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

                                  3874

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. WALKER, ALFANO, McKEVITT, McDONOUGH, RAIA, SALA-
  DINO -- Multi-Sponsored by -- M. of A. BARRA, CONTE,  THIELE  --  read
  once and referred to the Committee on Governmental Operations

AN  ACT  to amend the state administrative procedure act, in relation to
  requiring housing affordability impact notes in  relation  to  certain
  rules

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state administrative procedure act is amended by adding
a new section 202-f to read as follows:
  S 202-F. HOUSING AFFORDABILITY IMPACT  NOTES.  1.    EVERY  RULE,  THE
PURPOSE  OR  EFFECT  OF  WHICH  IS  TO  INCREASE OR DECREASE THE COST OF
CONSTRUCTING, PURCHASING, OWNING OR SELLING A SINGLE  FAMILY  RESIDENCE,
EITHER  DIRECTLY OR INDIRECTLY, SHALL BE ACCOMPANIED BY A BRIEF EXPLANA-
TORY STATEMENT OR NOTE THAT SHALL INCLUDE A  RELIABLE  ESTIMATE  OF  THE
ANTICIPATED  IMPACT  ON SUCH HOUSING. THESE STATEMENTS OR NOTES SHALL BE
KNOWN AS HOUSING AFFORDABILITY IMPACT NOTES.
  2. EVERY STATE AGENCY, EXCLUDING THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL, THE NEW YORK STATE HOUSING FINANCE AGENCY, AND THE STATE OF NEW
YORK MORTGAGE AGENCY, PROPOSING THE ADOPTION, REPEAL OR AMENDMENT OF ANY
RULE TO WHICH SUBDIVISION ONE OF THIS SECTION APPLIES, SHALL  PRESENT  A
COPY  OF  THE  PROPOSAL,  WITH  THE  REQUEST FOR A HOUSING AFFORDABILITY
IMPACT NOTE TO THE NEW YORK STATE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL. THE HOUSING AFFORDABILITY IMPACT NOTES SHALL BE PREPARED BY THE
DIVISION  AND  SUBMITTED  TO  THE  AGENCY PROPOSING THE RULE WITHIN FIVE
CALENDAR DAYS, EXCEPT WHERE, BECAUSE OF THE COMPLEXITY OF  THE  MEASURE,
ADDITIONAL  TIME IS REQUIRED FOR THE PREPARATION OF THE HOUSING AFFORDA-
BILITY IMPACT NOTE. IN SUCH CASE, THE DIVISION MAY INFORM THE AGENCY AND
THE AGENCY MAY APPROVE AN EXTENSION OF THE TIME WITHIN WHICH THE NOTE IS
TO BE SUBMITTED, NOT TO EXCEED, HOWEVER, MORE THAN THIRTY DAYS FOLLOWING
THE DATE OF THE REQUEST. THE DIVISION MAY SEEK ASSISTANCE FROM A  STATE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01604-01-9
              

A. 3874                             2

WIDE  TRADE  ORGANIZATION  REPRESENTING THE REAL ESTATE OR HOME BUILDING
INDUSTRY IN THE PREPARATION OF A HOUSING AFFORDABILITY IMPACT NOTE.  IF,
IN  THE  OPINION  OF  THE DIVISION, THERE IS INSUFFICIENT INFORMATION TO
PREPARE  A  RELIABLE  ESTIMATE OF THE ANTICIPATED IMPACT, A STATEMENT TO
THAT EFFECT CAN BE  FILED  AND  SHALL  MEET  THE  REQUIREMENTS  OF  THIS
SECTION.
  3. THE NOTE SHALL BE FACTUAL IN NATURE, AS BRIEF AND CONCISE AS POSSI-
BLE,  AND  SHALL  PROVIDE A REASONABLE ESTIMATE IN DOLLARS OF THE RULE'S
HOUSING IMPACT. IN ADDITION, IT SHALL INCLUDE BOTH THE IMMEDIATE  EFFECT
AND,  IF  DETERMINABLE OR REASONABLY FORESEEABLE, THE LONG RANGE EFFECTS
OF THE MEASURE. A HOUSING AFFORDABILITY IMPACT NOTE SHALL BE PREPARED ON
THE BASIS OF A SINGLE FAMILY RESIDENCE AND MAY INCLUDE AN ESTIMATE FOR A
LARGER DEVELOPMENT AS AN ANALYSIS OF THE LONG RANGE EFFECT OF A MEASURE.
IF, AFTER CAREFUL INVESTIGATION, IT IS DETERMINED THAT NO  DOLLAR  ESTI-
MATE  IS  POSSIBLE,  THE  NOTE  SHALL CONTAIN A STATEMENT TO THAT EFFECT
SETTING FORTH THE REASONS WHY NO DOLLAR ESTIMATE CAN BE GIVEN.  A  BRIEF
SUMMARY  OR  WORK  SHEET  OF  COMPUTATIONS  USED  IN ARRIVING AT HOUSING
AFFORDABILITY IMPACT NOTE FIGURES SHALL BE INCLUDED.
  4. NO COMMENT OR OPINION SHALL BE INCLUDED IN THE HOUSING AFFORDABILI-
TY IMPACT NOTE WITH REGARD TO THE MERITS OF THE MEASURE  FOR  WHICH  THE
HOUSING  AFFORDABILITY  IMPACT  NOTE  IS PREPARED; HOWEVER, TECHNICAL OR
MECHANICAL DEFECTS MAY BE NOTED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.