S T A T E O F N E W Y O R K
________________________________________________________________________
951
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, RAIA -- Multi-Sponsored by -- M. of A.
KOLB -- read once and referred to the Committee on Governmental Oper-
ations
AN ACT to amend the executive law, in relation to authorizing certain
developers to waive specific requirements under a municipal housing or
building code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 384 to
read as follows:
S 384. AFFORDABLE HOUSING CONSTRUCTION STIMULATION PROGRAM. 1. IN
ORDER TO FACILITATE THE CONSTRUCTION AND REHABILITATION OF MORE AFFORDA-
BLE ONE AND TWO FAMILY RESIDENTIAL DWELLINGS AND MULTIPLE DWELLINGS, THE
COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL BE EMPOWERED TO
WAIVE SPECIFIC REQUIREMENTS WHICH A DEVELOPER MUST MEET UNDER A MUNICI-
PAL HOUSING OR BUILDING CODE, ONLY IF SUCH COMMISSIONER DETERMINES,
AFTER A REVIEW OF THE CONSTRUCTION OR REHABILITATION PLANS AND MUNICIPAL
CODE REQUIREMENTS, THAT WAIVING THE REQUIREMENTS: WOULD NOT AFFECT THE
HEALTH AND SAFETY OF THE OCCUPANTS; AND THAT A COST SAVINGS OF AT LEAST
ONE PERCENT WOULD RESULT.
2. IN ORDER TO IMPLEMENT THE AUTHORITY GRANTED UNDER THIS SECTION, THE
COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL:
(A) ESTABLISH A PROCEDURE UNDER WHICH BUILDERS OR DEVELOPERS OF
AFFORDABLE ONE AND TWO FAMILY RESIDENTIAL DWELLINGS AND MULTIPLE DWELL-
INGS MAY APPLY TO THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL FOR
A WAIVER AS PROVIDED UNDER THIS SECTION;
(B) ESTABLISH FEES TO BE PAID BY THE APPLICANT TO BE USED TOWARD THE
ADMINISTRATION OF THIS PROGRAM;
(C) ESTABLISH PROCEDURES TO BE USED BY THE COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL IN REVIEWING MUNICIPAL BUILDING AND HOUSING CODE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01411-01-9
A. 951 2
REQUIREMENTS AS THEY RELATE TO A SPECIFIC CONSTRUCTION OR REHABILITATION
PLAN IN ORDER TO MAKE A DECISION WITH RESPECT TO WAIVING THE MUNICIPAL
REQUIREMENTS AS PROVIDED BY THIS SECTION.
3. WHERE A WAIVER OF ANY MUNICIPAL BUILDING OR HOUSING CODE IS GRANTED
BY THIS SECTION, THE COST SAVINGS PER HOUSING UNIT REFLECTED BY THE
WAIVER SHALL BE GUARANTEED UNDER SEPARATE CONTRACT BETWEEN THE BUILDER
OR DEVELOPER AND THE MUNICIPALITY IN WHICH THE PROJECT IS BEING
CONSTRUCTED OR REHABILITATED, AND THIS SHALL ALSO BE A CONDITION FOR THE
GRANTING OF THE BUILDING PERMIT WHERE APPLICABLE. SUCH CONTRACT SHALL
GUARANTEE A COST SAVINGS OF AT LEAST ONE PERCENT OF THE PURCHASE PRICE
PER HOUSING UNIT.
S 2. This act shall take effect immediately.