The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7635--A
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by Sens. MAY, HOYLMAN -- read twice and ordered printed, and
   when printed to be committed to the Committee on Housing, Construction
   and Community  Development  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the public housing law, in relation to low or moderate
   income housing developments

   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 DEVELOPMENTS.  1.  DEFINITIONS.
 FOR  THE  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "LOW OR MODERATE INCOME HOUSING DEVELOPMENT"  MEANS  ANY  HOUSING,
 INCLUDING  BOTH  HOUSING  INTENDED FOR HOMEOWNERSHIP AND RENTAL, THAT IS
 SUBSIDIZED BY COUNTY, FEDERAL OR STATE GOVERNMENT UNDER ANY  PROGRAM  TO
 ASSIST  THE CONSTRUCTION OF A LOW OR MODERATE INCOME HOUSING DEVELOPMENT
 AS DEFINED IN THE APPLICABLE FEDERAL OR STATE STATUTE, WHETHER BUILT  OR
 OPERATED  BY  ANY PUBLIC AGENCY, LIMITED-DIVIDEND ORGANIZATION, OR OTHER
 PRIVATE ORGANIZATION. FOR A HOUSING DEVELOPMENT TO QUALIFY AS A "LOW  OR
 MODERATE  INCOME  HOUSING  DEVELOPMENT", SUCH HOUSING DEVELOPMENT SHALL:
 (I) HAVE AT LEAST TWENTY-FIVE  PERCENT  OF  SUCH  HOUSING  DEVELOPMENT'S
 HOUSING  UNITS  BE  AFFORDABLE, AS DETERMINED BY THE DIVISION, TO HOUSE-
 HOLDS WHO EARN NO MORE THAN EIGHTY PERCENT OF THE  AREA  MEDIAN  INCOME;
 (II)  FOR  RENTAL  HOUSING DEVELOPMENTS, HAVE AT LEAST TWENTY PERCENT OF
 SUCH HOUSING DEVELOPMENT'S HOUSING UNITS BE AFFORDABLE, AS DETERMINED BY
 THE DIVISION, TO HOUSEHOLDS EARNING BELOW  SIXTY  PERCENT  OF  THE  AREA
 MEDIAN INCOME; OR (III) IN THE CITY OF NEW YORK, BE SUBJECT TO AN ANTIC-
 IPATED  REGULATORY  AGREEMENT  WITH A CITY, STATE, OR FEDERAL GOVERNMENT
 ENTITY.
   (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 A LOW OR MODERATE INCOME HOUSING DEVELOPMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13667-12-2
 S. 7635--A                          2
 
 WITHOUT FINANCIAL LOSS, OR FOR A LIMITED-DIVIDEND ORGANIZATION OR  OTHER
 PRIVATE 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 DEVEL-
 OPMENT OR ON THE AMOUNT OR NATURE OF THE  SUBSIDY  OR  ON  THE  TENANTS,
 RENTALS  AND  INCOME PERMISSIBLE, AND WITHOUT SUBSTANTIALLY CHANGING THE
 RENT LEVELS AND UNITS SIZES PROPOSED BY THE PUBLIC AGENCY, LIMITED-DIVI-
 DEND ORGANIZATION, OR OTHER PRIVATE ORGANIZATION.
   (C) "CONSISTENT WITH REGIONAL NEEDS" MEANS REASONABLE IN VIEW  OF  THE
 REGIONAL  NEED  FOR  LOW  AND  MODERATE  INCOME HOUSING DEVELOPMENTS AND
 NECESSARY TO PROTECT THE HEALTH AND SAFETY  OF  THE  OCCUPANTS  OF  SUCH
 HOUSING,  OR  OF  THE  RESIDENTS  OF A CITY, TOWN, OR VILLAGE.   IMPACTS
 RELATED TO AESTHETICS OR COMMUNITY CHARACTER, IMPACTS RELATED TO  SCHOOL
 ENROLLMENT OR THE FISCAL COST OF PROVIDING PUBLIC SERVICES, AND ORDINARY
 IMPACTS  ON TRAFFIC AND PARKING SHALL NOT BE CONSIDERED TO AFFECT HEALTH
 OR SAFETY IN ASSESSING CONSISTENCY  WITH  REGIONAL  NEEDS,  EXCEPT  THAT
 IMPACTS  RELATED  TO  SCHOOL  ENROLLMENT  MAY  BE  CONSIDERED FOR SCHOOL
 DISTRICTS DESIGNATED BY THE COMPTROLLER AS BEING  UNDER  SIGNIFICANT  OR
 MODERATE FISCAL STRESS.
   (D)  "LOCAL BOARD" MEANS ANY CITY, TOWN, OR VILLAGE BOARD, COMMISSION,
 OFFICER OR OTHER AGENCY OR OFFICE HAVING SUPERVISION OF THE CONSTRUCTION
 OF BUILDINGS OR THE POWER OF ENFORCING MUNICIPAL BUILDING LAWS.
   (E) "LOCAL ZONING BOARD OF APPEALS" MEANS A ZONING  BOARD  OF  APPEALS
 FOR A CITY, TOWN, OR VILLAGE OPERATING PURSUANT TO ARTICLE FIVE-A OF THE
 GENERAL  CITY  LAW,  SECTION TWO HUNDRED SIXTY-SEVEN OF THE TOWN LAW, OR
 SECTION 7-712 OF THE VILLAGE LAW, OR THE NEW YORK CITY BOARD  OF  STAND-
 ARDS AND APPEALS.
   (F)  "STATE  ZONING BOARD OF APPEALS" OR "STATE BOARD" MEANS THE STATE
 ZONING BOARD OF APPEALS ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION.
   (G) "LIMITED-DIVIDEND ORGANIZATION" MEANS A  LIMITED-DIVIDEND  HOUSING
 COMPANY  ESTABLISHED  UNDER  ARTICLE FOUR OF THE PRIVATE HOUSING FINANCE
 LAW.
   (H) "PUBLIC AGENCY" SHALL MEAN ANY  COUNTY,  CITY,  TOWN,  VILLAGE  OR
 STATE GOVERNMENT BODY OR SUBDIVISION THEREOF.
   (I)  "NONPROFIT  ORGANIZATION"  SHALL  MEAN  A  CORPORATION HAVING TAX
 EXEMPT STATUS UNDER SECTION 501 (C) (3) OF THE  UNITED  STATES  INTERNAL
 REVENUE CODE.
   (J)  "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING AND COMMUNITY
 RENEWAL.
   (K) "SPECIFIC, ADVERSE IMPACT" SHALL MEAN A SIGNIFICANT, QUANTIFIABLE,
 DIRECT, AND UNAVOIDABLE IMPACT, BASED ON OBJECTIVE,  IDENTIFIED  WRITTEN
 PUBLIC  HEALTH OR SAFETY STANDARDS, POLICIES, OR CONDITIONS, WHICH SHALL
 BE FURTHER SPECIFIED BY THE DIVISION OF HOUSING  AND  COMMUNITY  RENEWAL
 VIA  RULE  AND/OR REGULATION, AS SUCH STANDARDS, POLICIES, OR CONDITIONS
 EXISTED ON THE DATE THE APPLICATION FOR A LOW OR MODERATE INCOME HOUSING
 DEVELOPMENT WAS DEEMED COMPLETE.
   (L) "HOUSING UNIT" SHALL MEAN A DWELLING, AS SUCH TERM IS  DEFINED  BY
 SECTION  FOUR  OF  THE MULTIPLE DWELLING LAW, OR AN INDIVIDUAL UNIT IN A
 MULTIPLE DWELLING, AS SUCH TERM IS DEFINED BY SECTION FOUR OF THE MULTI-
 PLE DWELLING LAW, THAT IS MAINTAINED AS A SEPARATE LIVING QUARTERS  FROM
 ANY OTHER SUCH UNITS IN SUCH MULTIPLE DWELLING.
   2.  APPLYING  TO  LOCAL  ZONING BOARDS OF APPEALS.  (A) SUBJECT TO THE
 PROVISIONS OF THIS SECTION, A PUBLIC AGENCY, LIMITED-DIVIDEND  ORGANIZA-
 TION, OR OTHER PRIVATE ORGANIZATION PROPOSING TO BUILD A LOW OR MODERATE
 INCOME  HOUSING  DEVELOPMENT  MAY  SUBMIT TO THE APPLICABLE LOCAL ZONING
 S. 7635--A                          3

 BOARD OF APPEALS, A SINGLE APPLICATION TO BUILD SUCH HOUSING DEVELOPMENT
 IN LIEU OF SEPARATE APPLICATIONS TO THE  APPLICABLE  LOCAL  BOARDS.  THE
 LOCAL ZONING BOARD OF APPEALS SHALL WITHOUT DELAY NOTIFY EACH SUCH LOCAL
 BOARD,  AS  APPLICABLE,  OF  THE FILING OF SUCH APPLICATION BY SENDING A
 COPY OF SUCH APPLICATION TO SUCH LOCAL BOARDS FOR THEIR  RECOMMENDATIONS
 AND SHALL, WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH APPLICATION, HOLD A
 PUBLIC  HEARING  ON  THE  SAME.  THE LOCAL ZONING BOARD OF APPEALS SHALL
 REQUEST THE APPEARANCE AT SUCH HEARING OF SUCH REPRESENTATIVES  OF  SUCH
 LOCAL  BOARDS  AS IT SHALL DEEM NECESSARY OR HELPFUL IN MAKING ITS DECI-
 SION UPON SUCH APPLICATION AND  SHALL  HAVE  THE  SAME  POWER  TO  ISSUE
 PERMITS  OR APPROVALS AS ANY LOCAL BOARD OR OFFICIAL WHO WOULD OTHERWISE
 ACT WITH RESPECT TO SUCH APPLICATION, INCLUDING BUT NOT LIMITED  TO  THE
 POWER  TO  ATTACH TO SUCH PERMIT OR APPROVAL CONDITIONS AND REQUIREMENTS
 WITH RESPECT TO HEIGHT, SITE PLAN, SIZE OR SHAPE, OR BUILDING  MATERIALS
 AS ARE CONSISTENT WITH THE TERMS OF THIS SECTION. THE LOCAL ZONING BOARD
 OF  APPEALS, IN MAKING ITS DECISION ON SUCH APPLICATION, SHALL TAKE INTO
 CONSIDERATION THE RECOMMENDATIONS OF THE LOCAL BOARDS AND SHALL HAVE THE
 AUTHORITY TO USE THE TESTIMONY OF CONSULTANTS. THE LOCAL ZONING BOARD OF
 APPEALS SHALL APPROVE SUCH APPLICATION UNLESS:
   (I) WRITTEN FINDINGS SUPPORTED BY A PREPONDERANCE OF THE  EVIDENCE  ON
 THE RECORD DEMONSTRATE THAT BOTH OF THE FOLLOWING CONDITIONS EXIST:
   (A) THE PROPOSED LOW OR MODERATE INCOME HOUSING DEVELOPMENT WOULD HAVE
 A SPECIFIC, ADVERSE IMPACT UPON PUBLIC HEALTH AND/OR SAFETY; AND
   (B)  THERE  IS  NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID
 THE ADVERSE IMPACT IDENTIFIED PURSUANT TO CLAUSE (A)  OF  THIS  SUBPARA-
 GRAPH,  OTHER  THAN  DENIAL  OF THE APPLICATION FOR SUCH PROPOSED LOW OR
 MODERATE INCOME HOUSING DEVELOPMENT OR THE IMPOSITION OF THE  CONDITIONS
 IMPOSED BY THE LOCAL ZONING BOARD OF APPEALS; OR
   (II)  AN  APPLICATION  IS  NOT  PERMITTED  UNDER PARAGRAPH (B) OF THIS
 SUBDIVISION.
   (B) AN APPLICATION SHALL NOT BE ELIGIBLE FOR  SUBMISSION  TO  A  LOCAL
 ZONING  BOARD  OF  APPEALS UNDER PARAGRAPH (A) OF THIS SUBDIVISION WHERE
 SUCH APPLICATION IS FOR A LOW OR MODERATE INCOME HOUSING DEVELOPMENT  TO
 BE BUILT:
   (I) IN A CITY, TOWN, OR VILLAGE HAVING A TOTAL NUMBER OF HOUSING UNITS
 THAT  ARE  DETERMINED  BY THE DIVISION TO BE INCOME-RESTRICTED AT EIGHTY
 PERCENT OF THE AREA MEDIAN INCOME, OR LOWER, REGARDLESS OF THE  TYPE  OF
 HOUSING  PROGRAM  OR SUBSIDY INVOLVED, NOT INCLUDING MARKET RATE HOUSING
 UNITS EXISTING IN THE SAME BUILDING AS ANY SUCH INCOME-RESTRICTED  HOUS-
 ING UNITS:
   (A)  EXCEEDING  FIFTEEN  PERCENT  OF THE HOUSING UNITS REPORTED IN THE
 LATEST FEDERAL DECENNIAL CENSUS OF SUCH CITY, TOWN, OR VILLAGE; OR
   (B) IN THE CASE OF THE CITY OF NEW YORK, EXCEEDING FIFTEEN PERCENT  OF
 THE HOUSING UNITS IN THE AREA COVERED BY THE APPLICABLE COMMUNITY BOARD;
 OR
   (II) IN THE CITY OF NEW YORK, WHERE THE AREA COVERED BY THE APPLICABLE
 COMMUNITY  BOARD  HAS  A  MEDIAN  INCOME  THAT  IS EQUAL TO OR BELOW ONE
 HUNDRED PERCENT THE AREA MEDIAN INCOME, AS DETERMINED BY THE DIVISION.
   (C) THE LOCAL ZONING BOARD OF APPEALS SHALL RENDER A  DECISION,  BASED
 UPON  A  MAJORITY VOTE OF SUCH BOARD, WITHIN FORTY DAYS AFTER THE TERMI-
 NATION OF THE PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION  AND,  IF
 FAVORABLE  TO  THE  APPLICANT, SHALL WITHOUT DELAY ISSUE A COMPREHENSIVE
 PERMIT OR APPROVAL.  IF SUCH DECISION RESULTS IN A DENIAL OF THE  APPLI-
 CATION  FOR  A LOW OR MODERATE INCOME HOUSING DEVELOPMENT, OR RESULTS IN
 THE  ATTACHMENT  OF  CONDITIONS  AND/OR  REQUIREMENTS  TO  A  PERMIT  OR
 APPROVAL,  A  WRITTEN  DECISION  INCLUDING  SPECIFIC  FINDINGS  BASED IN
 S. 7635--A                          4
 
 EVIDENCE SHALL BE DELIVERED TO THE APPLICANT. IF A PUBLIC HEARING IS NOT
 CONVENED OR A DECISION IS NOT RENDERED WITHIN THE TIME  ALLOWED,  UNLESS
 THE  TIME HAS BEEN EXTENDED BY MUTUAL AGREEMENT BETWEEN THE LOCAL ZONING
 BOARD  OF  APPEALS AND THE APPLICANT, THE APPLICATION SHALL BE DEEMED TO
 HAVE BEEN ALLOWED AND THE COMPREHENSIVE  PERMIT  OR  APPROVAL  SHALL  BE
 ISSUED.  ANY  PERSON AGGRIEVED BY THE ISSUANCE OF A COMPREHENSIVE PERMIT
 OR APPROVAL MAY APPEAL TO THE COURT AS PROVIDED IN ARTICLE SEVENTY-EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES.
   (D) A LOCAL ZONING BOARD OF APPEALS  SHALL  NOT  REQUIRE  ANY  TRAFFIC
 STUDIES  TO BE CONDUCTED IN ITS CONSIDERATION OF AN APPLICANT'S APPLICA-
 TION UNDER THIS SECTION, AND SHALL NOT DELAY ITS CONSIDERATION  OF  SUCH
 APPLICATION  DUE  TO  ANY  TRAFFIC STUDY CONDUCTED BY ANY OTHER STATE OR
 LOCAL ENTITY.
   (E) THE  LOCAL  ZONING  BOARD  OF APPEALS  SHALL   ADOPT   RULES,  NOT
 INCONSISTENT  WITH  THE PURPOSES OF THIS SECTION, FOR THE CONDUCT OF ITS
 BUSINESS PURSUANT TO  THIS  SECTION  AND SHALL   FILE   A COPY  OF  SUCH
 RULES WITH THE CITY, TOWN, OR VILLAGE CLERK.
   3.  RIGHT TO APPEAL TO THE STATE BOARD.  WHENEVER AN APPLICATION FILED
 UNDER SUBDIVISION TWO OF THIS SECTION IS DENIED, OR IS GRANTED WITH SUCH
 CONDITIONS AND REQUIREMENTS AS TO MAKE THE BUILDING OR OPERATION OF SUCH
 HOUSING UNECONOMIC, THE APPLICANT SHALL HAVE THE RIGHT TO APPEAL TO  THE
 STATE  BOARD FOR A REVIEW OF THE SAME. SUCH APPEAL SHALL BE TAKEN WITHIN
 TWENTY DAYS AFTER THE DATE OF THE NOTICE OF THE DECISION  BY  THE  LOCAL
 ZONING  BOARD  OF  APPEALS BY FILING WITH THE STATE BOARD A STATEMENT OF
 THE PRIOR PROCEEDINGS AND THE REASONS UPON WHICH SUCH APPEAL  IS  BASED.
 THE  STATE  BOARD  SHALL  NOTIFY  THE  APPROPRIATE LOCAL ZONING BOARD OF
 APPEALS OF THE FILING OF SUCH PETITION FOR REVIEW AND SUCH LOCAL  ZONING
 BOARD  OF  APPEALS SHALL, WITHIN TEN DAYS OF THE RECEIPT OF SUCH NOTICE,
 TRANSMIT A COPY OF ITS DECISION AND THE REASONS THEREFOR  TO  THE  STATE
 BOARD.  SUCH APPEAL SHALL BE HEARD BY THE STATE BOARD WITHIN TWENTY DAYS
 AFTER RECEIPT OF THE APPLICANT'S STATEMENT. A STENOGRAPHIC RECORD OF THE
 PROCEEDINGS SHALL BE KEPT AND THE STATE BOARD  SHALL  RENDER  A  WRITTEN
 DECISION,  BASED UPON A MAJORITY VOTE, STATING ITS FINDINGS OF FACT, ITS
 CONCLUSIONS AND THE REASONS THEREFOR WITHIN THIRTY DAYS AFTER THE TERMI-
 NATION OF THE HEARING, UNLESS SUCH TIME  SHALL  HAVE  BEEN  EXTENDED  BY
 MUTUAL  AGREEMENT BETWEEN THE STATE BOARD AND THE APPLICANT.  SUCH DECI-
 SION MAY BE REVIEWED  BY  THE  SUPREME  COURT  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THE STATE ADMINISTRATIVE PROCEDURE ACT.  THE STATE BOARD
 SHALL DENY AN APPEAL OF AN APPLICATION TO BUILD A LOW OR MODERATE INCOME
 HOUSING DEVELOPMENT UNDER THIS SUBDIVISION IF THE CITY, TOWN, OR VILLAGE
 WHERE SUCH LOW OR MODERATE INCOME HOUSING DEVELOPMENT WOULD BE BUILT HAS
 OTHERWISE INCREASED ITS PROPORTION OF OVERALL HOUSING THAT IS AFFORDABLE
 TO HOUSEHOLDS EARNING BELOW FIFTY PERCENT OF THE AREA'S MEDIAN INCOME BY
 TWO PERCENT OR MORE IN THE PREVIOUS YEAR.
   4. STATE BOARD HEARINGS.   (A) A HEARING  BY  THE  STATE  BOARD  UNDER
 SUBDIVISION  THREE  OF  THIS  SECTION  SHALL  BE LIMITED TO THE ISSUE OF
 WHETHER, IN THE CASE OF THE DENIAL OF AN APPLICATION,  THE  DECISION  OF
 THE LOCAL ZONING BOARD OF APPEALS WAS CONSISTENT WITH REGIONAL NEEDS, OR
 WHETHER  SUCH  APPLICATION  WAS  IMPROPERLY  DENIED BY SUCH LOCAL ZONING
 BOARD OF APPEALS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  TWO  OF  THIS
 SECTION;  AND,  IN THE CASE OF AN APPROVAL OF AN APPLICATION WITH CONDI-
 TIONS AND REQUIREMENTS IMPOSED, WHETHER SUCH CONDITIONS AND REQUIREMENTS
 MAKE THE CONSTRUCTION OR OPERATION OF SUCH HOUSING UNECONOMIC AND WHETH-
 ER THEY ARE CONSISTENT WITH REGIONAL NEEDS.  THE BURDEN OF PROOF IN SUCH
 STATE BOARD HEARINGS SHALL BE UPON THE RESPONDENT  TO  DEMONSTRATE  THAT
 THE DECISION OF THE LOCAL ZONING BOARD OF APPEALS WAS PERMISSIBLE PURSU-
 S. 7635--A                          5

 ANT TO THIS SECTION.  IF THE STATE BOARD FINDS, IN THE CASE OF A DENIAL,
 THAT  THE DECISION OF THE LOCAL ZONING BOARD OF APPEALS WAS NOT CONSIST-
 ENT WITH REGIONAL NEEDS, IT SHALL VACATE SUCH DECISION AND SHALL  DIRECT
 SUCH  LOCAL  ZONING  BOARD OF APPEALS TO ISSUE A COMPREHENSIVE PERMIT OR
 APPROVAL TO THE APPLICANT. IF THE STATE BOARD FINDS, IN THE CASE  OF  AN
 APPROVAL  WITH CONDITIONS AND REQUIREMENTS IMPOSED, THAT THE DECISION OF
 THE LOCAL ZONING BOARD OF APPEALS MAKES THE  BUILDING  OR  OPERATION  OF
 SUCH  HOUSING  UNECONOMIC  AND IS NOT CONSISTENT WITH REGIONAL NEEDS, IT
 SHALL ORDER SUCH LOCAL ZONING BOARD OF APPEALS TO MODIFY OR  REMOVE  ANY
 SUCH  CONDITION  OR  REQUIREMENT  SO  AS  TO MAKE THE PROPOSAL NO LONGER
 UNECONOMIC AND TO ISSUE ANY  NECESSARY  PERMIT  OR  APPROVAL;  PROVIDED,
 HOWEVER,  THAT  THE  STATE  BOARD  SHALL  NOT ISSUE ANY ORDER THAT WOULD
 PERMIT THE BUILDING OR OPERATION OF  SUCH  HOUSING  IN  ACCORDANCE  WITH
 STANDARDS  LESS SAFE THAN THE APPLICABLE BUILDING AND SITE PLAN REQUIRE-
 MENTS OF THE FEDERAL HOUSING  ADMINISTRATION  OR  ANY  APPLICABLE  STATE
 REQUIREMENTS,  WHICHEVER  AGENCY  IS FINANCIALLY ASSISTING SUCH HOUSING.
 DECISIONS OR CONDITIONS AND REQUIREMENTS IMPOSED BY A LOCAL ZONING BOARD
 OF APPEALS THAT ARE CONSISTENT WITH REGIONAL NEEDS SHALL NOT BE VACATED,
 MODIFIED OR REMOVED BY THE STATE BOARD NOTWITHSTANDING THAT  SUCH  DECI-
 SIONS  OR  CONDITIONS  AND  REQUIREMENTS  HAVE  THE EFFECT OF MAKING THE
 APPLICANT'S PROPOSAL UNECONOMIC.
   (B) THE STATE BOARD OR THE PETITIONER SHALL HAVE THE POWER TO  ENFORCE
 THE  ORDERS  OF  THE STATE BOARD AT LAW OR IN EQUITY IN COURT. THE LOCAL
 ZONING BOARD OF APPEALS SHALL CARRY OUT THE ORDER  OF  THE  STATE  BOARD
 WITHIN THIRTY DAYS OF ITS ENTRY AND, UPON FAILURE TO DO SO, THE ORDER OF
 THE  STATE  BOARD SHALL, FOR ALL PURPOSES, BE DEEMED TO BE THE ACTION OF
 SUCH LOCAL ZONING BOARD OF APPEALS, UNLESS THE PETITIONER CONSENTS TO  A
 DIFFERENT DECISION OR ORDER BY SUCH LOCAL ZONING BOARD OF APPEALS.
   (C)  IF  A  MUNICIPALITY  APPEALS A DECISION OF THE STATE BOARD TO THE
 COURT UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW  AND  RULES,
 AND  THE  COURT  RULES  IN  FAVOR OF THE APPLICANT FOR A LOW OR MODERATE
 INCOME HOUSING DEVELOPMENT IN SUCH PROCEEDING, SUCH  MUNICIPALITY  SHALL
 BE  REQUIRED  TO PAY FOR ANY LEGAL COSTS INCURRED BY SUCH APPLICANT AS A
 RESULT OF SUCH APPEAL.
   5. STATE ZONING BOARD OF APPEALS  ESTABLISHED.  (A)  THERE  IS  HEREBY
 ESTABLISHED,  WITHIN  THE  DIVISION, A STATE ZONING BOARD OF APPEALS, TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION.
   (B) THE STATE BOARD SHALL CONSIST OF THREE MEMBERS, ONE OF WHOM  SHALL
 BE THE COMMISSIONER OF THE DIVISION OR SUCH COMMISSIONER'S DESIGNEE, ONE
 OF  WHOM SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HAVE EXPERTISE
 IN FAIR HOUSING, AND ONE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR  AND
 WHO  SHALL HAVE EXPERIENCE IN LOCAL GOVERNMENT WITH DEMONSTRATED SUCCESS
 IN DEVELOPING AFFORDABLE HOUSING.
   (C) THE STATE BOARD SHALL HAVE THE POWER AND DUTIES TO  CONDUCT  HEAR-
 INGS,  ISSUE  ORDERS,  AND  OTHERWISE  PERFORM ANY FUNCTION NECESSARY TO
 OPERATE IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION.  IN  ADDITION
 TO  THE FUNCTIONS OR DUTIES SPECIFICALLY DIRECTED OR AUTHORIZED PURSUANT
 TO THIS SECTION, THE  STATE  BOARD  SHALL  HAVE  ANY  POWERS  OR  DUTIES
 DIRECTED OR AUTHORIZED BY THE DIVISION.
   6.  RULES, REGULATIONS, AND ADMINISTRATION.  (A) THE DIVISION SHALL BE
 AUTHORIZED TO PROMULGATE ANY RULES AND/OR REGULATIONS NECESSARY FOR  THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION SHALL PROMULGATE REGULATIONS DEEMING DEVELOP-
 MENT PURSUANT TO THIS SECTION TO BE AN ACTION UNDER ARTICLE EIGHT OF THE
 ENVIRONMENTAL CONSERVATION LAW.
 S. 7635--A                          6
 
   (C) THE DIVISION SHALL PROVIDE ANY ADMINISTRATIVE SUPPORT TO THE STATE
 BOARD NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF  THE  PROVISIONS  OF
 THIS SECTION.
   §  2. The division shall conduct a study regarding the qualified allo-
 cation plan for low income housing tax  credits  developed  pursuant  to
 section  42  of  the  Internal Revenue Code.   Such study shall consider
 whether and how to revise the qualified allocation plan in light of  the
 processes for building low or moderate income housing under section 14-a
 of  the  public  housing law, such that the state's policies for funding
 and permitting low and moderate income housing can best  be  aligned  to
 most  effectively  produce  affordable  housing.  Such  study shall also
 consider whether such an alignment can support the state's fair  housing
 goals.    The commissioner shall submit a report of the division's find-
 ings of such study and any recommendations to the governor, the  speaker
 of  the  assembly and the temporary president of the senate on or before
 one year after the effective date of this act.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.