws or ordinances to
promote the economic feasibility of providing affordable workforce hous-
ing.
S 2. The private housing finance law is amended by adding a new arti-
cle 23 to read as follows:
ARTICLE XXIII
AFFORDABLE WORKFORCE HOUSING INCENTIVE PROGRAM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03987-01-9
A. 4072 2
SECTION 1160. DEFINITIONS.
1161. AFFORDABLE WORKFORCE HOUSING INCENTIVE AGREEMENTS.
1162. GENERAL PROVISIONS.
S 1160. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS: 1. "AFFORDABLE WORKFORCE HOUSING"
MEANS HOUSING FOR INDIVIDUALS OR FAMILIES AT OR BELOW EIGHTY PERCENT OF
THE MEDIAN INCOME IN THE MUNICIPALITY AS PROVIDED BY THE MOST RECENT
INFORMATION FROM THE UNITED STATES CENSUS BUREAU.
2. "DIVISION" MEANS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
3. "MUNICIPALITY" MEANS A CITY, TOWN, OR VILLAGE.
4. "DENSITY BONUS" MEANS A DENSITY INCREASE OF TEN PERCENT OR MORE
OVER THE OTHERWISE PERMITTED MAXIMUM ALLOWABLE RESIDENTIAL DENSITY.
5. "STATE FINANCIAL ASSISTANCE" MEANS PAYMENTS TO A MUNICIPALITY TO
PRODUCE AFFORDABLE WORKFORCE HOUSING UNITS WHICH SHALL BE USED TO REDUCE
THE COST OF SUCH UNITS FOR ELIGIBLE INDIVIDUALS OR FAMILIES.
S 1161. AFFORDABLE WORKFORCE HOUSING INCENTIVE AGREEMENTS. 1. WITHIN
THE LIMITS OF FUNDS AVAILABLE, THE DIVISION IS HEREBY AUTHORIZED TO
ENTER INTO CONTRACTS WITH MUNICIPALITIES TO PROVIDE STATE FINANCIAL
ASSISTANCE FOR ACTIVITIES TO BE CARRIED OUT PURSUANT TO THIS ARTICLE.
THE DIVISION SHALL PROVIDE SUCH STATE FINANCIAL ASSISTANCE IN THE FORM
OF GRANTS IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
EACH UNIT OF AFFORDABLE WORKFORCE HOUSING PRODUCED. NO MORE THAN TWEN-
TY-FIVE PERCENT OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTI-
CLE SHALL BE ALLOCATED TO CONTRACTS WITH ANY SINGLE MUNICIPALITY.
2. THE DIVISION SHALL NOT ENTER INTO A CONTRACT UNDER THIS ARTICLE
EXCEPT WITH A MUNICIPALITY WHICH HAS SUBMITTED AN APPLICATION PURSUANT
TO A REQUEST FOR PROPOSALS ISSUED BY THE DIVISION WHICH APPLICATION
CONTAINS A PLAN ACCEPTABLE TO THE DIVISION WHICH PROVIDES THAT:
(A) THE MUNICIPALITY SHALL AMEND ITS ZONING LOCAL LAW OR ORDINANCE TO
REQUIRE THE PROVISION OF AFFORDABLE WORKFORCE HOUSING ON THE PROPERTY
FOR WHICH AN AGREEMENT IS SOUGHT EQUAL TO AT LEAST TEN PERCENT OF THE
MAXIMUM ALLOWABLE DENSITY PERMITTED ON THE PROPERTY WITHOUT A DENSITY
BONUS.
(B) WHERE A DENSITY BONUS IS INCLUDED AS PART OF THE DEVELOPMENT
PROPOSAL THAT AT LEAST ONE-HALF OF THE DENSITY BONUS SHALL BE FOR
AFFORDABLE WORKFORCE HOUSING UNITS.
(C) THE STATE FINANCIAL ASSISTANCE PROVIDED FOR HEREIN SHALL BE USED
FOR THE PROVISION OF GRANTS TO ELIGIBLE INDIVIDUALS OR FAMILIES FOR THE
PURCHASE OF AN AFFORDABLE WORKFORCE HOUSING UNIT.
(D) SAID AFFORDABLE WORKFORCE HOUSING SHALL REMAIN AFFORDABLE IN
PERPETUITY.
S 1162. GENERAL PROVISIONS. 1. THE DIVISION SHALL ISSUE AND PROMULGATE
RULES AND REGULATIONS FOR THE ADMINISTRATION OF THIS ARTICLE.
2. THE DIVISION SHALL PROVIDE TECHNICAL ASSISTANCE TO MUNICIPALITIES
THAT ARE DRAFTING LOCAL LAWS AND ORDINANCES TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE.
S 2. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated out of any moneys in the
state treasury in the general fund to the credit of the state purposes
account not otherwise appropriated, and made immediately available to
the commissioner of housing and community renewal for expenses in carry-
ing out the provisions of this act. Such moneys shall be payable on the
audit and warrant of the comptroller on vouchers certified or approved
in the manner prescribed by law.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
A. 4072 3
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the timely implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.