NY State Senate Bill 2017-S1990

Senate Bill S1990

2017-2018 Legislative Session

Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jan 29, 2018	amended on third reading 1990a
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.184
Jan 03, 2018	referred to cities returned to senate died in assembly
Jun 20, 2017	referred to cities delivered to assembly passed senate
Mar 23, 2017	advanced to third reading
Mar 22, 2017	2nd report cal.
Mar 21, 2017	1st report cal.482
Jan 11, 2017	referred to cities

Votes

- Jun 20, 2017 - Floor Vote
  S1990
  
  53
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (53)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (10)
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Serrano
      
      Squadron
  Jan 17, 2018 - Committee Vote
  S1990
  
  4
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jan 17, 2018
      
      aye (4)
      
      Akshar
      
      Felder
      
      Funke
      
      Jacobs
      
      nay (3)
      
      Avella
      
      Benjamin
      
      Persaud
  Mar 21, 2017 - Committee Vote
  S1990
  
  3
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 21, 2017
      
      aye (3)
      
      Akshar
      
      Funke
      
      Jacobs
      
      nay (3)
      
      Avella
      
      Persaud
      
      Serrano
      
      aye wr (1)
      
      Felder

Bill Amendments

Original

A (Active)

2017-S1990 - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-114, NYC Ad Cd; add §402-d, Pub Hous L
Versions Introduced in 2015-2016 Legislative Session:: S5658

2017-S1990 - Summary

Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects.

2017-S1990 - Sponsor Memo

                                 BILL NUMBER:  S1990

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York and the public housing law, in relation to establishing
the New York city housing authority repair certificate program

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation establishes the New York City Housing Authority
(NYCHA) Repair Certificate Program in order to provide additional
resources for the repair and rehabilitation of NYCHA properties by
providing developers with a zoning bonus in exchange for them
contracting with NYCHA to conduct necessary repairs.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends the administrative code of the city of
New York by adding a new section 25-114 that creates the New York city
housing authority repair certificate program. The City planning
commission, in cooperation with NYCHA, will establish the program.
The program will allow developers with projects in areas being upzoned
for development to apply to the commission for an floor area ratio
(FAR) bonus for a project. The commission shall determine the value of
the requested bonuses to the developers. The commission shall grant
the FAR bonus for a project after the developer has received the NYCHA
repair certificate from the Housing authority.  Ownership of these

certificates is transferable.

Section two of the bill amends the public housing law by adding a new
section 402-d that establishes the guidelines for setting up the NYCHA
repair certificate. NYCHA, in consultation with the New York city
planning commission will establish the guidelines for the program.

Certificates shall not be issued for work that would constitute
regular maintenance. Certificates can only be awarded for work that
constitutes capital repairs of projects. NYCHA shall establish an
office to administer the program. This office shall create a list of
capital repair projects and set their value and prioritize the
projects based on the urgency or importance of these capital repairs.

A developer can apply for a NYCHA repair certificate and NYCHA will,
upon ten days of applying, provide them with a list of repair projects
that are equal in value to the sought after bonus. The list will
prioritize projects based on their urgency and give priority to
projects within the same neighborhood as the project that would gain a
bonus. The applicant then has thirty days to submit which projects
they would conduct, an estimate from the developer of the cost of
completing the project and a timeline for completion. NYCHA can, upon
review, ask for a revised cost estimate and plan from the developer.

The developer can submit a revised application. If NYCHA fails to
accept this application then it must provide a developer with a reason
in writing. If NYCHA accept the application, the developer will be
awarded a certificate upon the completion of the agreed upon repair
project.

Section three of this bill sets an effective date.

 JUSTIFICATION :

NYCHA is the largest housing authority in the United States, and its
over 179,000 units are home to more than 400,000 New Yorkers.
Unfortunately, conditions at many NYCHA developments are deplorable.
NYCHA has been called the worst landlord in NYC. A recent report by
the NYC Comptroller found that more than a third of all NYCHA units
had some form of deficiency. The latest NYC Housing and Vacancy Survey
found that more than 30% of NYCHA units experience water leaks, and
more than a quarter had suffered from breakdowns in heating equipment.
Not only were conditions at NYCHA apartments worse than those for any
other class of housing stock in NYC, but these figures represented a
worrying decline in the quality of NYCHA housing over the past few
years.

NYCHA needs fiscal assistance to fix these problems. The federal
government is the main source of support for capital needs at NYCHA,
but this support has been declining over the past few years as the
federal government cuts back on funds available for public housing.
Most NYCHA development are more than four decades old, and a long term
underinvestment in its stock has created a massive capital needs gap.
NYCHA currently estimates that unmet capital needs are close to $18
billion.

One way in which the massive capital needs of NYCHA can be met is by
giving private developers a stake in making resources available for
the repair of NYCHA developments. One way this can be done is through
the creation of a certificate program that will give developers a
bonus on the size of the development they can carry out in areas being
upzoned in return for conducting repairs of NYCHA projects. The New
York City Planning Commission and NYCHA will work together to create
such a program. NYCHA would create a list of necessary capital repair
projects while the Planning Commission will be responsible for setting
the value of possible FAR bonuses. NYCHA would provide certificates to
developers once they completed repairs. Ownership of these repair
certificates is transferable.

 PRIOR LEGISLATIVE HISTORY :

2015/2016 - S. 5658 - in Senate Cities Committee

 FISCAL IMPLICATIONS :

none

 EFFECTIVE DATE :
This act shall take effect on the hundred eightieth day after it shall
have become a law; provided however that effective immediately, the
addition, amendment and/or repeal of any rule or regulation
necessary-for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

2017-S1990 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the city of New York and  the
   public  housing  law,  in  relation  to establishing the New York city
   housing authority repair certificate program

   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 25-114 to read as follows:
   § 25-114 NEW YORK CITY HOUSING AUTHORITY REPAIR  CERTIFICATE  PROGRAM.
 A.  THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
 ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION  WITH  THE  NEW
 YORK  CITY  HOUSING  AUTHORITY.  UNDER  SUCH  PROGRAM, THE CITY PLANNING
 COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS  WHICH  INCREASE
 THE  ALLOWABLE  DEVELOPMENT  IN AREAS COVERED BY A NEW YORK CITY HOUSING
 AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT  TO  SECTION  FOUR  HUNDRED
 TWO-D OF THE PUBLIC HOUSING LAW.
   B.  THE  CITY  PLANNING  COMMISSION  SHALL FOR EACH APPLICATION FOR AN
 AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT  VALUE  OF  ANY
 NEW  YORK  CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
 COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA  RATIO  THAT
 MAY  BE  GRANTED  TO  THE  HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
 AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
 IN THE CONSUMER PRICE INDEX FOR HOUSING  COSTS  IN  THE  NEW  YORK  CITY
 METROPOLITAN AREA.
   C.  A  DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
 NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY  HOUS-
 ING  AUTHORITY  REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
 TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
 OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT  TO
 THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07792-01-7

 S. 1990                             2
 
 GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
 ITY.
   D.  UPON  CERTIFICATION  BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
 DEVELOPER HAS BEEN AWARDED  A  REPAIR  CERTIFICATE,  THE  CITY  PLANNING
 COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
 TO THIS SECTION.
   E.  THE  TRANSFER  OF  A  CERTIFICATE MUST BE REGISTERED WITH THE CITY
 PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
   § 2. The public housing law is amended by adding a new  section  402-d
 to read as follows:
   §  402-D. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
 AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY  PLANNING  COMMISSION,
 SHALL  ESTABLISH  PROCEDURES  AND  GUIDELINES FOR THE AWARDING OF REPAIR
 CERTIFICATES BY SUCH  AUTHORITY  TO  DEVELOPERS  WHICH  PERFORM  CAPITAL
 REPAIRS  TO  A  PROJECT  OPERATED  BY THE AUTHORITY. NO SUCH CERTIFICATE
 SHALL BE AWARDED BASED UPON THE PERFORMANCE  OF  ANY  WORK  WHICH  WOULD
 CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
 ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-
 SION  SHALL  PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
 OF CAPITAL REPAIR PROJECTS.
   2. THERE SHALL BE  ESTABLISHED,  WITHIN  THE  NEW  YORK  CITY  HOUSING
 AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
 TER  THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS OF
 REPAIR PROJECTS, TO AUTHORITY FACILITIES, WHICH SHALL  BE  ELIGIBLE  FOR
 THE  REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH REPAIR
 PROJECT, AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS  URGENCY
 AND/OR IMPORTANCE.
   3.  THE  OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE EACH APPLICATION
 FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
 C OF SECTION 25-114 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.
 WITHIN  TEN  DAYS  OF RECEIVING AN APPLICATION, THE OFFICE SHALL CONTACT
 THE APPLICANT AND PROVIDE IT WITH A LIST  OF  ELIGIBLE  REPAIR  PROJECTS
 EQUAL  IN  VALUE  TO THE BENEFIT TO BE PROVIDED TO SUCH APPLICANT BY THE
 CITY PLANNING COMMISSION. SUCH LIST SHALL, TO  THE  EXTENT  PRACTICABLE,
 INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
 INCLUDED  IN  THE  AREA  TO  WHICH THE REQUESTED AMENDMENT TO THE ZONING
 RESOLUTION RELATES, REGARDLESS OF  THE  IMPORTANCE  OR  URGENCY  OF  THE
 REPAIR  PROJECT.  PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE REPAIR PROJECTS
 EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
 PRIORITY.
   4. UPON RECEIPT OF A LIST FROM THE OFFICE,  AN  APPLICANT  MUST  REPLY
 WITHIN  THIRTY  DAYS.  IF  THE APPLICANT FAILS TO DO SO, ITS APPLICATION
 SHALL BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE  DESIGNATION
 OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
 CANT'S  ESTIMATE  OF  THE  COST  OF COMPLETING THE REPAIR PROJECT, AND A
 TIMELINE FOR THE COMPLETION OF THE PROJECT.
   5. THE OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN  DAYS  OF
 RECEIVING  AN  APPLICANT'S  REPLY,  REVIEW  THE  COSTS  AND PROJECT PLAN
 SUBMITTED, AND EITHER APPROVE OR DISAPPROVE SUCH  REPLY.  IF  AN  APPLI-
 CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
 A  NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE. UPON
 A SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION  WITHIN
 FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
 THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
   6.  FOR  ANY  REPAIR  PROJECT  PLAN  THAT IS APPROVED BY THE OFFICE OF
 REPAIR  CERTIFICATION  WHERE  THE  APPLICANT'S  ESTIMATED  COST  THEREOF

 S. 1990                             3
 
 EXCEEDS  THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH OFFICE
 SHALL PROVIDE NOTICE TO THE CITY PLANNING  COMMISSION  THAT  THE  ZONING
 VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
   7.  UPON  COMPLETION  OF THE AGREED UPON REPAIR PROJECT OR PROJECTS BY
 THE APPLICANT, THE OFFICE SHALL AWARD THE  APPLICANT  A  CERTIFICATE  OF
 COMPLETION  AND  PROVIDE  A COPY THEREOF TO THE CITY PLANNING COMMISSION
 WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

2017-S1990A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-114, NYC Ad Cd; add §402-d, Pub Hous L
Versions Introduced in 2015-2016 Legislative Session:: S5658

2017-S1990A (ACTIVE) - Summary

Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects.

2017-S1990A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1990A

SPONSOR: KLEIN
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York and the public housing law, in relation to establishing the New
York city housing authority repair certificate program

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation establishes the New York City Housing Authority (NYCHA)
Repair Certificate Program in order to provide additional resources for
the repair and rehabilitation of NYCHA properties by providing develop-
ers with a zoning bonus in exchange for them contracting with NYCHA to
conduct necessary repairs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the administrative code of the city of
New York by adding a new section 25-116 that creates the New York city
housing authority repair certificate program. The City planning commis-
sion, in cooperation with NYCHA, will establish the program.  The

program will allow developers with projects in areas being upzoned for
development to apply to the commission for an floor area ratio (FAR)
bonus for a project. The commission shall determine the value of the
requested bonuses to the developers. The commission shall grant the FAR
bonus for a project after the developer has received the NYCHA repair
certificate from the Housing authority.  Ownership of these certificates
is transferable.

Section two of the bill amends the public housing law by adding a new
section 402-d that establishes the guidelines for setting up the NYCHA
repair certificate. NYCHA, in consultation with the New York city plan-
ning commission will establish the guidelines for the program.

Certificates shall not be issued for work that would constitute regular
maintenance. Certificates can only be awarded for work that constitutes
capital repairs of projects. NYCHA shall establish an office to adminis-
ter the program. This office shall create a list of capital repair
projects and set their value and prioritize the projects based on the
urgency or importance of these capital repairs.

A developer can apply for a NYCHA repair certificate and NYCHA will,
upon ten days of applying, provide them with a list of repair projects
that are equal in value to the sought after bonus. The list will prior-
itize projects based on their urgency and give priority to projects
within the same neighborhood as the project that would gain a bonus. The
applicant then has thirty days to submit which projects they would
conduct, an estimate from the developer of the cost of completing the
project and a timeline for completion. NYCHA can, upon review, ask for a
revised cost estimate and plan from the developer.

The developer can submit a revised application. If NYCHA fails to accept
this application then it must provide a developer with a reason in writ-
ing. If NYCHA accept the application, the developer will be awarded a
certificate upon the completion of the agreed upon repair project.

Section three of this bill sets an effective date.

 
JUSTIFICATION:
NYCHA is the largest housing authority in the United States, and its
over 179,000 units are home to more than 400,000 New Yorkers.  Unfortu-
nately, conditions at many NYCHA developments are deplorable.  NYCHA has
been called the worst landlord in NYC. A recent report by the NYC Comp-
troller found that more than a third of all NYCHA units had some form of
deficiency. The latest NYC Housing and Vacancy Survey found that more
than 30% of NYCHA units experience water leaks, and more than a quarter
had suffered from breakdowns in heating equipment. Not only were condi-
tions at NYCHA apartments worse than those for any other class of hous-
ing stock in NYC, but these figures represented a worrying decline in
the quality of NYCHA housing over the past few years.

NYCHA needs fiscal assistance to fix these problems. The federal govern-
ment is the main source of support for capital needs at NYCHA, but this
support has been declining over the past few years as the federal
government cuts back on funds available for public housing.  Most NYCHA
development are more than four decades old, and a long term underinvest-
ment in its stock has created a massive capital needs gap. NYCHA
currently estimates that unmet capital needs are close to $18 billion.

One way in which the massive capital needs of NYCHA can be met is by
giving private developers a stake in making resources available for the
repair of NYCHA developments. One way this can be done is through the
creation of a certificate program that will give developers a bonus on
the size of the development they can carry out in areas being upzoned in
return for conducting repairs of NYCHA projects. The New York City Plan-
ning Commission and NYCHA will work together to create such a program.
NYCHA would create a list of necessary capital repair projects while the
Planning Commission will be responsible for setting the value of possi-
ble FAR bonuses. NYCHA would provide certificates to developers once
they completed repairs. Ownership of these repair certificates is trans-
ferable.

This bill was amended in 2018 up-date the statutory reference in the
bill for the Administrative Code of the City of New York

 
PRIOR LEGISLATIVE HISTORY:

2015/2016 - S. 5658 - in Senate Cities Committee

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the hundred eightieth day after it shall
have become a law; provided however that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary-
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

2017-S1990A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1990--A
     Cal. No. 184
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities --  recommitted  to
   the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN ACT to amend the administrative code of the city of New York and  the
   public  housing  law,  in  relation  to establishing the New York city
   housing authority repair certificate program
 
   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 25-116 to read as follows:
   § 25-116 NEW YORK CITY HOUSING AUTHORITY REPAIR  CERTIFICATE  PROGRAM.
 A.  THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
 ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION  WITH  THE  NEW
 YORK  CITY  HOUSING  AUTHORITY.  UNDER  SUCH  PROGRAM, THE CITY PLANNING
 COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS  WHICH  INCREASE
 THE  ALLOWABLE  DEVELOPMENT  IN AREAS COVERED BY A NEW YORK CITY HOUSING
 AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT  TO  SECTION  FOUR  HUNDRED
 TWO-D OF THE PUBLIC HOUSING LAW.
   B.  THE  CITY  PLANNING  COMMISSION  SHALL FOR EACH APPLICATION FOR AN
 AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT  VALUE  OF  ANY
 NEW  YORK  CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
 COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA  RATIO  THAT
 MAY  BE  GRANTED  TO  THE  HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
 AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
 IN THE CONSUMER PRICE INDEX FOR HOUSING  COSTS  IN  THE  NEW  YORK  CITY
 METROPOLITAN AREA.
   C.  A  DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
 NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY  HOUS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07792-02-8

 S. 1990--A                          2
 
 ING  AUTHORITY  REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
 TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
 OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT  TO
 THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE
 GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
 ITY.
   D.  UPON  CERTIFICATION  BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
 DEVELOPER HAS BEEN AWARDED  A  REPAIR  CERTIFICATE,  THE  CITY  PLANNING
 COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
 TO THIS SECTION.
   E.  THE  TRANSFER  OF  A  CERTIFICATE MUST BE REGISTERED WITH THE CITY
 PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
   § 2. The public housing law is amended by adding a new  section  402-d
 to read as follows:
   §  402-D. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
 AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY  PLANNING  COMMISSION,
 SHALL  ESTABLISH  PROCEDURES  AND  GUIDELINES FOR THE AWARDING OF REPAIR
 CERTIFICATES BY SUCH  AUTHORITY  TO  DEVELOPERS  WHICH  PERFORM  CAPITAL
 REPAIRS  TO  A  PROJECT  OPERATED  BY THE AUTHORITY. NO SUCH CERTIFICATE
 SHALL BE AWARDED BASED UPON THE PERFORMANCE  OF  ANY  WORK  WHICH  WOULD
 CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
 ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-
 SION  SHALL  PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
 OF CAPITAL REPAIR PROJECTS.
   2. THERE SHALL BE  ESTABLISHED,  WITHIN  THE  NEW  YORK  CITY  HOUSING
 AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
 TER  THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS OF
 REPAIR PROJECTS, TO AUTHORITY FACILITIES, WHICH SHALL  BE  ELIGIBLE  FOR
 THE  REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH REPAIR
 PROJECT, AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS  URGENCY
 AND/OR IMPORTANCE.
   3.  THE  OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE EACH APPLICATION
 FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
 C OF SECTION 25-116 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.
 WITHIN  TEN  DAYS  OF RECEIVING AN APPLICATION, THE OFFICE SHALL CONTACT
 THE APPLICANT AND PROVIDE IT WITH A LIST  OF  ELIGIBLE  REPAIR  PROJECTS
 EQUAL  IN  VALUE  TO THE BENEFIT TO BE PROVIDED TO SUCH APPLICANT BY THE
 CITY PLANNING COMMISSION. SUCH LIST SHALL, TO  THE  EXTENT  PRACTICABLE,
 INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
 INCLUDED  IN  THE  AREA  TO  WHICH THE REQUESTED AMENDMENT TO THE ZONING
 RESOLUTION RELATES, REGARDLESS OF  THE  IMPORTANCE  OR  URGENCY  OF  THE
 REPAIR  PROJECT.  PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE REPAIR PROJECTS
 EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
 PRIORITY.
   4. UPON RECEIPT OF A LIST FROM THE OFFICE,  AN  APPLICANT  MUST  REPLY
 WITHIN  THIRTY  DAYS.  IF  THE APPLICANT FAILS TO DO SO, ITS APPLICATION
 SHALL BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE  DESIGNATION
 OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
 CANT'S  ESTIMATE  OF  THE  COST  OF COMPLETING THE REPAIR PROJECT, AND A
 TIMELINE FOR THE COMPLETION OF THE PROJECT.
   5. THE OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN  DAYS  OF
 RECEIVING  AN  APPLICANT'S  REPLY,  REVIEW  THE  COSTS  AND PROJECT PLAN
 SUBMITTED, AND EITHER APPROVE OR DISAPPROVE SUCH  REPLY.  IF  AN  APPLI-
 CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
 A  NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE. UPON
 A SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION  WITHIN

 S. 1990--A                          3
 
 FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
 THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
   6.  FOR  ANY  REPAIR  PROJECT  PLAN  THAT IS APPROVED BY THE OFFICE OF
 REPAIR  CERTIFICATION  WHERE  THE  APPLICANT'S  ESTIMATED  COST  THEREOF
 EXCEEDS  THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH OFFICE
 SHALL PROVIDE NOTICE TO THE CITY PLANNING  COMMISSION  THAT  THE  ZONING
 VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
   7.  UPON  COMPLETION  OF THE AGREED UPON REPAIR PROJECT OR PROJECTS BY
 THE APPLICANT, THE OFFICE SHALL AWARD THE  APPLICANT  A  CERTIFICATE  OF
 COMPLETION  AND  PROVIDE  A COPY THEREOF TO THE CITY PLANNING COMMISSION
 WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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