S T A T E O F N E W Y O R K
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5253--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 8, 2019
___________
Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
tee on Cities -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT making a community boards decision regarding the denial of an
application of uniform land use review procedures final and binding
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) (i) Notwithstanding any provision of law to the contra-
ry, within cities having a population of 200,000 or greater as well as
cities within all counties covered by the Emergency Tenant Protection
Act of 1974 with a population of 50,000 or greater and that have or are
governed by a land use process similar to the New York City Uniform Land
Use Review Procedure or a process otherwise involving a local community
board or its equivalent included in land use decisions, such local
community board's decision to deny any application to rezone or alter
the use and/or size, of such property shall be final and binding on any
applicant and shall constitute a final and binding denial of such appli-
cation for a rezoning or alteration of property where such application
seeks the rezoning or alteration of property use and/or size for a resi-
dential project offering for sale or rental any units to persons or
families with incomes at or above 60% of the area median income for the
zip code in which the property is located. If the rezoning or alteration
of property proposed, proposes to result in the construction of any
residential housing project offering for sale or rental any units to
persons or families with incomes at or above 60% of the area median
income for the zip code in which the property is located, the community
board's or its equivalent's denial of such application shall be final,
provided that the community board or its equivalent bases its denial of
the application on any of the following grounds:
(A) Following a public hearing and the opportunity to submit testimony
and other materials, the local community board determines that, based on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08509-07-9
A. 5253--A 2
the area median income for the zip code to which the application
pertains, any rezoning or property use alteration resulting from the
granting of the application would not result in the construction of
housing, on average, affordable to 50% or more of residents residing in
the zip code at the time of the application; for the purpose of this
subsection, housing is "affordable" if it meets the federal standard of
costing a tenant or homeowner no more than 30% of his or her income for
rent or mortgage payments, including the cost of utilities;
(B) Following a public hearing and the opportunity to submit testimony
and other materials, the local community board determines that any
rezoning or property use alteration resulting from the granting of the
application would perpetuate discriminatory housing patterns under the
standards set forth in the federal affirmatively furthering fair housing
regulation or the federal disparate impact rule;
(C) Following a public hearing and the opportunity to submit testimony
and other materials, the local community board determines that any
rezoning or property use alteration resulting from the granting of the
application would result in a net population increase of 5% or greater
within the zip code to which the application pertains and that current
public infrastructure within the zip code cannot support such a popu-
lation increase; or
(D) Following a public hearing and the opportunity to submit testimony
and other materials, the local community board determines that any
rezoning or property use alteration would result in displacement of more
than 500 residents or 100 employees working within the zip code to which
the application pertains.
(ii) For the avoidance of doubt, a local community board or its equiv-
alent shall have the power of denial with final and binding effect
created under this section only if it denies an application based upon
any of the criteria set forth above.
(b) For the purposes of this section, the area median income for a zip
code shall be established by the United States department of housing and
urban development or a successor agency.
(c) In the event the property is located in multiple zip codes, the
zip code with the lesser area median income shall be used for the
purposes of this section.
§ 2. This act shall take effect immediately and shall apply to appli-
cations received on or after such effective date.