S T A T E   O F   N E W   Y O R K
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                                  5776

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to urban develop-
  ment action areas

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

  Section  1.  Section  693  of the general municipal law, as amended by
chapter 701 of the laws of 2006, is amended to read as follows:
  S 693. Area designation. An urban development  action  area  shall  by
resolution  be  designated  by  the governing body, or by the commission
where so authorized to act by the governing body, on its own  initiative
or upon recommendation of the agency, provided at least sixty percent of
such area is an eligible area. Any such designation shall be in conform-
ance  with the standards and procedures required for all land use deter-
minations  pursuant  to  general,  special  or  local  law  or  charter.
Provided,  however,  that  if  a  proposed urban development action area
project is to be developed on an eligible area and  consists  solely  of
the  rehabilitation  or  conservation  of  existing  private or multiple
dwellings, the construction of one to four unit dwellings or, until June
thirtieth, two thousand [nine] TWELVE, [the construction of] FOR  up  to
six  urban  development action area projects in any calendar year, [each
containing] THE CONSTRUCTION OF up to ninety dwelling units financed  by
the  federal government and restricted to occupancy by the elderly or by
persons with disabilities without any change in land  use  permitted  by
local  zoning, the governing body, or the commission where so authorized
to act by the governing body, may waive the  area  designation  require-
ment.
  S  2.  Subdivision  5  of section 694 of the general municipal law, as
amended by chapter 562 of the laws  of  1990,  is  amended  to  read  as
follows;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14204-01-9

              

S. 5776                             2

  5.  Any  approval of an urban development action area project shall be
in conformance with the standards and procedures required for  all  land
use determinations pursuant to general, special or local law or charter.
In a city having a population of one million or more, the governing body
may  require  that the agency incorporate into the project any or all of
the following: (i) the proposed number of residential units; (ii) wheth-
er such units are home ownership units, rental units or  condominium  or
cooperative units; (iii) a best estimate of the initial rents or selling
prices for such units; (iv) the proposed income restrictions, if any, on
renters  or  purchasers  of  such  units; and (v) the basis on which the
consideration for the sale or lease of the property is to be determined.
Provided, however, that if the proposed urban  development  action  area
project  consists solely of the rehabilitation or conservation of exist-
ing private or multiple dwellings or the construction  of  one  to  four
unit  dwellings OR, UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE, FOR UP TO
SIX URBAN DEVELOPMENT ACTION AREA PROJECTS IN  ANY  CALENDAR  YEAR,  THE
CONSTRUCTION  OF  UP  TO  NINETY  DWELLING UNITS FINANCED BY THE FEDERAL
GOVERNMENT AND RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY PERSONS WITH
DISABILITIES without any change in land use permitted by  local  zoning,
the  governing body, or the commission where so authorized to act by the
governing body, may waive any such standards and procedures required  by
local law or charter.
  S  3.  Paragraph  (d)  of  subdivision 6 of section 695 of the general
municipal law, as amended by chapter 437 of the laws of 2000, is amended
to read as follows:
  (d) Notwithstanding any standards or procedures established  for  land
disposition  by  general,  special  or local law or charter, if an urban
development action area project is to be developed on an  eligible  area
and  consists  solely  of the rehabilitation or conservation of existing
private or multiple dwellings or the construction of one  to  four  unit
dwellings  OR,  UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE, FOR UP TO SIX
URBAN DEVELOPMENT  ACTION  AREA  PROJECTS  IN  ANY  CALENDAR  YEAR,  THE
CONSTRUCTION  OF  UP  TO  NINETY  DWELLING UNITS FINANCED BY THE FEDERAL
GOVERNMENT AND RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY PERSONS WITH
DISABILITIES without any change in land use permitted by local zoning, a
municipality may dispose of the real property  constituting  such  urban
development action project to any person, firm, or corporation qualified
pursuant  to this subdivision by resolution of its governing body or, in
any city having a population of one million or more, by  action  of  the
mayor, provided that such disposition is in accordance with the require-
ments  of  this  subdivision.  Disposition  of real property acquired by
condemnation shall be in accordance with  the  requirements  of  section
four hundred six of the eminent domain procedure law, if applicable.
  S 4. This act shall take effect immediately; provided however that the
amendments  to  section 693 of the general municipal law made by section
one of this act shall not affect the  expiration  of  such  section  and
shall expire therewith.