S T A T E O F N E W Y O R K
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2553--B
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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Introduced by M. of A. BENEDETTO, CRESPO, SEPULVEDA, BRAUNSTEIN, MOYA,
SIMOTAS, DenDEKKER, DINOWITZ, GJONAJ, MILLER, MOSLEY, SIMANOWITZ,
PICHARDO, GOLDFEDER, MARKEY, BLAKE -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Cities in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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 facil-
ity or center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 25-111-a to read as follows:
S 25-111-A CITY PLANNING COMMISSION TO REGULATE THE LOCATION AND
CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT
THE LOCATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES OR PLANS OF
OPERATION FOR SUCH FACILITIES AND CENTERS. ADDITIONALLY, UPON PASSAGE
AND FILING WITH SUCH COMMISSION OF A RESOLUTION BY THE COMMUNITY BOARD
IN WHICH A FACILITY OR CENTER IS LOCATED, THE CITY PLANNING COMMISSION
MAY SET THE CONDITIONS FOR THE RENEWAL OF A LEASE OR PLAN OF OPERATION
OF SUCH FACILITY OR CENTER.
B. FOR THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
THE STATE, THE CITY, OR A NOT-FOR-PROFIT ORGANIZATION, WHICH PROVIDES
HOUSING ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
FIFTY OR MORE NON-RESIDENT CLIENTS PER DAY WHO HAVE MENTAL ILLNESS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04367-05-6
A. 2553--B 2
CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS FOR THE HOME-
LESS.
C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE ESTABLISHMENT
OR LOCATION, OR, UPON PASSAGE AND FILING WITH SUCH COMMISSION OF A
RESOLUTION BY THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY OR
CENTER IS LOCATED, THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
OPERATION, OF A SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER
UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
D. NO SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER SHALL BE
ESTABLISHED OR LOCATED IN THE CITY, NOR, PURSUANT TO SUBDIVISION H OF
THIS SECTION, SHALL THE LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION
OF SUCH A FACILITY OR CENTER BE RENEWED, UNTIL THE OPERATOR THEREOF
SHALL HAVE FILED NOTICE OF SUCH PROPOSED OR EXISTING SUPPORTIVE HOUSING
FACILITY OR SOCIAL SERVICES CENTER WITH THE CITY PLANNING COMMISSION AND
THE COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILITY OR CENTER IS
PROPOSED TO BE LOCATED OR IS LOCATED. SUCH NOTICE SHALL CONTAIN A
DESCRIPTION OF THE SCOPE, NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS
TO BE PROVIDED, THE SPECIFIC ADDRESS OF THE FACILITY OR CENTER, THE
NUMBER OF ANTICIPATED RESIDENTS OR CLIENTS, THE ENTITIES THAT FINANCE
ITS ESTABLISHMENT OR OPERATIONS, AND THE AMOUNT OF FINANCING ISSUED TO
ESTABLISH AND OPERATE SUCH FACILITY OR CENTER STATED AS BOTH A SPECIFIC
DOLLAR AMOUNT AND AS A PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED
TO ESTABLISH AND OPERATE SUCH FACILITY OR CENTER.
E. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS SECTION, THE CITY
PLANNING COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES
CENTER, OR THE CONTINUED OPERATION OF SUCH FACILITY OR CENTER UPON
RENEWAL OF THE LEASE OR CONTRACT TO FINANCE ITS OPERATION, UPON THE
COMMUNITY AND IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND
CENTERS IN THE AFFECTED COMMUNITY. SUCH IMPACT MAY INCLUDE AND RELATE
TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
ITY OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND
THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH LOCAL
COMMUNITY. THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH
COMMUNITY FORUM AND MEASURES THAT MAY HELP TO MITIGATE AGAINST ANY
ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH COMMUNITY. EVERY SUCH
FORUM SHALL BE HELD UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE
AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS TO ESTAB-
LISHING A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
THE LOCALLY IMPACTED COMMUNITY. SUCH FORUM LOCATION SHALL BE WITHIN
REASONABLE PROXIMITY OF THE PROPOSED SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER HOLDING
A COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE, MODIFY OR DENY
AUTHORIZATION OR REAUTHORIZATION FOR THE LOCATION, ESTABLISHMENT OR
CONTINUED OPERATION OF THE SUPPORTIVE HOUSING FACILITY OR SOCIAL
SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR
A. 2553--B 3
CENTER. IF SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE
COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF TIME SUCH
FACILITY OR CENTER IS AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH
APPLICATION BE DENIED, THE SPONSOR OF SUCH APPLICATION SHALL BE
PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR
OPERATION OF SUCH FACILITY OR CENTER, OR ANY SIMILAR TYPE FACILITY OR
CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
H. THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION SHALL
ONLY APPLY TO APPLICATIONS FOR THE CONTINUED OPERATION OF A SUPPORTIVE
HOUSING FACILITY OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION IF
THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY OR CENTER IS
LOCATED PASSES AND FILES WITH SUCH COMMISSION A RESOLUTION REQUESTING A
HEARING ON SUCH RENEWAL AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LEASE OR CONTRACT. UPON PASSAGE AND FILING OF
SUCH A RESOLUTION, NO SUCH FACILITY OR CENTER SHALL CONTINUE TO OPERATE
UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE COMPLIED WITH.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.