NY State Senate Bill 2017-S8725

Archive: Last Bill Status - In Senate Committee Cities 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
May 10, 2018	referred to cities

2017-S8725 (ACTIVE) - Details

See Assembly Version of this Bill:: A10355
Current Committee:: Senate Cities
Law Section:: General Municipal Law
Laws Affected:: Amd §§693, 694 & 695, Gen Muni L

2017-S8725 (ACTIVE) - Summary

Extends provisions of law relating to urban development action areas from June 30, 2018 until June 30, 2021.

2017-S8725 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8725

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to urban develop-
ment action areas

 
SUMMARY OF PROVISIONS:

Existing provisions of Article 16 of the General Municipal Law authorize
expedited land use review of Urban Development Action Area Projects
(UDAAP) for low-income residential rental developments for seniors and
the disabled that are funded by the federal government (commonly known
as Section 202 and Section 811 housing) until June 30, 2018. This bill
would continue to allow Section 202 and Section 811 housing units to be
subject to the UDAAP accelerated review process until June 30, 2021.

 
REASONS FOR SUPPORT:

This bill would strongly assist in the development of federally financed

housing for low-income elderly and disabled persons by continuing to
make such developments eligible for expedited land use review. Under
Section 202, the Supportive Housing for the Elderly Program, and Section
811, the Supportive Housing for Persons with Disabilities Program, not-
for-profit sponsors purchase City-owned land and construct new multiple
dwellings with financing from the United States Department of Housing
and Urban Development (HUD). The completed buildings provide rental
housing for elderly or disabled persons of low income and receive oper-
ating subsidies from HUD. Since 2002, HUD has financed over 2,800 units
of Section 202 and Section 811 housing in New York City.

Over 95% of these units were allocated to the low-income elderly. As a
general rule, the sale of City-owned land for such projects is subject
to the Uniform Land Use Review Procedure (ULURP), which can take as long
as 11 months to complete and delays the availability of affordable hous-
ing for these vulnerable populations. Expedited land use review under
the UDAAP provisions in Article 16 of the General Municipal Law, howev-
er, can take as little as 90 days.

For federally funded Section 202 and Section 811 developments, the
difference between getting approval in 90 days compared to 11 months can
be significant. Once the competitive funding for these HUD developments
is allocated, the timeframes for completion cannot be renegotiated. A
lengthy approval process can quickly result in rising costs, requiring
the City to find additional funds from other sources to cover the
delay-caused overruns. This, in turn, stretches out the development
process even longer. Continuing to allow land use review of Section 202
and Section 811 developments to proceed under UDAAP shortens the
approval process while still maintaining the City Council's full land
use review authority, and will help to ensure the timely and successful
completion of these important housing developments.

The ability to accelerate the land use approval process of these devel-
opments will sunset on June 30, 2018. This legislation extends such date
until June 30, 2021. No more than 6 such developments annually will be
subject to this expedited land use process and developments subject to
this authority cannot exceed 90 dwelling units.

2017-S8725 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8725
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the general municipal law, in relation to urban develop-
   ment action areas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  693  of the general municipal law, as amended by
 chapter 36 of the laws of 2015, is amended to read as follows:
   § 693. Area designation. An urban development  action  area  shall  by
 resolution  be  designated  by  the governing body, or by the commission
 where so authorized to act by the governing body, on its own  initiative
 or upon recommendation of the agency, provided at least sixty percent of
 such area is an eligible area. Any such designation shall be in conform-
 ance  with the standards and procedures required for all land use deter-
 minations  pursuant  to  general,  special  or  local  law  or  charter.
 Provided,  however,  that  if  a  proposed urban development action area
 project is to be developed on an eligible area and  consists  solely  of
 the  rehabilitation  or  conservation  of  existing  private or multiple
 dwellings or the construction of one to four unit  dwellings  or,  until
 June  thirtieth, two thousand [eighteen] TWENTY-ONE, for up to six urban
 development action area projects in any calendar year, the  construction
 of  up  to  ninety dwelling units financed by the federal government and
 restricted to occupancy by the elderly or by persons  with  disabilities
 without  any change in land use permitted by local zoning, the governing
 body, or the commission where so authorized  to  act  by  the  governing
 body, may waive the area designation requirement.
   §  2.  Subdivision  5  of section 694 of the general municipal law, as
 amended by chapter 36 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   5.  Any  approval of an urban development action area project shall be
 in conformance with the standards and procedures required for  all  land
 use determinations pursuant to general, special or local law or charter.
 In a city having a population of one million or more, the governing body
 may  require  that the agency incorporate into the project any or all of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15462-01-8

 S. 8725                             2
 
 the following: (i) the proposed number of residential units; (ii) wheth-
 er such units are home ownership units, rental units or  condominium  or
 cooperative units; (iii) a best estimate of the initial rents or selling
 prices for such units; (iv) the proposed income restrictions, if any, on
 renters  or  purchasers  of  such  units; and (v) the basis on which the
 consideration for the sale or lease of the property is to be determined.
 Provided, however, that if the proposed urban  development  action  area
 project  consists solely of the rehabilitation or conservation of exist-
 ing private or multiple dwellings or the construction  of  one  to  four
 unit  dwellings  or, until June thirtieth, two thousand [eighteen] TWEN-
 TY-ONE, for up to six urban development  action  area  projects  in  any
 calendar  year, the construction of up to ninety dwelling units financed
 by the federal government and restricted to occupancy by the elderly  or
 by persons with disabilities without any change in land use permitted by
 local  zoning, the governing body, or the commission where so authorized
 to act by the governing body, may waive any such  standards  and  proce-
 dures required by local law or charter.
   §  3.  Paragraph  (d)  of  subdivision 6 of section 695 of the general
 municipal law, as amended by chapter 36 of the laws of 2015, is  amended
 to read as follows:
   (d)  Notwithstanding  any standards or procedures established for land
 disposition by general, special or local law or  charter,  if  an  urban
 development  action  area project is to be developed on an eligible area
 and consists solely of the rehabilitation or  conservation  of  existing
 private  or  multiple  dwellings or the construction of one to four unit
 dwellings or, until June thirtieth, two thousand [eighteen]  TWENTY-ONE,
 for  up  to  six  urban development action area projects in any calendar
 year, the construction of up to ninety dwelling units  financed  by  the
 federal  government  and  restricted  to  occupancy by the elderly or by
 persons with disabilities without any change in land  use  permitted  by
 local zoning, a municipality may dispose of the real property constitut-
 ing such urban development action project to any person, firm, or corpo-
 ration  qualified  pursuant  to  this  subdivision  by resolution of its
 governing body or, in any city having a population  of  one  million  or
 more,  by  action  of  the  mayor,  provided that such disposition is in
 accordance with the requirements of  this  subdivision.  Disposition  of
 real  property  acquired by condemnation shall be in accordance with the
 requirements of section four hundred six of the eminent domain procedure
 law, if applicable.
   § 4. This act shall take effect immediately; provided,  however,  that
 if  this act shall have become a law after June 30, 2018, this act shall
 take effect immediately and shall be retroactive to and deemed  to  have
 been in full force and effect on and after June 30, 2018.

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Senate Bill S8725

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2017-S8725 (ACTIVE) - Details

2017-S8725 (ACTIVE) - Summary

2017-S8725 (ACTIVE) - Sponsor Memo

2017-S8725 (ACTIVE) - Bill Text download pdf

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2017-S8725 (ACTIVE) - Details

2017-S8725 (ACTIVE) - Summary

2017-S8725 (ACTIVE) - Sponsor Memo

2017-S8725 (ACTIVE) - Bill Text download pdf

Comments