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
                               ___________

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
              

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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-

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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.