Senate Bill S5615

                                BILL NUMBER:S5615

TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to the establishment, construction and location of hotels in
the borough of the Bronx

PURPOSE OR GENERAL IDEA 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 the Bronx and Bronx County Community
Boards and board members can learn about proposed hotel projects
before they are constructed or established and enable them to offer
comments to the New York City Planning Commission before any such
hotels can be built.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 25-111(d) 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 "hotel" can be established in Bronx
County, the hotel sponsor must file notice of such proposed hotel 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 hotel and the financial
viability of such hotel so that it will not ultimately become a site
that systematically condones illegal activities such as prostitution,
illegal drug use or sale, or the fencing of stolen property.

For the purposes of this bill, a "hotel" means a building or portion
thereof which is regularly used and kept open for the lodging of
guests and which is located in Bronx County. Such term includes an
apartment hotel, a motel, boarding house or club that contains 10
rooms or more, whether or not meals are served.

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 hear about
and present information concerning the proposition that such hotel is
or may potentially not be a financially viable project and that the
possibility exists that if not financially viable, could become a
place where prostitution or other illegal activities such as drug
sales or use are conducted. Such notice must provide a detailed
description of the proposed hotel's location, floor plans,
architectural renderings, the building footprint on the building
parcel, number of rooms to be let out to the public, and a financial
plan that demonstrates such project's financial viability as a bona


fide hotel. Such financial plan shall demonstrate that such hotel can
remain a bona fide hotel for the foreseeable future and will not
become a hotel or building that condones, sanctions or allows criminal
activities such as prostitution, the sale or use of illegal drugs or
the fencing of stolen goods to be conducted on such premises.

The Planning Commission, in conducting such public community forum,
shall consult with and obtain the consent of the local Bronx County
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 or deny authorization for the location and establishment of
such hotel. The Commission, in making its decision, shall pay
particular attention to if such hotel can become and continue to be a
economically viable bona fide hotel and not ultimately transformed
into or converted into place that systematically condones or sanctions
criminal activities, such as prostitution or illegal drug use or
sales.

The City Planning Commission, in granting such approval for a hotel,
may revoke, rescind, or conditionally suspend authorization to conduct
any business, including its use as a hotel, if it has been
demonstrated to the Commission that such hotel has systematically
condoned, sanctioned, or allowed criminal activities, including, but
not limited to prostitution, the sale or use of illegal drugs, or the
fencing of stolen property on such premises.

JUSTIFICATION:

With the possibility that hotels located in Bronx County may
ultimately become economically unviable as bona fide hotels and then
converted into hotels, or lodging establishments that condone,
sanction or allow criminal activities such as prostitution, the sale
or use of illegal drugs or the fencing of stolen property, it is
important that members of the local community and representatives of
the local community board receive notice of such proposed hotels.
Further, that such persons 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
hotels before they are built

This bill, while understanding the need to establish new bona fide
hotels to serve the residents of the Bronx in Bronx County, would like
to foster the construction of bona fide financially viable hotels that
will not ultimately become sites or lodging establishment that condone
or sanction prostitution, illegal drug sales and use, or a forum to
fence stolen goods. This is so that the potential adverse impacts
associated with such hotels that fall on hard times will not be borne
by residents of Bronx County nor increase criminal activity.  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 hotels in Bronx
County and that the locally impacted community be accorded due process
so that they can comment on such hotels before they are established.

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.