S T A T E O F N E W Y O R K
________________________________________________________________________
4990
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
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Introduced by M. of A. THIELE, KELLES -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring certain
housing production information to be reported to the department of
state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 120 to
read as follows:
§ 120. HOUSING PRODUCTION REPORTING. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "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.
(B) "HOUSING SITE" MEANS THE SITE OF PLANNED CONSTRUCTION, CONVERSION,
ALTERATION, DEMOLITION, OR CONSOLIDATION OF ONE OR MORE RESIDENTIAL
BUILDINGS.
(C) "DWELLING UNIT" MEANS A DWELLING WITHIN A RESIDENTIAL BUILDING
WHICH IS EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS
OCCUPIED AS THE RESIDENCE OR HOME OF ONE OR MORE INDIVIDUALS THAT IS
INDEPENDENT OF OTHER DWELLINGS WITHIN SUCH RESIDENTIAL BUILDING.
2. THE DEPARTMENT SHALL REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE
DEPARTMENT ANNUALLY, IN THE MANNER AND FORMAT TO BE DIRECTED BY THE
DEPARTMENT, THE FOLLOWING INFORMATION REGARDING NEW CONSTRUCTION,
CONVERSION, ALTERATION, DEMOLITION, OR CONSOLIDATION OF A HOUSING SITE
WITHIN THE JURISDICTION OF SUCH LOCAL BOARD THAT IS REQUIRED TO BE
REPORTED TO SUCH LOCAL BOARD:
(A) THE ADDRESS OF SUCH HOUSING SITE;
(B) THE BLOCK AND/OR LOT NUMBER OF SUCH HOUSING SITE;
(C) THE TOTAL NUMBER OF DWELLING UNITS IN SUCH HOUSING SITE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00536-01-3
A. 4990 2
(D) THE BUILDING TYPE, ANY RELEVANT DATES OF APPROVAL, PERMITS, AND
COMPLETIONS ASSOCIATED WITH SUCH HOUSING SITE;
(E) ANY ASSOCIATED GOVERNMENTAL SUBSIDIES OR PROGRAM FUNDS BEING ALLO-
CATED TO SUCH HOUSING SITE THAT SUCH LOCAL BOARD IS AWARE OF; AND
(F) THE SPECIFIC DETAILS OF SUCH CONSTRUCTION, CONVERSION, ALTERATION,
DEMOLITION, OR CONSOLIDATION OF SUCH HOUSING SITE.
3. BEGINNING ON THE THIRTY-FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC-
TIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE DEPARTMENT SHALL
REQUIRE EACH LOCAL BOARD TO SUBMIT TO THE DEPARTMENT, IN A MANNER AND
FORMAT TO BE DETERMINED BY THE DEPARTMENT, A DIGITAL FILE CONTAINING A
ZONING MAP OF SUCH LOCAL BOARD'S JURISDICTION THAT CONTAINS THE FOLLOW-
ING INFORMATION FOR THE PRIOR YEAR:
(A) THE GEOGRAPHIC EXTENTS OF AREAS WHERE RESIDENTIAL HOUSING, COMMER-
CIAL, INDUSTRIAL, OR OTHER DEVELOPMENTS ARE PERMITTED;
(B) IN AREAS ZONED FOR RESIDENTIAL HOUSING AREAS, WHERE RESIDENTIAL
BUILDINGS CONTAINING TWO, THREE, AND FOUR OR MORE DWELLING UNITS ARE
ALLOWED PER LOT;
(C) ANY MINIMUM LOT SIZE REQUIREMENTS FOR RESIDENTIAL HOUSING;
(D) ANY MINIMUM SIZE REQUIREMENTS FOR INDIVIDUAL DWELLING UNITS;
(E) ANY PARKING REQUIREMENTS FOR RESIDENTIAL BUILDINGS;
(F) ANY SETBACK OR LOT COVERAGE REQUIREMENTS;
(G) DESIGNATION OF WHETHER EACH ZONING APPROVAL GRANTED BY SUCH LOCAL
BOARD WAS AS-OF-RIGHT OR DISCRETIONARY; AND
(H) THE GEOGRAPHIC BOUNDS OF ANY AREAS WHICH HAVE BEEN AMENDED SINCE
SUCH LOCAL BOARD'S PREVIOUS SUBMISSION PURSUANT TO THIS SUBDIVISION.
4. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL SUBMIT TO THE
DEPARTMENT ANNUALLY, IN A MANNER AND FORMAT TO BE DETERMINED BY THE
DEPARTMENT, A REPORT OF ALL HOUSING SUBSIDIES ADMINISTERED BY SUCH DIVI-
SION IN THE PRIOR YEAR.
5. THE DEPARTMENT SHALL MAKE THE INFORMATION SUBMITTED PURSUANT TO
SUBDIVISIONS TWO, THREE, AND FOUR OF THIS SECTION PUBLICLY AVAILABLE ON
ITS WEBSITE, UPDATED ANNUALLY TO REFLECT THE MOST RECENT SUBMISSIONS.
6. FAILURE OF ANY LOCAL BOARD TO COMPLY WITH THE REPORTING REQUIRE-
MENTS OF THIS SECTION SHALL RESULT IN A FIFTY PERCENT REDUCTION OF ANY
FUNDS TO BE DISTRIBUTED TO ANY MUNICIPALITY WITHIN SUCH LOCAL BOARD'S
JURISDICTION PURSUANT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AUTHORIZED UNDER TITLE ONE OF THE FEDERAL HOUSING AND COMMUNITY DEVELOP-
MENT ACT OF 1974, AS AMENDED.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law. 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 to be made and completed on or before such effective date.