Assembly Bill A8883

2021-2022 Legislative Session

Relates to low or moderate income housing projects

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A8883 (ACTIVE) - Details

See Senate Version of this Bill:
S7635
Current Committee:
Assembly Housing
Law Section:
Public Housing Law
Laws Affected:
Add §14-a, Pub Hous L
Versions Introduced in 2023-2024 Legislative Session:
S668

2021-A8883 (ACTIVE) - Summary

Relates to low or moderate income housing projects; allows local zoning boards of appeals to approve affordable housing developments; provides for an appeals process to the division of housing and community renewal; creates a state zoning board of appeals within the division to hear such appeals

2021-A8883 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8883
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to amend the public housing law, in relation to low or moderate
   income housing projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new section
 14-a to read as follows:
   § 14-A. LOW OR MODERATE INCOME HOUSING PROJECTS. 1.  DEFINITIONS.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "LOW  OR MODERATE INCOME HOUSING" MEANS ANY HOUSING SUBSIDIZED BY
 THE FEDERAL  OR  STATE  GOVERNMENT  UNDER  ANY  PROGRAM  TO  ASSIST  THE
 CONSTRUCTION  OF LOW OR MODERATE INCOME HOUSING AS DEFINED IN THE APPLI-
 CABLE FEDERAL OR STATE STATUTE, WHETHER BUILT OR OPERATED BY ANY  PUBLIC
 AGENCY  OR  ANY NONPROFIT ORGANIZATION OR LIMITED DIVIDEND ORGANIZATION.
 FOR A HOUSING PROJECT TO QUALIFY AS "LOW OR  MODERATE  INCOME  HOUSING",
 SUCH  HOUSING  PROJECT  SHALL:  (I) HAVE AT LEAST TWENTY-FIVE PERCENT OF
 SUCH HOUSING PROJECT'S UNITS BE AFFORDABLE TO  HOUSEHOLDS  WHO  EARN  NO
 MORE  THAN  EIGHTY PERCENT OF THE AREA MEDIAN INCOME; OR (II) FOR RENTAL
 HOUSING PROJECTS, HAVE AT LEAST TWENTY PERCENT OF SUCH HOUSING PROJECT'S
 UNITS AFFORDABLE TO HOUSEHOLDS EARNING BELOW FIFTY PERCENT OF  THE  AREA
 MEDIAN INCOME.
   (B)  "UNECONOMIC"  MEANS  ANY  CONDITION  BROUGHT  ABOUT BY ANY SINGLE
 FACTOR OR COMBINATION OF FACTORS TO THE EXTENT THAT IT MAKES IT SUBSTAN-
 TIALLY UNLIKELY FOR A PUBLIC AGENCY OR NONPROFIT ORGANIZATION TO PROCEED
 IN BUILDING OR OPERATING LOW OR MODERATE INCOME HOUSING  WITHOUT  FINAN-
 CIAL  LOSS,  OR FOR A LIMITED DIVIDEND ORGANIZATION TO PROCEED AND STILL
 REALIZE A REASONABLE RETURN IN BUILDING OR OPERATING SUCH HOUSING WITHIN
 THE LIMITATIONS SET BY THE SUBSIDIZING AGENCY OF GOVERNMENT ON THE  SIZE
 OR CHARACTER OF THE DEVELOPMENT OR ON THE AMOUNT OR NATURE OF THE SUBSI-
 DY  OR  ON  THE  TENANTS,  RENTALS  AND  INCOME PERMISSIBLE, AND WITHOUT
 SUBSTANTIALLY CHANGING THE RENT LEVELS AND UNITS SIZES PROPOSED  BY  THE
 PUBLIC AGENCY, NONPROFIT ORGANIZATION, OR LIMITED DIVIDEND ORGANIZATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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