senate Bill S1535

2013-2014 Legislative Session

Defines blighted properties and areas; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

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S1535 - Bill Details

See Assembly Version of this Bill:
A548
Current Committee:
Senate Judiciary
Law Section:
Eminent Domain Procedure Law
Laws Affected:
Amd §§103 & 204, add §204-a, EDP L; amd §§2, 3, 5 & 10, rpld & add §3 sub 12, UDC Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1545, S1763, A1765
2009-2010: S1127, S6791, A10811

S1535 - Bill Texts

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Defines blighted properties and areas.

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BILL NUMBER:S1535

TITLE OF BILL:
An act
to amend the eminent domain procedure law and
the New York state urban
development corporation act,
in relation to defining blight;
and to repeal
certain provisions of
the New York state urban development corporation act
relating thereto

PURPOSE:
A bill redefining the meaning of blight and creating objective
standards and criteria for classifying a single property as well as
multiple properties and project areas for purposes of the eminent
domain procedure law. The bill also clarifies and modernizes the
purposes of the Urban Development Corporation Act.

PROVISIONS:

Section one is the legislative intent.

Section two amends Section 103 of the eminent domain procedure law
(EDPL) by adding and defining the terms "blighted property,"
"blighted area," "slum," "substandard and insanitary property,"
"unfit for human habitation," and "abandoned property."

Section three amends Section 204 of the EDPL to mandate an additional
requirement upon the condemnor pursuant the new blight definition in
the determination and findings section.

Section four creates a new Section 204-a in the EDPL establishing a
concrete definition for "blighted properties," as well as "multiple
properties and project areas." Additionally, this section enumerates
the circumstances where property may not be declared blighted.

Section five amends section 2 of section 1 of the Urban Development
Corporation Act (UDC Act) of 1968 to make the public authority's
powers consistent with the aforementioned reforms to the EDPL.
Specifically, this section clarifies the vague and expansive purposes
of the Urban Development Corporation (UDC). Furthermore, this section
modernizes the UDC Act, empowering this important entity to work with
communities across the state by incorporating amongst other
considerations: environmental factors, comprehensive planning, and
ensuring greater protections for affected individuals.

Section six amends section 3 of section 1 of the UDC Act by making
consistent the definitions of "blighted property," "blighted area,"
and "slum" in the UDC Act with the new section, EDPL 204-a.

Section seven amends subdivision 12 of section 3 of section 1 of the
UDC Act by repealing the existing definition of "substandard and
insanitary" and defining it as provided in the proposed section 204-a
of the EDPL.


Section eight amends subdivision 7 of section 5 of section 1 of the
UDC Act by requiring that actions to acquire and contract land and
leaseholds amongst others, comply with the limitations established
with proposed section 204-a of the EDPL.

Section nine amends section 10 of section 1 of the UDC Act by making
the "findings" consistent with the requirements established in the
amended sections of the EDPL, Specifically, this section requires the
UDC to determine an area blighted as defined in the EDPL before
undertaking an acquisition, construction, reconstruction,
rehabilitation or improvement of a project. This includes the
following projects: industrial, land use improvement, civic,
industrial effectiveness, small and medium-sized businesses
assistance. In addition, this bill mandates that residents and
businesses be displaced to the minimum extent possible and efforts be
made to relocate those displaced to substantially comparable
properties.

Section ten requires this bill take effect immediately.

JUSTIFICATION:
Since Kelo v. City of New London, the 2005 decision in which the U.S.
Supreme Court approved the forcible transfer of property from one
private owner to another in the name of "economic development,"
forty-three states have passed eminent domain reform legislation. New
York has thus far failed to take such action but continues to
repeatedly approve eminent domain condemnation for projects that
benefit private entities at the public's expense. A 2009 report by
the Institute for Justice entitled "Building Empires, Destroying
Homes: Eminent Domain Abuse in New York" detailed widespread eminent
domain abuse through-out the state.

Furthermore, two recent court decisions, Goldstein v. New York State
Urban Development Corporation and Kaur v. New York State Urban
Development Corporation demonstrate the need to balance the rights of
property owners without stifling positive economic development
programs. Instead, New Yorkers suffer under an inequitable system of
eminent domain laws that greatly favors private developers partnered
with public actors at the expense of homeowners, businesses, and
tenants.

The use of "blight" as a basis for condemnation is vaguely defined and
in need of clarification. Under the loose standards of existing law
practically anything can qualify as blighted. Consequently, it is
imperative that the Legislature enact objective criteria to ensure
that blight determinations are consistent, predictable, and based on
factors actually related to the public's health and safety. This bill
ensures better protections for tenants and property owners and
guarantees that they are not excluded from the development process.

As Judge Catterson notes for the majority in the Kaur decision, it has
been well documented that the urban renewal schemes of the 1950s and
1960s displaced millions of people and destroyed hundreds of
neighborhoods. By and far, these programs disproportionately harmed
low income
and minority families. Legislative reforms are needed to prevent a
repeat of these injustices. It is now time for New York to make the


necessary reforms that will ensure a fair and equitable use of our
eminent domain laws.

LEGISLATIVE HISTORY:
2010: Referred to Judiciary; Discharged and Committed to Corporations,
Authorities & Commissions
2012: Referred to Judiciary

EFFECTIVE DATE: Immediately.

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

                                  1535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. PERKINS, ADAMS, HASSELL-THOMPSON, KRUEGER, MONTGOM-
  ERY, PARKER -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Judiciary

AN  ACT to amend the eminent domain procedure law and the New York state
  urban development corporation act, in relation to defining blight; and
  to repeal certain provisions of the New York state  urban  development
  corporation act relating thereto

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

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds  and  declares  that  eminent  domain, while a meaningful tool for
government to move forward on important projects, has come under a great
deal of criticism in recent years for  many  alleged  abuses  that  have
occurred  within  the  state  of  New  York. Traditionally, the right of
eminent domain, or the state's ability to seize private land was limited
for "public use". However, over the years, phrases such as "public  use"
and "blighted" have taken on more expansive meanings.
  Since  Kelo v. City of New London, the 2005 decision in which the U.S.
Supreme Court approved  the  forcible  transfer  of  property  from  one
private  owner  to another in the name of "economic development", forty-
three states have passed eminent domain reform legislation. New York has
thus far failed to take such action but continues  again  and  again  to
approve  eminent  domain  condemnation for projects that benefit private
entities at the public's expense. A 2009 report  by  the  Institute  for
Justice  entitled  "Building  Empires, Destroying Homes:  Eminent Domain
Abuse in New York" detailed widespread eminent domain  abuse  throughout
the state.
  Furthermore,  two  recent court decisions, Goldstein v. New York State
Urban Development Corporation and Kaur v. New York State Urban  Develop-
ment  Corporation demonstrate the need to balance the rights of property

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04202-01-3

S. 1535                             2

owners without stifling positive economic development programs. Instead,
New Yorkers suffer under an inequitable system of  eminent  domain  laws
that  greatly  favors private developers partnered with public actors at
the expense of homeowners, businesses, and tenants.
  The use of "blight" as a basis for condemnation is vaguely defined and
in  need  of  clarification.  Under  the loose standards of existing law
practically anything can qualify as blighted. Consequently it is  imper-
ative  that  the  legislature  enact  objective  criteria to ensure that
blight determinations are consistent, predictable, and based on  factors
actually  related to the public's health and safety. There also needs to
be better protections in place so that tenants and low income  residents
are ensured that they are not excluded from the development process.
  As Judge Catterson notes for the majority in the Kaur decision, it has
been  well  documented  that  the urban renewal schemes of the 1950s and
1960s displaced millions of people and destroyed hundreds  of  neighbor-
hoods.  By  and far, these programs disproportionately harmed low income
and minority families. Legislative  reforms  are  needed  to  prevent  a
repeat  of  these  injustices.  It  is now time for New York to make the
necessary reforms that will ensure a  fair  and  equitable  use  of  our
eminent domain laws.
  S  2.  Section  103  of the eminent domain procedure law is amended by
adding five new subdivisions (H), (I), (J),  (K)  and  (L)  to  read  as
follows:
  (H)  "BLIGHTED  PROPERTY"  AND  "BLIGHTED  AREA" MEAN PROPERTY THAT IS
DECLARED BLIGHTED UNDER SECTION TWO HUNDRED FOUR-A OF THIS CHAPTER.
  (I) "SLUM" MEANS PROPERTY THAT IS DECLARED BLIGHTED UNDER SECTION  TWO
HUNDRED FOUR-A OF THIS CHAPTER.
  (J)  "SUBSTANDARD  AND  INSANITARY  PROPERTY"  MEANS  PROPERTY THAT IS
DECLARED BLIGHTED UNDER SECTION TWO HUNDRED FOUR-A OF THIS CHAPTER.
  (K) "UNFIT FOR HUMAN HABITATION" MEANS PREMISES WHICH  HAVE  IDENTIFI-
ABLE CONDITIONS THAT ENDANGER THE LIFE, HEALTH AND SAFETY OF THE OWNERS,
OCCUPANTS,  OR THE PUBLIC. CONDITIONS RENDERING PROPERTY UNFIT FOR HUMAN
HABITATION INCLUDE, BUT  ARE  NOT  LIMITED  TO,  SUBSTANTIAL  STRUCTURAL
DEFECTS  OR  DETERIORATION, VERMIN INFESTATION, LACK OF NECESSARY UTILI-
TIES, AND FIRE HAZARDS.
  (L) "ABANDONED PROPERTY" MEANS:
  (1) UNOCCUPIED PROPERTY WHICH HAS BEEN TAX DELINQUENT FOR AT LEAST TWO
YEARS; OR
  (2) A BUILDING:
  (A) THAT IS UNOCCUPIED BY OWNER OR TENANT;
  (B) THAT IS UNFIT FOR HABITATION;
  (C) THAT HAS DETERIORATED TO THE POINT WHERE:
  (I) THE BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE  THREAT
TO LIFE OR OTHER PROPERTY; OR
  (II) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
  (D)  THE  OWNER  IS  UNKNOWN  OR THE OWNER FAILS TO RESPOND WITHIN SIX
MONTHS TO A VIOLATION NOTICE FROM THE APPROPRIATE GOVERNING BODY REQUIR-
ING THE OWNER TO:
  (I) REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE  HABITABILITY
REQUIREMENTS; OR
  (II) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS; OR
  (3) A VACANT LOT ON WHICH A BUILDING HAS BEEN DEMOLISHED AND FOR WHICH
A MUNICIPAL LIEN FOR DEMOLITION COSTS REMAINS UNPAID FOR SIX MONTHS.

S. 1535                             3

  S  3.  Paragraph  4  of  subdivision (B) of section 204 of the eminent
domain procedure law is amended and a new paragraph 5 is added  to  read
as follows:
  (4) such other factors as it considers relevant[.];
  (5)  THE  FINDINGS REQUIRED PURSUANT TO SUBDIVISION (D) OF SECTION TWO
HUNDRED FOUR-A OF THIS ARTICLE.
  S 4. The eminent domain procedure law  is  amended  by  adding  a  new
section 204-a to read as follows:
  S  204-A. BLIGHTED PROPERTIES AND AREAS. (A) SUBJECT TO THE EXCEPTIONS
LISTED IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION,  ANY  SINGLE
PROPERTY  MAY  BE  DECLARED  BLIGHTED  IF  IT MEETS ANY OF THE FOLLOWING
CONDITIONS:
  (1) ANY PREMISES, WHICH BECAUSE OF DILAPIDATION, DETERIORATION, STRUC-
TURAL DEFECTS, VERMIN INFESTATION, HEALTH HAZARDS, FIRE HAZARDS, LACK OF
UTILITIES, LACK OF FACILITIES OR EQUIPMENT REQUIRED BY STATUTE OR MUNIC-
IPAL CODE, NEGLECT, OR LACK OF MAINTENANCE:
  (A) IS UNFIT FOR HUMAN HABITATION;
  (B) HAS DETERIORATED TO THE POINT WHERE:
  (I) THE BUILDING IS STRUCTURALLY UNSOUND OR POSES AN IMMEDIATE  THREAT
TO LIFE OR OTHER PROPERTY; OR
  (II) THE COST OF REHABILITATION SIGNIFICANTLY EXCEEDS THE POST-REHABI-
LITATION MARKET VALUE; AND
  (C)  THE  OWNER  FAILS  TO REMEDY THE PROBLEM WITHIN A REASONABLE TIME
AFTER RECEIVING NOTICE OF VIOLATION BY THE  APPROPRIATE  GOVERNING  BODY
REQUIRING THE OWNER TO:
  (I)  REHABILITATE THE BUILDING TO CONFORM TO MINIMUM CODE HABITABILITY
REQUIREMENTS; OR
  (II) DEMOLISH THE BUILDING FOR HEALTH AND SAFETY REASONS.
  (2) ANY ABANDONED PROPERTY AS DEFINED IN SUBDIVISION  (L)  OF  SECTION
ONE HUNDRED THREE OF THIS CHAPTER.
  (3)  PROPERTY  THAT  IS ENVIRONMENTALLY CONTAMINATED AND THAT REQUIRES
REMEDIATION FOR CURRENT OR FUTURE USE UNDER STATE OR FEDERAL LAW, IF THE
OWNER FAILS TO REMEDY THE PROBLEM WITHIN SIX MONTHS OF RECEIVING  NOTICE
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY.
  (4)  A  PREMISES  WHICH,  BECAUSE  OF  PHYSICAL  CONDITION  OR USE, IS
REGARDED AS A PUBLIC NUISANCE AT COMMON  LAW  OR  HAS  BEEN  DECLARED  A
PUBLIC NUISANCE UNDER A STATUTE OR AN APPLICABLE MUNICIPAL CODE, AND THE
OWNER  FAILS TO ABATE THE NUISANCE WITHIN SIX MONTHS OF RECEIVING NOTICE
OF VIOLATION FROM THE APPROPRIATE GOVERNING BODY.
  (5) ANY WELL, SHAFT, BASEMENT, EXCAVATION, OR UNSAFE FENCE  OR  STRUC-
TURE THAT, BECAUSE OF PHYSICAL CONDITION, USE OR OCCUPANCY, IS DEEMED AN
ATTRACTIVE  NUISANCE  TO  CHILDREN,  AND  THE  OWNER  FAILS TO ABATE THE
NUISANCE WITHIN SIX MONTHS AFTER RECEIVING NOTICE OF VIOLATION FROM  THE
APPROPRIATE GOVERNING BODY.
  (6)  VACANT  PROPERTY THAT HAS BECOME OVERGROWN WITH WEEDS, IS A PLACE
FOR THE ACCUMULATION OF TRASH AND DEBRIS, OR A HAVEN FOR VERMIN, IF  THE
OWNER  FAILS  TO  REMEDY  THE  PROBLEM WITHIN SIX MONTHS AFTER RECEIVING
NOTICE OF VIOLATION BY THE  APPROPRIATE  GOVERNING  BODY  REQUIRING  THE
OWNER TO REHABILITATE THE PROPERTY TO CONFORM WITH MINIMUM CODE REQUIRE-
MENTS.
  (7) DEFECTIVE OR UNUSUAL CONDITIONS OF TITLE THAT MAKE THE FREE TRANS-
FER OR ALIENATION OF THE PROPERTY IMPOSSIBLE.
  (8) OCCUPIED OR UNOCCUPIED PROPERTY THAT HAS TAX DELINQUENCIES EXCEED-
ING THE VALUE OF THE PROPERTY.
  (9) PROPERTY THAT IS USED FOR PERVASIVE AND PERSISTENT CRIMINAL ACTIV-
ITY. FOR PURPOSES OF THIS SECTION, SUCH ACTIVITY SHALL BE DEFINED AS TWO

S. 1535                             4

OR MORE CONVICTIONS OF ANY PERSON OR PERSONS HAD, WITHIN A PERIOD OF ONE
YEAR, FOR ANY OF THE FOLLOWING PENAL LAW OFFENSES ARISING OUT OF CONDUCT
ENGAGED IN AT THE PROPERTY:
  (A)  SALE  OF  A  CONTROLLED  SUBSTANCE  DESCRIBED IN SECTIONS 220.31,
220.34, 220.39, 220.41, OR 220.43 OF THE PENAL LAW; OR
  (B) OFFENSES RELATED TO THE CRIME  OF  PROSTITUTION  AS  DESCRIBED  IN
ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW; OR
  (C)  OFFENSES RELATED TO THE CRIME OF GAMBLING AS DESCRIBED IN ARTICLE
TWO HUNDRED TWENTY-FIVE OF THE PENAL LAW; OR
  (D) ENTERPRISE CORRUPTION AS DEFINED IN ARTICLE FOUR HUNDRED SIXTY  OF
THE PENAL LAW.
  (10) PROPERTY THAT DOES NOT OTHERWISE MEET ANY OF THE CONDITIONS LIST-
ED IN THIS SECTION MAY NOT BE DECLARED BLIGHTED.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE FOLLOWING EXCEPTIONS SHALL APPLY:
  (1)  PROPERTY SHALL IN NO CASE BE DECLARED BLIGHTED IF IT MEETS ONE OR
MORE OF THE FOLLOWING CRITERIA:
  (A) VACANT AND UNIMPROVED PROPERTY LOCATED IN ANY  RURAL  OR  SUBURBAN
AREA WHICH IS NOT SERVED BY EXISTING UTILITIES.
  (B)  PROPERTY WHICH SATISFIES THE DEFINITION OF "FARM WOODLAND", "LAND
USED IN AGRICULTURAL PRODUCTION", "UNIQUE AND IRREPLACEABLE AGRICULTURAL
LAND", OR "VIABLE AGRICULTURAL LAND", AS  THOSE  TERMS  ARE  DEFINED  IN
SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW.
  (2) FOR PURPOSES OF THIS SECTION, IF A DEVELOPER OR CONDEMNOR INVOLVED
IN  A  REDEVELOPMENT  PROJECT  HAS  CAUSED OR BROUGHT ABOUT BY ACTION OR
INACTION OR MAINTAINED FOR MORE THAN SEVEN YEARS A CONDITION  LISTED  IN
SUBDIVISION  (A)  OF THIS SECTION WITHIN THE PROPOSED PROJECT AREA, THAT
CONDITION MAY NOT BE USED IN THE DETERMINATION OF BLIGHT.
  (3) FOR PURPOSES OF THIS SECTION, IF PROPERTY LOCATED IN AN  URBANIZED
AREA  GENERALLY  SERVED  BY MUNICIPAL INFRASTRUCTURE AND UTILITIES MEETS
ONE OR MORE OF THE CONDITIONS LISTED IN SUBDIVISION (A) OF THIS  SECTION
DUE  TO FAILURE ON THE PART OF THE APPROPRIATE GOVERNING BODY TO PROVIDE
NECESSARY UTILITY SERVICES AND/OR INFRASTRUCTURE, THAT CONDITION MAY NOT
BE USED IN THE DETERMINATION OF BLIGHT.
  (C) MULTIPLE PROPERTIES AND PROJECT AREAS MAY BE DECLARED BLIGHTED  IF
THEY MEET ANY OF THE FOLLOWING CONDITIONS:
  (1)  FOR  PURPOSES  OF ACQUIRING MULTIPLE UNITS OF PROPERTY BY EMINENT
DOMAIN, AN AREA MAY BE DECLARED GENERALLY BLIGHTED ONLY IF:
  (A) THE AREA IS LOCATED IN AN URBAN OR SUBURBAN AREA GENERALLY  SERVED
BY EXISTING UTILITIES AND INFRASTRUCTURE; AND
  (B)  SEVENTY-FIVE  PERCENT  OF  THE INDIVIDUAL PARCELS IN THE AREA ARE
DECLARED BLIGHTED UNDER SUBDIVISION (A) OF THIS SECTION.
  (2) A CONDEMNOR MAY USE EMINENT DOMAIN TO ACQUIRE ANY UNIT OF PROPERTY
WITHIN A BLIGHTED PROJECT AREA.
  (3) PROPERTIES OWNED BY A DEVELOPER OR CONDEMNOR INVOLVED IN  A  REDE-
VELOPMENT  PROJECT MAY BE INCLUDED IN ANY BLIGHTED PROJECT AREA DETERMI-
NATION.
  (4) FOR PURPOSES OF THIS SECTION, A BUILDING CONTAINING MULTIPLE UNITS
SHALL BE TREATED AS A SINGLE PROPERTY.
  (D) THE FOLLOWING FINDINGS SHALL BE  REQUIRED  BEFORE  A  PROPERTY  OR
PROJECT AREA MAY BE DECLARED BLIGHTED:
  (1)  TO  DECLARE ANY SINGLE PROPERTY BLIGHTED, THE CONDEMNOR MUST MAKE
WRITTEN FINDINGS IDENTIFYING THE SPECIFIC CONDITIONS  WHICH  RENDER  THE
PROPERTY BLIGHTED UNDER SUBDIVISION (A) OF THIS SECTION.
  (2)  TO  DECLARE  MULTIPLE  PROPERTIES  OR PROJECT AREAS BLIGHTED, THE
CONDEMNOR MUST MAKE WRITTEN FINDINGS DEMONSTRATING THAT THE REQUIREMENTS

S. 1535                             5

OF SUBDIVISION (C) OF THIS SECTION HAVE BEEN MET.  TO  DEMONSTRATE  THAT
SEVENTY-FIVE PERCENT OF THE PARCELS IN THE AREA ARE INDIVIDUALLY BLIGHT-
ED,  EACH BLIGHTED PARCEL MUST BE IDENTIFIED AND THE SPECIFIC CONDITIONS
RENDERING  IT  BLIGHTED  UNDER  SUBDIVISION  (A) OF THIS SECTION MUST BE
IDENTIFIED.
  (E) ANY DECLARATION MADE PURSUANT TO SUBDIVISION (D) OF  THIS  SECTION
SHALL BE VALID FOR A PERIOD OF TEN YEARS.
  S  5.  Section  2  of  section  1  of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation  act,  the
ninth undesignated paragraph as added by chapter 280 of the laws of 1984
and  the  tenth  undesignated paragraph as amended by chapter 747 of the
laws of 2005, is amended to read as follows:
  S 2. Statement of legislative findings  and  purposes.  It  is  hereby
found and declared that there exists in [urban] SOME areas of this state
a  condition of substantial and persistent unemployment and underemploy-
ment which causes hardship to  many  individuals  and  families,  wastes
vital  human  resources,  increases the public assistance burdens of the
state and municipalities, impairs the security of family life,  contrib-
utes  to the growth of crime and delinquency, prevents many of our youth
from finishing their  educations,  impedes  the  economic  and  physical
development  of  municipalities  and  adversely  affects the welfare and
prosperity of all the people of the state.  [Many  existing  industrial,
manufacturing and commercial facilities in such urban areas are obsolete
and  inefficient,  dilapidated, and without adequate mass transportation
facilities and public services. Many of such  facilities  are  underuti-
lized  or in the process of being vacated, creating additional unemploy-
ment. Technological advances and  the  provision  of  modern,  efficient
facilities  in  other states will speed the obsolescence and abandonment
of existing facilities causing serious injury  to  the  economy  of  the
state.  Many  existing and planned industrial, manufacturing and commer-
cial facilities are, moreover, far from or not easily accessible to  the
places  of residence of substantial numbers of unemployed persons.  As a
result, problems of chronic unemployment are not  being  alleviated  but
are  aggravated. New industrial, manufacturing and commercial facilities
are required to attract and house new industries and thereby  to  reduce
the  hazards  of unemployment. The unaided efforts of private enterprise
have not met and cannot meet the needs of providing such facilities  due
to problems encountered in assembling suitable building sites]
  IT  IS  FURTHER FOUND AND DECLARED THAT THE UNAIDED EFFORTS OF PRIVATE
INDUSTRIAL,  MANUFACTURING  AND  COMMERCIAL  BUSINESSES  ARE  NEGATIVELY
AFFECTED  BY  AGING  AND INEFFICIENT FACILITIES, DIFFICULTIES IN FINDING
SUITABLE BUILDING SITES FOR NEW  FACILITIES,  lack  of  adequate  public
services, the unavailability of private capital for development [in such
urban  areas],  and the inability of private enterprise alone to plan[,]
AND finance DEVELOPMENT and TO  coordinate  [industrial  and  commercial
development] SUCH DEVELOPMENT with [residential developments for persons
and  families  of  low  income and with] AFFORDABLE HOUSING DEVELOPMENT,
COMMUNITY DEVELOPMENT PROGRAMS, public services and mass  transportation
facilities.
  It  is  further  found  and  declared that there exist in many munici-
palities within this  state  [residential,  nonresidential,  commercial,
industrial  or vacant areas, and combinations thereof, which are slum or
blighted, or which are  becoming  slum  or  blighted  areas  because  of
substandard,   insanitary,  deteriorated  or  deteriorating  conditions,
including obsolete and dilapidated buildings and  structures,  defective
construction,  outmoded  design,  lack  of proper sanitary facilities or

S. 1535                             6

adequate fire or safety protection, excessive  land  coverage,  insuffi-
cient  light and ventilation, excessive population density, illegal uses
and conversions, inadequate  maintenance,  buildings  abandoned  or  not
utilized  in  whole  or substantial part, obsolete systems of utilities,
poorly or improperly designed street patterns and intersections,  inade-
quate  access to areas, traffic congestion hazardous to the public safe-
ty, lack of suitable off-street parking, inadequate loading and  unload-
ing  facilities, impractical street widths, sizes and shapes, blocks and
lots of irregular form, shape or  insufficient  size,  width  or  depth,
unsuitable  topography,  subsoil  or  other physical conditions, all of]
BLIGHTED PROPERTIES AND BLIGHTED AREAS, WHICH ARE CHARACTERIZED BY PREM-
ISES UNFIT FOR HUMAN HABITATION AND DANGEROUS TO LIFE AND PROPERTY,  AND
which hamper or impede proper and economic development of such areas and
which  impair or arrest the sound growth of the area, community or muni-
cipality, and the state as a whole.
  It is further found and declared that there is a serious need through-
out the state for adequate educational, recreational, cultural and other
community facilities, the lack of which threatens and adversely  affects
the health, safety[, morals] and welfare of the people of the state.
  It  is  further  found  and  declared  that  there  continues to exist
throughout the state a seriously inadequate supply of  [safe  and  sani-
tary]  DECENT  dwelling  accommodations  for persons and families of low
income. This condition is contrary to the public interest and  threatens
the  health,  safety, welfare, comfort and security of the people of the
state. The ordinary operations of private enterprise cannot  provide  an
adequate  supply  of  safe  and  sanitary  dwelling  accommodations  [at
rentals] which persons and families of low income can afford.
  IT IS FURTHER FOUND AND DECLARED THAT  THERE  IS  AN  URGENT  NEED  TO
PROTECT AND ENHANCE THE QUALITY OF THE NATURAL ENVIRONMENT, TO ENCOURAGE
THE  DEVELOPMENT  AND  EXPANSION  OF EXISTING AND ALTERNATIVE SOURCES OF
ENERGY AND THE CONSERVATION OF ENERGY, AND  TO  ABATE  AND  PREVENT  THE
GENERATION  OF  HAZARDOUS  WASTE,  TOXIC BY-PRODUCTS, AND OTHER TYPES OF
ENVIRONMENTAL POLLUTION.
  It is hereby declared to be the policy  of  the  state  to  promote  a
vigorous  and  growing  economy,  to  prevent economic stagnation and to
encourage the creation of new job  opportunities  in  order  to  protect
against  the hazards of unemployment, reduce the level of public assist-
ance to now indigent individuals and families, increase revenues to  the
state  and  to  its municipalities and to achieve stable and diversified
local economies. In furtherance of these goals, it is the policy of  the
state  to  retain  existing  industries  and  to  attract new industries
through the acquisition,  construction,  FINANCING,  reconstruction  and
rehabilitation  of  industrial  and  manufacturing plants and commercial
facilities, and to develop  sites  for  new  industrial  and  commercial
building.  It  is  further  declared  to  be  the policy of the state to
promote the development of such plants and facilities, reasonably acces-
sible to residential facilities, in those areas where substantial  unem-
ployment  or  underemployment exists, to the end that the industrial and
commercial development [of our urban areas] will proceed in sound  fash-
ion and in coordination with development of housing, mass transportation
and  public  services,  and  that job opportunities will be available in
those areas where people lack jobs.
  It is further declared to be the policy of the state  to  promote  the
safety,  health[,  morals] and welfare of the people of the state and to
promote the sound growth and development of our  municipalities  through
the  [correction of such substandard, insanitary, blighted, deteriorated

S. 1535                             7

or deteriorating conditions, factors and characteristics by  the  clear-
ance,  replanning, reconstruction, redevelopment, rehabilitation, resto-
ration or conservation of such areas,] REDEVELOPMENT OF  BLIGHTED  AREAS
and  [of  areas reasonably accessible thereto] the undertaking of public
and  private  improvement  programs  [related  thereto],  including  the
provision  of educational, recreational and cultural facilities, and the
encouragement of participation in these programs by private  enterprise.
IN  FURTHERANCE  OF THESE GOALS, IT IS THE POLICY OF THE STATE TO ENGAGE
AND EMPOWER THE PUBLIC THROUGH EDUCATIONAL PROGRAMS, COMMUNITY OUTREACH,
AND AN OPEN AND INCLUSIVE REDEVELOPMENT PLANNING PROCESS; TO  COORDINATE
REDEVELOPMENT  PROJECTS  AND  IMPROVEMENT PROGRAMS WITH LOCAL GOVERNMENT
PLANNING GOALS; TO RESPECT COMMUNITIES'  EXISTING  SOCIAL  AND  CULTURAL
FABRIC  AND  TO  LIMIT  RESIDENTIAL AND BUSINESS DISPLACEMENT TO MAXIMUM
EXTENT POSSIBLE; TO REUSE  EXISTING  RESOURCES  AND  INFRASTRUCTURE  AND
RECYCLE  MATERIALS  AND  STRUCTURES;  TO ENCOURAGE ENERGY EFFICIENCY AND
SUSTAINABLE BUILDING; TO CONSERVE UNDEVELOPED LAND AND ENCOURAGE  INFILL
AND  BROWNFIELD  DEVELOPMENT; TO IMPROVE OR RESTORE NATURAL SYSTEMS SUCH
AS STREAMBEDS, DRAINAGE COURSES, WETLANDS, RIVERS, AND OTHER  ECOLOGICAL
FEATURES, AND TO ENCOURAGE THE CREATION OF PUBLICLY AVAILABLE OPEN SPAC-
ES;  TO  ENSURE THAT ENVIRONMENTAL POLLUTION DOES NOT DISPARATELY AFFECT
AREAS WITH A SUBSTANTIAL NUMBER OF MINORITY OR LOW INCOME HOUSEHOLDS; TO
INCORPORATE CULTURAL RESOURCES AND LANDSCAPES INTO  PROJECT  DESIGNS  BY
PRESERVING  AND  REHABILITATING  BUILDINGS  WITH CULTURAL, HISTORICAL OR
ARCHITECTURAL SIGNIFICANCE, ENCOURAGING ADAPTIVE REUSE AS AN ALTERNATIVE
TO DEMOLITION AND NEW CONSTRUCTION, AND ENCOURAGING COMPATIBLE DESIGN OF
NEW CONSTRUCTION; TO ENCOURAGE THE RETENTION AND CONSTRUCTION OF AFFORD-
ABLE HOUSING THROUGH INCENTIVES, LOANS, AND OTHER PROGRAMS; TO ENCOURAGE
DEVELOPMENT THAT IS ACCESSIBLE AND INVITING TO  PEDESTRIANS,  BICYCLISTS
AND  TRANSIT  USERS,  AND  TO  DISCOURAGE DEVELOPMENT THAT IS RELIANT ON
PERSONAL  AUTOMOBILE  TRANSPORTATION;  TO  INCREASE  OPPORTUNITIES   FOR
PRIVATE  ENTERPRISE,  ESPECIALLY FOR SMALL BUSINESSES, LOCAL BUSINESSES,
AND BUSINESSES OWNED BY MINORITIES AND WOMEN,  THROUGH  PROCEDURES  THAT
ARE  FAIR, OPEN, EQUITABLE, TRANSPARENT, AND DEMONSTRATED TO BE THE BEST
CHOICE FOR THE PUBLIC INTEREST; TO  PROVIDE  SUFFICIENT  GUARANTEES  AND
PROTECTIONS  IN  THE EVENT THAT PRIVATE DEVELOPERS WITHDRAW FROM PARTIC-
IPATION IN A REDEVELOPMENT PROJECT OR IMPROVEMENT PROGRAM;  TO  INCREASE
EMPLOYMENT  OPPORTUNITIES  FOR  LOCAL  RESIDENTS,  ESPECIALLY LOW INCOME
RESIDENTS,  HOMELESS  PERSONS,  SINGLE  PARENTS,  FORMERLY  INCARCERATED
PERSONS,  AND  PERSONS  WITH  OTHER  BARRIERS TO EMPLOYMENT, THROUGH JOB
TRAINING, LOCAL HIRING AND OTHER ASSISTANCE PROGRAMS; AND  TO  ENCOURAGE
THE CREATION OF QUALITY JOBS THAT PROVIDE A LIVING WAGE, ADEQUATE HEALTH
BENEFITS, AND OPPORTUNITIES FOR ADVANCEMENT.
  It  is  further  declared to be the policy of the state to promote the
safety, health[, morals] and welfare of the people of the state  through
the provision of adequate, safe and sanitary dwelling accommodations and
facilities incidental or appurtenant thereto for persons and families of
low income.
  For  these  purposes, there should be created a corporate governmental
agency to be known as the "New York state urban development corporation"
which, through issuance of bonds and notes  to  the  private,  investing
public,  by  encouraging  maximum participation by the private sector of
the economy, including the sale or lease of the  corporation's  interest
in  projects  at  the earliest time deemed feasible, and through partic-
ipation in programs undertaken by the state, its agencies  and  subdivi-
sions,  and by municipalities and the federal government, may provide or
obtain the capital resources necessary  to  acquire,  construct,  recon-

S. 1535                             8

struct,  rehabilitate or improve such industrial, manufacturing, commer-
cial, educational, recreational and  cultural  facilities,  and  housing
accommodations  for  persons  and families of low income, and facilities
incidental  or  appurtenant  thereto,  and  to carry out the [clearance,
replanning, reconstruction and rehabilitation of  such  substandard  and
insanitary] REDEVELOPMENT OF BLIGHTED areas.
  It is further declared to be the policy of New York state to encourage
the development of research and development facilities and high technol-
ogy  industrial  incubator  space  at  institutions  of higher education
located in this state and authorized to confer degrees by law or by  the
board  of  regents,  or  on lands in reasonable proximity to such insti-
tutions provided that (i) in the case of research and development facil-
ities such facilities are for the cooperative use of one  or  more  such
institutions  and  one or more business corporations, research consortia
or other industrial organizations  involved  in  research,  development,
demonstration,  or other technologically oriented industrial activities;
and (ii) in the case of high technology industrial incubator space, such
space shall be for rental to business concerns which are in their  form-
ative  stages  and  which  are  involved  in high technology activities,
including but not limited to business concerns  initiated  by  students,
employees  of  such  institution,  including  faculty  members and other
persons or firms academically associated with such institution.
  It is hereby declared that the acquisition,  construction,  FINANCING,
reconstruction,  rehabilitation or improvement of such industrial, manu-
facturing and commercial facilities, and of such  cultural,  educational
and  recreational  facilities  including  but  not limited to facilities
identified as projects and called for to implement  a  state  designated
heritage  area  management  plan  as  provided  in title G of the parks,
recreation and historic preservation law;  the  [clearance,  replanning,
reconstruction  and  rehabilitation  of such substandard and insanitary]
REDEVELOPMENT OF BLIGHTED areas; and the provision of adequate, safe and
sanitary housing accommodations for persons and families of  low  income
and  such  facilities  as  may  be incidental or appurtenant thereto are
public uses and public purposes for which public money may be loaned and
private property may be acquired and tax exemption granted, and that the
powers and duties of the New York state urban development corporation as
hereinafter prescribed are necessary  and  proper  for  the  purpose  of
achieving the ends here recited.
  S  6.  Section  3  of  section  1  of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  is
amended by adding two new subdivisions 31 and 32 to read as follows:
  (31)  "BLIGHTED  PROPERTY"  AND  "BLIGHTED  AREA".  PROPERTY  THAT  IS
DECLARED BLIGHTED UNDER SECTION 204-A OF THE  EMINENT  DOMAIN  PROCEDURE
LAW.
  (32) "SLUM". PROPERTY THAT IS DECLARED BLIGHTED UNDER SECTION 204-A OF
THE EMINENT DOMAIN PROCEDURE LAW.
  S  7.  Subdivision  12 of section 3 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  is  REPEALED  and a new subdivision 12 is added to read as
follows:
  (12) "SUBSTANDARD AND INSANITARY PROPERTY". PROPERTY THAT IS  DECLARED
BLIGHTED UNDER SECTION 204-A OF THE EMINENT DOMAIN PROCEDURE LAW.
  S  8.  Subdivision  7  of section 5 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration act, is amended to read as follows:

S. 1535                             9

  (7)  To  acquire  or contract to acquire from any person, firm, corpo-
ration, municipality, federal  or  state  agency,  by  grant,  purchase,
condemnation  or otherwise, leaseholds, real, personal or mixed property
or any interest therein, SUBJECT TO THE LIMITATIONS IN SECTION 204-A  OF
THE EMINENT DOMAIN PROCEDURE LAW; to own, hold, clear, improve and reha-
bilitate,  and to sell, assign, exchange, transfer, convey, lease, mort-
gage, or otherwise dispose of or encumber the same;
  S 9. Section 10 of section 1 of chapter  174  of  the  laws  of  1968,
constituting  the  New  York  state  urban  development corporation act,
subdivision (d) as amended by chapter 847 of the laws of 1971,  subdivi-
sions (e) and (f) as added and subdivisions (g) and (h) as relettered by
chapter 839 of the laws of 1987, is amended to read as follows:
  S 10. Findings of the corporation. Notwithstanding any other provision
of  this  act,  the  corporation shall not be empowered to undertake the
acquisition, construction, reconstruction, rehabilitation or improvement
of a project unless the corporation finds:
  (a) in the case of a residential project:
  (1) That there exists, in the area in  which  the  project  is  to  be
located,  or  in  an area reasonably accessible to such area, a need for
[safe and sanitary] DECENT housing accommodations for persons  or  fami-
lies  of  low  income, which the operations of private enterprise cannot
provide;
  (2) That the project has been approved  as  a  project  of  a  housing
company pursuant to the provisions of the private housing finance law.
  (b) in the case of an industrial project:
  (1)  That  the  area  in  which  the  project  is  to  be located is a
[substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area] BLIGHTED AREA, AS THAT TERM IS DEFINED IN SUBDI-
VISION (H) OF SECTION 103 OF THE EMINENT DOMAIN PROCEDURE  LAW,  wherein
there  exists  a condition of substantial and persistent unemployment or
underemployment;
  (2) That the acquisition or construction and operation of such project
will prevent, eliminate or reduce  unemployment  or  underemployment  in
such area;
  (3)  That  such project shall consist of a building or buildings which
are suitable for manufacturing, warehousing or research or other  indus-
trial, business or commercial purposes[.];
  (4)  That adequate provision has been, or will be made for the payment
of the cost of the acquisition, construction, operation, maintenance and
upkeep of such project[.];
  (5) That the acquisition and construction, proposed leasing, operation
and use of such project will aid in the development, growth and prosper-
ity of the state and the area in which such project is located;
  (6) That the plans and  specifications  assure  adequate  light,  air,
sanitation and fire protection.
  (c) in the case of a land use improvement project:
  (1)  That  the  area  in  which  the  project  is  to  be located is a
[substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area and tends to impair or arrest  the  sound  growth
and  development  of  the  municipality]  BLIGHTED AREA, AS THAT TERM IS
DEFINED IN SUBDIVISION (H) OF SECTION 103 OF THE EMINENT  DOMAIN  PROCE-
DURE LAW;
  (2)  That the project consists of a plan or undertaking for the clear-
ance, replanning, reconstruction and rehabilitation of such area and for
recreational and other facilities incidental or appurtenant thereto;

S. 1535                            10

  (3) That the plan  or  undertaking  affords  maximum  opportunity  for
participation  by private enterprise, consistent with the sound needs of
the municipality as a whole.
  (d) in the case of a civic project:
  (1)  That THE AREA IN WHICH THE PROJECT IS TO BE LOCATED IS A BLIGHTED
AREA, AS THAT TERM IS DEFINED IN SUBDIVISION (H) OF SECTION 103  OF  THE
EMINENT DOMAIN PROCEDURE LAW, WHEREIN there exists [in the area in which
the  project  is  to  be located,] a need for the educational, cultural,
recreational, community, municipal, public service or other civic facil-
ity to be included in the project;
  (2) That the project shall consist of a building or buildings or other
facilities which are suitable for educational,  cultural,  recreational,
community, municipal, public service or other civic purposes;
  (3)  That  such  project will be leased to or owned by the state or an
agency or instrumentality  thereof,  a  municipality  or  an  agency  or
instrumentality thereof, a public corporation, or any other entity which
is  carrying  out  a community, municipal, public service or other civic
purpose, and that adequate provision has been, or will be, made for  the
payment of the cost of acquisition, construction, operation, maintenance
and upkeep of the project;
  (4)  That  the plans and specifications assure or will assure adequate
light, air, sanitation and fire protection.
  (e) in the case of an industrial effectiveness project:
  (1) That a feasibility study or productivity assessment exists  demon-
strating  the  potential for future profitability of the firm requesting
financial assistance and such study or assessment has been reviewed  and
approved by the commissioner of economic development;
  (2)  That  for  loans  to implement a corporate restructuring or turn-
around plan, the management of the industrial firm requesting assistance
is capable and the firm has  a  sound  business  development  plan  that
includes  measures  to  ensure  labor  and management cooperation and to
effect changes required to continue as a successful business;
  (3) That the requested financial  assistance  is  not  available  from
other public or private financing sources; and
  (4)  That  the  area  in  which  the  project  is  to  be located is a
[substandard or insanitary area, or is in danger of becoming a substand-
ard or insanitary area] BLIGHTED AREA, AS THAT TERM IS DEFINED IN SUBDI-
VISION (H) OF SECTION 103 OF THE EMINENT DOMAIN PROCEDURE  LAW,  wherein
there  exists  a condition of substantial and persistent unemployment or
underemployment.
  (f) in the case  of  a  small  and  medium-sized  business  assistance
project:
  (1) That the area in which the project will be located is a [substand-
ard  or  insanitary  area,  or is in danger of becoming a substandard or
insanitary area] BLIGHTED AREA, AS THAT TERM IS DEFINED  IN  SUBDIVISION
(H)  OF  SECTION  103 OF THE EMINENT DOMAIN PROCEDURE LAW, wherein there
exists a condition of substantial and persistent unemployment or  under-
employment;
  (2)  That  the  project  demonstrates market, management and financial
feasibility and has a clear likelihood of success;
  (3) That the [industrial] firm provides at least a ten percent  equity
contribution  and  such  contribution  is not derived from other govern-
mental sources;
  (4) That the requested financial  assistance  is  not  available  from
other  public  or private financing sources on terms compatible with the
successful completion of the project;

S. 1535                            11

  (5) That the project will not result in the relocation of any  [indus-
trial]  firm  from  one municipality within the state to another munici-
pality, OR IN THE ABANDONMENT OF ONE OR MORE OF  THE  FIRMS'  PLANTS  OR
FACILITIES  LOCATED  WITHIN THE STATE, except under one of the following
conditions: (i) when [an industrial] A firm is relocating within a muni-
cipality  with  a population of at least one million where the governing
body of such municipality approves such relocation; [or] (ii) the corpo-
ration notifies each municipality from which such [industrial] firm will
be relocated and each municipality agrees to such relocation;  OR  (III)
THE  CORPORATION  SHALL DETERMINE ON THE BASIS OF THE APPLICATION BEFORE
IT THAT THE PROJECT IS REASONABLY NECESSARY TO DISCOURAGE THE FIRM  FROM
RELOCATING  TO  A LOCATION OUTSIDE THE STATE AND TO PRESERVE THE COMPET-
ITIVE POSITION OF THE FIRM WITHIN ITS RESPECTIVE INDUSTRY; and
  (6) That the project is not for the purpose of refinancing any portion
of the total project cost or  other  existing  loans  or  debts  of  the
project sponsor or owner.
  (g)  in the case of all projects, that [there is a feasible method for
the relocation of families and individuals displaced  from  the  project
area into decent, safe and sanitary dwellings] THE DISPLACEMENT OF RESI-
DENTS AND BUSINESSES IS LIMITED TO THE MAXIMUM EXTENT POSSIBLE, AND THAT
ALL DISPLACED RESIDENTS AND BUSINESSES WILL BE AFFORDED ADEQUATE COMPEN-
SATION  AND/OR  ASSISTANCE  TO  BE RELOCATED TO SUBSTANTIALLY COMPARABLE
PROPERTIES, which are or will be [provided] LOCATED in the project  area
or in [other areas] AN AREA REASONABLY PROXIMATE TO THE PROJECT AREA AND
not  generally  less  desirable in regard to public utilities and public
and commercial facilities, at SUBSTANTIALLY COMPARABLE rents  or  prices
[within  the  financial  means  of  such  families  or individuals], and
reasonably accessible to their places  of  DWELLING  AND/OR  employment.
[Insofar  as is feasible, the] THE corporation shall offer SUBSTANTIALLY
COMPARABLE housing accommodations to  [such  families  and  individuals]
DISPLACED  RESIDENTS in [residential] projects [of the corporation] THAT
INCLUDE A RESIDENTIAL COMPONENT, AND INSOFAR AS IS FEASIBLE, THE  CORPO-
RATION  SHALL  OFFER  SUBSTANTIALLY  COMPARABLE INDUSTRIAL OR COMMERCIAL
ACCOMMODATIONS TO DISPLACED  BUSINESSES  IN  PROJECTS  THAT  INCLUDE  AN
INDUSTRIAL  OR COMMERCIAL COMPONENT. The corporation may render to busi-
ness and commercial tenants and [to families or other persons] displaced
[from the project area,] RESIDENTS ANY OTHER such assistance as  it  may
deem [necessary to enable them to relocate] APPROPRIATE.
  (h) in the case of all projects, the corporation shall state the basis
for its findings.
  S 10. This act shall take effect immediately.

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