Senate Bill S8112

2015-2016 Legislative Session

Requires the New York city department of homeless services to hold a public community forum prior to approving the location or continued operation of a supportive housing facility

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2016	referred to rules

co-Sponsors

2015-S8112 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §21-317, NYC Ad Cd

2015-S8112 (ACTIVE) - Summary

Requires the New York city department of homeless services to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

2015-S8112 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8112

 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 renewal of the lease or operation of such facility

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose 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 certain proposed projects before they are constructed or
established and enable them to offer comments to the New York City
Department of Homeless Services, (the Department)before any new
"supportive housing facilities", such as temporary or permanent
homeless shelters, 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,
upon the adoption of a resolution of the local community board, 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 21-317 to the Administrative Code of the

City of New York that relates to powers of the New York City
Department of Homeless Services.

Under this proposal, before any "supportive housing facility" can be
established in New York City, the operator of such facility must file
notice of such housing facility proposal with the Department 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 Department
shall hold a public community forum to obtain public and community
board input concerning the anticipated impact of such proposed
supportive housing facility. In addition, such notice and public forum
procedures shall also apply, upon the adoption of a resolution of the
community board, 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 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 in temporary or permanent shelters for the homeless.

At such community forum, the Department 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. 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 Department, 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 Department, 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
may suggest an alternative location for such facility. The Department
shall give particular attention to if the establishment of such
facility will create an over concentration of such facilities 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 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", such as
temporary and permanent homeless shelters , 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, but for those same facilities that are being reauthorized
for operation or in which the financing of such programs is to be
extended. Such public forums for a renewal of a lease of a facility
shall only occur if the applicable community board adopts a resolution
requesting such a community forum.

In addition, the siting of such facilities 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 and Queens County. This bill, while understanding the need to
establish such facilities, 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.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

This bill does require the conduct of meaningful public forums and
this will have minimal fiscal impacts on the operation of the NYC
Planning Commission.

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

2015-S8112 (ACTIVE) - Bill Text download pdf

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

                                  8112

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to the location of supportive housing facilities and renewal
  of the lease or operation of such facility

  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 21-317 to read as follows:
  S 21-317 DEPARTMENT TO CONDUCT A HEARING ON THE LOCATION AND CONTINUED
OPERATION OF SUPPORTIVE HOUSING  FACILITIES.  A.  THE  DEPARTMENT  SHALL
REGULATE  AND MAY RESTRICT THE LOCATION OF SUPPORTIVE HOUSING FACILITIES
AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES OR PLANS  OF  OPERATION
FOR  SUCH  FACILITIES.    ADDITIONALLY, UPON PASSAGE AND FILING WITH THE
DEPARTMENT OF A RESOLUTION BY THE COMMUNITY BOARD IN WHICH A FACILITY IS
LOCATED, THE DEPARTMENT MAY SET THE CONDITIONS  FOR  THE  RENEWAL  OF  A
LEASE OR PLAN OF OPERATION OF SUCH FACILITY.
  B.  FOR  THE  PURPOSES  OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY"
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 IN TEMPORARY OR PERMANENT SHELTERS FOR THE HOMELESS.
  C. THE DEPARTMENT SHALL NOT AUTHORIZE THE ESTABLISHMENT  OR  LOCATION,
OR,  UPON  PASSAGE AND FILING WITH THE DEPARTMENT OF A RESOLUTION BY THE
COMMUNITY BOARD OF THE LOCALITY IN WHICH  A  FACILITY  IS  LOCATED,  THE
RENEWAL  OF  THE  LEASE  OR  A  CONTRACT  TO FINANCE THE OPERATION, OF A
SUPPORTIVE HOUSING FACILITY UNTIL THE PROVISIONS OF  THIS  SECTION  HAVE
BEEN COMPLIED WITH.
  D.  NO  SUPPORTIVE HOUSING FACILITY 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 BE
RENEWED, UNTIL THE OPERATOR THEREOF SHALL  HAVE  FILED  NOTICE  OF  SUCH
PROPOSED OR EXISTING SUPPORTIVE HOUSING FACILITY WITH THE DEPARTMENT AND
THE  COMMUNITY  BOARD OF THE LOCALITY IN WHICH SUCH FACILITY IS PROPOSED
TO BE LOCATED OR IS LOCATED.  SUCH NOTICE SHALL CONTAIN A DESCRIPTION OF

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

                                                           LBD15868-01-6

S. 8112                             2

THE SCOPE, NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS TO BE  PROVIDED,
THE  SPECIFIC  ADDRESS  OF THE FACILITY, THE NUMBER OF ANTICIPATED RESI-
DENTS OR CLIENTS, THE ENTITIES THAT FINANCE ITS ESTABLISHMENT  OR  OPER-
ATIONS, AND THE AMOUNT OF FINANCING ISSUED TO ESTABLISH AND OPERATE SUCH
FACILITY  STATED AS BOTH A SPECIFIC DOLLAR AMOUNT AND AS A PERCENTAGE OF
THE TOTAL AMOUNT OF ALL MONEYS USED TO ESTABLISH AND OPERATE SUCH FACIL-
ITY.
  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 DEPART-
MENT  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 THE CONTINUED OPERATION OF
SUCH FACILITY UPON RENEWAL OF THE LEASE OR CONTRACT TO FINANCE ITS OPER-
ATION, UPON THE COMMUNITY AND IF THERE IS AN OVER CONCENTRATION OF  SUCH
FACILITIES  IN  THE  AFFECTED  COMMUNITY.    SUCH IMPACT MAY INCLUDE AND
RELATE TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH
FACILITY BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL,  AND  THE
OVER  CONCENTRATION  OF SUCH FACILITIES WITHIN SUCH LOCAL COMMUNITY. THE
DEPARTMENT SHALL AFFORD COMMUNITY MEMBERS, REPRESENTATIVES OF THE  LOCAL
COMMUNITY BOARD, LOCAL BUSINESSES AND RESIDENTS 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  DEPARTMENT  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 ESTABLISHING
A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR THE LOCAL-
LY  IMPACTED  COMMUNITY.  SUCH FORUM LOCATION SHALL BE WITHIN REASONABLE
PROXIMITY OF THE PROPOSED SUPPORTIVE HOUSING FACILITY  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 DEPARTMENT SHALL, AFTER DUE CONSIDERATION  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 SUGGEST AN ALTERNATIVE LOCATION
FOR SUCH FACILITY. IF SUCH APPLICATION  IS  APPROVED  OR  MODIFIED  UPON
APPROVAL,  THE COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH
OF TIME SUCH FACILITY 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 ANY SIMILAR TYPE FACILITY, 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 PURSUANT TO THIS SECTION IF THE COMMUNITY BOARD OF  THE
LOCALITY  IN  WHICH  A  FACILITY  IS  LOCATED  PASSES AND FILES WITH THE
DEPARTMENT 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
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.

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Senate Bill S8112

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Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2015-S8112 (ACTIVE) - Details

2015-S8112 (ACTIVE) - Summary

2015-S8112 (ACTIVE) - Sponsor Memo

2015-S8112 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

Joseph P. Addabbo Jr.

2015-S8112 (ACTIVE) - Details

2015-S8112 (ACTIVE) - Summary

2015-S8112 (ACTIVE) - Sponsor Memo

2015-S8112 (ACTIVE) - Bill Text download pdf

Comments