Senate Bill S7956

                                BILL NUMBER:S7956

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to the location of supportive housing facilities
and social services centers, and renewal of the lease or operation of
such facility or center

PURPOSE OR GENERAL OF BILL: The purpose and intent of this bill is to
establish a mechanism by which local community members, neighborhood
associations, and community groups located in New York City and New
York City community board members can learn about proposed projects
before they are constructed or established and enable them to offer
comments to the New York City Planning Commission before any new
supportive housing facilities or social service centers can be
established in New York City's neighborhoods. In addition, in an
effort to encourage continuing dialog between the local community,
community board, and program operator, such notice and public forum
procedures shall also apply to when such program's lease or operation
is renewed or extended beyond the first period of time in which it was
established.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 25-111-a to the Administrative Code of
the City of New York that relates to powers of the New York City
Planning Commission. Title 25 of the Administrative Code relates to
              

City Planning and the powers that the Planning Commission possesses as
it relates to city planning issues.

Under this proposal, before any "supportive housing facility or social
services center" can be established in New York City, the operator of
such facility must file notice of such housing facility or social
services proposal with the Planning Commission and the local community
board. After such notice is filed, not less than 45 days nor more than
90 days after such notice filing, the City Planning Commission shall
hold a public community forum to obtain public and community board
input concerning the anticipated impact of such proposed supportive
housing facility or social services center. In addition, such notice
and public forum procedures shall also apply to when such program's
lease or operation is renewed or extended beyond the first period of
time in which it was established.

For the purposes of this bill, a supportive housing facility or social
services center means a multiple residence or center operated by the
State, New York City or a not-for-profit organization, which provides
housing accommodations and support services to 10 or more residents or
50 or more non-resident clients per day who have mental illness,
trauma, abuse, chemical dependency and/or chronic illness and also,
shelters for the homeless or abused women & children.

At such community forum, the Commission shall afford community
members, neighborhood associations, and representatives of the
community board, local businesses and residents a reasonable
opportunity to speak about such proposal and how such proposal may
affect such local community. In addition, the community can present
information that the location of such a facility or center in the
local community will lead to an over concentration of such


establishments in this particular community. Such notice must provide
a detailed description of the scope, nature, size and kinds of
treatment programs to be provided, and the specific address of such
facility, and the number of anticipated residents or clients that plan
to utilize such facility or center. In addition, such notice shall
include information on the entities that plan to finance its
establishment or operation, the amount of money used to establish and
operate such facility based on the absolute amount of money utilized
and as a percentage of its total budget.

The Planning Commission, in conducting such public community forum,
shall consult with and obtain the consent of the local community board
as to where and when such forum is to be held to maximize the
convenience to the local community to provide comments. Further,
notice of such community forum shall be at least 20 days before the
hearing date.

After such community forum is conducted, the City Planning Commission,
in not less than 60 days nor more than 90 days, after due
consideration of the comments provided at such forum, shall either
approve, modify or deny authorization for the location and
establishment of such facility or center or may suggest an alternative
location for such facility or center. The Commission shall give
particular attention to if the establishment of such facility or
center will create an over concentration of such facilities or centers
in this local community. Should such application be denied, the
sponsors of such application shall be precluded from reapplying for
approval of the location, establishment or operation of such facility
or center or similar type facility or center for a period of two years
from the date of such denial.

JUSTIFICATION: With the proliferation of new "supportive housing
facilities and social service centers", it is important that members
of the local community and representatives of the local community
board receive notice of such proposals and have the opportunity to
participate in a meaningful public forum in which they can express
their support, opposition or concerns & suggested changes in the
operation of such facilities before they are built. These notice
provisions should apply not only to proposed newly established
facilities and centers, but for those same facilities and centers that
are being reauthorized for operation or in which the financing of such
programs is to be extended.

In addition, the siting of such facilities and centers tends to occur
in a few select local communities which is leading to an over
concentration of such facilities in only a few areas of the city,
particularly in the Bronx. This bill, while understanding the need to
establish such facilities and centers, would like to encourage a more
equitable distribution of such facilities throughout New York City.
This is so that the adverse impacts associated with such facilities
will not be borne by only a few communities that do not have the
social services support network to accommodate such populations and
which would pose adverse impacts for those permanent residents who
have lived in the area for a long time.

The Planning Commission, pursuant to NYC Administrative Code sections
25-110 and 25-111 already has the authorization to regulate the height


and bulk of buildings.Section 25-111 authorizes the Planning
Commission to regulate and restrict the location of trades and
industries of buildings designed for specific uses.This bill merely
specifies that such trades and industries must include supportive
housing facilities and social service centers and that the locally
impacted community be accorded due process so that they can comment on
such facilities or centers before they are established or their lease
or plans of operation are extended.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS:  This bill does require for the conduct of
meaningful public forums and this will have a fiscal impact on the
operation of the NYC Planning Commission.As this proposal goes
forward, the sponsor understands that the financing of such additional
work will need to be paid for.

EFFECTIVE DATE:  This act shall take effect 60 days after it shall
have become law.