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

                                   279

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. MONTESANO, RAIA -- Multi-Sponsored by -- M. of A.
  SALADINO  --  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

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

                                                           LBD02297-01-1

A. 279                              2

THE  DATE OF THE REQUEST. THE DIVISION MAY SEEK ASSISTANCE FROM A STATE-
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.