S T A T E O F N E W Y O R K
________________________________________________________________________
5888
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. V. LOPEZ, WEISENBERG, LATIMER -- Multi-Sponsored
by -- M. of A. BRENNAN -- read once and referred to the Committee on
Housing
AN ACT to amend the private housing finance law, in relation to enacting
the affordable rental housing siting act and providing for the repeal
of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The private housing finance law is amended by adding a new
article 14 to read as follows:
ARTICLE 14
AFFORDABLE RENTAL HOUSING
SITING
SECTION 680. SHORT TITLE.
681. DEFINITIONS.
682. AFFORDABLE RENTAL HOUSING LAND USE APPEALS.
S 680. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "AFFORDABLE RENTAL HOUSING SITING ACT".
S 681. DEFINITIONS. THE FOLLOWING TERMS, WHENEVER USED OR REFERRED TO
IN THIS ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS A DIFFERENT
MEANING CLEARLY APPEARS FROM THE CONTEXT.
1. "AFFORDABLE DWELLING UNIT." A HOUSING UNIT, THE COST (RENTS OR
OWNER'S PRINCIPAL, INTEREST, REAL ESTATE TAXES AND INSURANCE) OF WHICH
IS PROHIBITED BY COVENANTS OR PROGRAMMATIC REQUIREMENTS FROM EXCEEDING
THIRTY PERCENT OF THE GROSS FAMILY INCOME OF PERSONS AND FAMILIES WHOSE
INCOME IS EQUAL TO OR LESS THAN EIGHTY PERCENT OF THE AREA MEDIAN INCOME
AS DETERMINED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, ADJUSTED ONLY FOR FAMILY SIZE.
2. "AFFORDABLE RENTAL HOUSING DEVELOPMENT." A PROPOSED MULTI-FAMILY
RENTAL HOUSING DEVELOPMENT (A) THAT IS ASSISTED OR (B) IN WHICH DEED
COVENANTS OR RESTRICTIONS REQUIRE NOT LESS THAN TWENTY PERCENT OF THE
DWELLING UNITS TO BE RENTED AT OR BELOW PRICES WHICH WILL PRESERVE THE
UNITS AS AFFORDABLE RENTAL HOUSING FOR A PERIOD OF AT LEAST THIRTY YEARS
FROM THE DATE OF INITIAL OCCUPANCY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08875-01-9
A. 5888 2
3. "AFFORDABLE RENTAL HOUSING APPLICATION." AN APPLICATION FOR THE
DEVELOPMENT OR CONSTRUCTION OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT
MADE TO A MUNICIPAL PLANNING OR ZONING BOARD OR COMMISSION, OR LEGISLA-
TIVE BODY.
4. "ASSISTED RENTAL HOUSING." RENTAL HOUSING WHICH IS RECEIVING OR
WILL RECEIVE FINANCIAL ASSISTANCE UNDER ANY GOVERNMENTAL PROGRAM FOR THE
CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF AFFORDABLE HOUSING, OR
PROJECT-BASED RENTAL ASSISTANCE UNDER SECTION 8 OF THE UNITED STATES
HOUSING ACT OF 1937, AS AMENDED.
5. "MUNICIPALITY." ANY COUNTY, CITY, TOWN OR VILLAGE WITH A POPULATION
GREATER THAN SEVEN THOUSAND FIVE HUNDRED AS DETERMINED BY THE MOST
RECENT DECENNIAL FEDERAL CENSUS.
S 682. AFFORDABLE RENTAL HOUSING LAND USE APPEALS. 1. NOTWITHSTANDING
ANY CONTRARY PROVISION OF THE GENERAL CITY LAW, THE VILLAGE LAW OR THE
TOWN LAW, ANY PERSON OR ENTITY WHOSE AFFORDABLE RENTAL HOUSING APPLICA-
TION IS DENIED OR IS APPROVED WITH RESTRICTIONS THAT WOULD HAVE A
SUBSTANTIAL ADVERSE IMPACT ON THE ECONOMIC VIABILITY OF THE PROPOSED
AFFORDABLE RENTAL HOUSING DEVELOPMENT MAY APPLY TO THE SUPREME COURT IN
THE COUNTY WHERE THE PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION IS
LOCATED FOR RELIEF BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES. EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, PROCEEDINGS INVOLVING AN AFFORDABLE RENTAL HOUSING APPLICATION
SHALL PROCEED IN CONFORMANCE WITH THE PROVISIONS OF THE CIVIL PRACTICE
LAW AND RULES, INCLUDING THE TRIAL PREFERENCE PROVISIONS OF RULE THIR-
TY-FOUR HUNDRED THREE THEREOF.
2. IN A PROCEEDING UNDER THIS SECTION THE BURDEN SHALL BE ON THE
MUNICIPAL BOARD, COMMISSION OR LEGISLATIVE BODY TO PROVE, BASED ON THE
EVIDENCE IN THE RECORD COMPILED BEFORE SUCH BODY, THAT (A) THE DECISION
OF SUCH BODY TO DENY APPROVAL OF AN AFFORDABLE RENTAL HOUSING APPLICA-
TION AND THE REASONS, IF ANY, CITED FOR SUCH DECISION ARE SUPPORTED BY A
PREPONDERANCE OF THE EVIDENCE IN THE RECORD; (B) THE DECISION IS NECES-
SARY TO PROTECT SUBSTANTIAL PUBLIC INTERESTS IN HEALTH, SAFETY, THE
ENVIRONMENT OR OTHER MATTERS WHICH THE BODY MAY LEGALLY CONSIDER; (C)
SUCH PUBLIC INTERESTS OUTWEIGH THE NEED FOR AFFORDABLE RENTAL HOUSING;
AND (D) SUCH PUBLIC INTERESTS CANNOT BE PROTECTED BY REASONABLE CHANGES
TO THE AFFORDABLE RENTAL HOUSING DEVELOPMENT.
3. IF THE MUNICIPAL BODY SHALL FAIL TO MEET ITS BURDEN OF PROOF BY
FAILING TO RATIONALLY MAKE THE REQUIRED DETERMINATIONS OR BY MAKING SUCH
DETERMINATIONS IN AN ARBITRARY AND CAPRICIOUS FASHION, THE COURT SHALL
WHOLLY OR PARTLY REVISE, MODIFY, REMAND OR REVERSE THE DECISION OF SUCH
BODY IN A MANNER CONSISTENT WITH THE INTENT OF THIS ARTICLE AND THE
RECORD BEFORE IT.
4. THE PROVISION OF THIS SECTION SHALL NOT BE APPLICABLE IF THE REAL
PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION IS LOCATED IN A MUNICI-
PALITY HAVING A POPULATION IN EXCESS OF ONE MILLION OR IN WHICH AT LEAST
TEN PERCENT OR MORE OF ALL DWELLING UNITS ARE AFFORDABLE OR FIVE PERCENT
OR MORE OF ALL RENTAL DWELLING UNITS ARE VACANT ACCORDING TO (A) THE
MOST RECENT PREVIOUS UNITED STATES CENSUS; OR (B) A SURVEY MEETING
ACCEPTED PROFESSIONAL STANDARDS AND PERFORMED BY A PUBLIC AGENCY NOT
LONGER THAN FIVE YEARS BEFORE, NOR LATER THAN THE DATE OF FILING OF THE
AFFORDABLE RENTAL HOUSING DEVELOPMENT APPLICATION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed Janu-
ary 1, 2023; provided however that this act shall remain operative and
continue in full force and effect with regard to any applications made
to a municipality pursuant to this act prior to the repeal of such act.