S T A T E O F N E W Y O R K
________________________________________________________________________
5748
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Local Governments
AN ACT requiring municipalities that institute certain zoning changes to
adhere to certain rules of construction for new homes, specifically
including homes available to families with limited incomes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares as follows:
1. The availability of housing is of vital statewide importance, and
decent housing and a suitable living environment for every New Yorker is
a priority of the highest order.
2. The goal requires that cooperative participation of government and
the private sector in an effort to expand housing on all levels of
opportunities and accommodate the housing needs of New Yorkers of all
economic levels.
3. Local and state governments have a responsibility to use their
powers to facilitate the improvement and development of housing to make
adequate provisions for the housing needs of all economic segments of
the community.
4. The legislature recognizes that in carrying out this responsibil-
ity, each local government also has the responsibility to consider
economic, environmental, and fiscal factors and community goals and to
cooperate with other local governments and the state in addressing
regional housing needs.
S 2. 1. Definitions. When used in this act, unless a different meaning
clearly appears from the context, the following terms shall mean and
include:
(a) "Covered zoning change." A change enacted by a municipality to its
zoning laws, ordinances or plan that would allow for the construction of
400 or more residential housing units in excess of the number of housing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08871-01-9
A. 5748 2
units permitted by the existing zoning law, ordinance or plan in the
area covered by such change.
(b) "Covered project." Any new building or group of contiguous build-
ings which are part of one development which contains more than 10 hous-
ing units and is located on a site where (i) housing development was not
permitted as of right prior to a covered zoning change or (ii) the
covered zoning change increased the number of housing units permitted on
the site by 50 percent or more (regardless of the number of units
constructed).
2. Every covered project shall provide on-site housing units for
persons and families of low income that meet one of the following condi-
tions:
(a) With respect to a covered project containing rental units:
(i) at least 30 percent of all units shall be affordable to households
with an income that does not exceed 50 percent of the area median
income; or
(ii) at least 40 percent of all units shall be affordable to house-
holds with an income that does not exceed 80 percent of the median
income; or
(iii) at least 50 percent of all units shall be affordable to house-
holds with an income that does not exceed 100 percent of the area medi-
an; or
(iv) at least 60 percent of all units shall be affordable to house-
holds with an income that does not exceed 120 percent of the area median
income.
(b) With respect to a covered project consisting of units offered for
sale, including but not limited to, condominium and cooperative units:
(i) at least 20 percent of all units shall be affordable to households
with an income that does not exceed 80 percent of the area median
income; or
(ii) at least 40 percent of all units shall be affordable to house-
holds with an income that does not exceed 120 percent of the area median
income.
For the purpose of this subdivision, a unit shall be deemed affordable
to a household within a specified income category when, with respect to
rental housing, the rent does not exceed 30 percent of the household
income net of utility allowances and, with respect to units offered for
sale, the purchase price does not exceed the maximum purchase price
limits established by the state of New York mortgage agency first time
homebuyers mortgage program and the mortgage costs do not exceed 35
percent of household income, net of insurance, property taxes, homeowner
association dues, and utilities.
Affordable units must have comparable number of bedrooms as market
rate units and a unit mix proportional to the market rate units and
shall be scattered throughout each covered building or project.
3. Every covered zoning change shall provide for the following with
respect to covered projects.
(a) Zoning bonuses or other incentives shall be granted to covered
projects to the extent necessary to reasonably ensure that the require-
ments of subdivision one of this section will not unduly inhibit the
economically viable development of the area subject to the covered
zoning change.
(b) Residents of the local community shall have priority for the
purchase or rental of 50 percent of the affordable units.
(c) Mechanisms, such as occupancy requirements, regulatory agreements,
resale restrictions, and other deed restrictions recorded against the
A. 5748 3
land, shall be mandated and legally enforceable remedies to enforce such
mechanisms shall also be established to ensure that affordable units
created under covered zoning changes will continue to be available for
the life of the units.
4. Any municipality which enacts a covered zoning change shall amend
any law, ordinance, or regulation or remove any provisions which prohib-
its a covered project from qualifying for tax credits, subsidies or
other government benefits solely because it is subject to the provisions
of this act.
5. The local municipality shall ensure that permit processing for any
covered project shall be completed expeditiously. The municipality shall
also take reasonable efforts to prevent any delay in the construction of
a covered project.
S 3. The requirements of this act constitute minimum standards and
shall not restrict a municipality from enacting provisions that exceed
these standards.
S 4. The executive and legislative body of any municipality covered by
this act shall enact any provisions necessary to implement the
provisions of this act.
S 5. Any changes to zoning law, ordinance, or plan that would be
covered by this act after its effective date shall be amended to comply
with the provisions of this law if such change covers a contiguous area
in excess of 10 acres and has not gone into effect prior to the date
this act shall have become a law.
S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately any action required
for the timely implementation of this act on its effective date is
authorized to be made on or before such effective date.