NY State Senate Bill 2009-S3067

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Mar 24, 2009	print number 3067a
Mar 24, 2009	amend and recommit to housing, construction and community development
Mar 10, 2009	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2009-S3067 - Details

Current Committee:: Senate Housing, Construction And Community Development

2009-S3067 - Summary

Enacts the affordable rental housing siting act; establishes an appeal procedure for the denial of affordable rental housing applications; requires the denying municipality to prove, by a preponderance of the evidence in the record, that the denial of the application to build affordable rental housing was (a) necessary to protect public interests in health, safety, or environment, (b) those public interests outweigh the need for affordable rental housing, and (c) such interests cannot be protected by reasonable changes to the affordable rental housing development plan.

2009-S3067 - Sponsor Memo

                                 BILL NUMBER:  S3067

 TITLE OF BILL :
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


 PURPOSE :
To ensure that proposed affordable housing development are judged by a
set of standards and ensure that those standards are equally applied
when development decisions are made.

 SUMMARY OF PROVISIONS :
Creates a new Article 14 of the Private housing finance law to
provide:
1. Short Title: Affordable Rental Housing Siting Act;
2. Definitions;
3. Require that if an application for the construction of affordable
rental housing is denied in a municipality whose population is at
least 7,500 but not greater than 1 million, the denying locality shall
be required to demonstrate that such denial protects the public
interests in health, safety. environmental concerns, and such other
matters as shall be in the public interest and that the development
cannot be modified by reasonable changes to address those concerns;
4. These requirements only apply when the locality in question has at

least ten percent or five percent or more of all rental dwelling units
vacant.

 JUSTIFICATION :
Lack of affordable housing is a significant problem in many parts of
this State.  Unfortunately, there is a stigma in many areas that
affordable housing will bring with it various problems. That stigma
has resulted in opposition to the development of affordable housing in
many areas.  The Courts have consistently said that unfounded
opposition is not enough to deny otherwise legal housing developments.
However, the cost and expense of litigating often makes such efforts
to appeal denials prohibitive.  This legislation is intended to
continue the right of localities to deny inappropriately sited
affordable housing developments but also to ensure that when a denial
is made. such denial is made based on objective health. safety, and
environmental factors.

 LEGISLATIVE HISTORY :
A7009 of the 2007/08 Legislative Session
A7425A of the 2005/06 Legislative Session

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after it shall have become a law and be deemed repealed
January 1, 2020; 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.

2009-S3067 - Bill Text download pdf

co-Sponsors

2009-S3067A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development

2009-S3067A (ACTIVE) - Summary

2009-S3067A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3067A

 TITLE OF BILL :
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


 PURPOSE :
To ensure that proposed affordable housing development are judged by a
set of standards and ensure that those standards are equally applied
when development decisions are made.

 SUMMARY OF PROVISIONS :
Creates a new Article 14 of the Private housing finance law to provide
1. Short Title: Affordable Rental Housing Siting Act;
2. Definitions;
3. Require that if an application for the construction of affordable
rental housing is denied in a municipality whose population is at
least 7,500 but not greater than 1 million, the denying locality shall
be required to demonstrate that such denial protects the public
interests in health, safety. environmental concerns, and such other
matters as shall be in the public interest and that the development
cannot be modified by reasonable changes to address those concerns; 4.
These requirements only apply when the locality in question has at
least ten percent or five percent or more of all rental dwelling units

vacant.

 JUSTIFICATION :
Lack of affordable housing is a significant problem in many parts of
this State. Unfortunately, there is a stigma in many areas that
affordable housing will bring with it various problems. That stigma
has resulted in opposition to the development of affordable housing in
man areas. The Courts have consistently said that unfounded opposition
is not enough to deny otherwise legal housing developments. However,
the cost and expense of litigating often makes such efforts to appeal
denials prohibitive. This legislation is intended to continue the rig
of localities to deny inappropriately sited affordable housing
developments but also to ensure that when a denial is made. such
denial is made.  Such denial is based on objective health, safety, and
environmental factors.

 LEGISLATIVE HISTORY :
A7009 of the 2007/08 Legislative Session
A7425A of the 2005/06 Legislative Session

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
180 days after it shall have become a law and be deemed repealed
January 1, 2020; 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.

2009-S3067A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3067--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and Community  Development  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 RENTS OF WHICH ARE
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.
                                                           LBD08875-03-9

S. 3067--A                          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.

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Senate Bill S3067

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

Bill Amendments

2009-S3067 - Details

2009-S3067 - Summary

2009-S3067 - Sponsor Memo

2009-S3067 - Bill Text download pdf

co-Sponsors

2009-S3067A (ACTIVE) - Details

2009-S3067A (ACTIVE) - Summary

2009-S3067A (ACTIVE) - Sponsor Memo

2009-S3067A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

Bill Amendments

2009-S3067 - Details

2009-S3067 - Summary

2009-S3067 - Sponsor Memo

2009-S3067 - Bill Text download pdf

co-Sponsors

Ruben Diaz

Liz Krueger

John L. Sampson

2009-S3067A (ACTIVE) - Details

2009-S3067A (ACTIVE) - Summary

2009-S3067A (ACTIVE) - Sponsor Memo

2009-S3067A (ACTIVE) - Bill Text download pdf

Comments