NY State Senate Bill 2023-S9072

Senate Bill S9072

2023-2024 Legislative Session

Requires local governments to prepare and adopt an affordable housing plan no later than December 31, 2024

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2024	referred to local government

2023-S9072 (ACTIVE) - Details

See Assembly Version of this Bill:: A2017
Current Committee:: Senate Local Government
Law Section:: General Municipal
Versions Introduced in 2021-2022 Legislative Session:: A9945

2023-S9072 (ACTIVE) - Summary

Requires local governments to prepare and adopt an affordable housing plan no later than December 31, 2024; defines local government as a city, town or village; requires plan to identify the regional need for affordable housing, as well as such need within the local government; makes related requirements

2023-S9072 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9072

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act in relation to directing local governments to prepare and adopt
an affordable housing plan no later than December 31, 2024

 
PURPOSE:

The purpose of this bill is to direct local governments to prepare a
plan to help meet the affordable housing needs of their community and
region.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Provides that each local government shall adopt an affordable
housing plan. The plan, at a minimum, must examine the following options
to create affordable housing: financial assistance to home buyers, the
production of new housing, the rehabilitation of existing buildings, the
acquisition of interest in real property in the existing housing stock
for the production of affordable housing, the creation of accessory

dwelling units, and housing counseling services.

Section 2. Provides that such plan adheres to accepted land use princi-
ples in preparing the plan.

Section 3. Provides that such plan may include the establishment of a
map or maps that delineate the affordable housing recommendations.  The
plan must also be updated at least once every five years. The plan must
provide for the equitable distribution of housing opportunities and
avoid undue concentration in any community.

Section 4. Provides that the governing body of the local government hold
public hearings and informational meetings to insure adequate public
participation in the creation of the plan.

Section 5. If any part of this act is to be found invalid by a court of
competent jurisdiction, the decision shall not render the remainder of
this act invalid and void.

Section 6. Establishes the effective date.

 
JUSTIFICATION:

Residents of New York State, regardless of which region they reside in,
face an ever-worsening affordable housing market that has continued to
undermine quality of life and statewide economic stability. A 2019
report by the Office of the New York State Comptroller found that the
median household income between 2008 to 2017 rose by 2.5%, while rent
increased by nearly 13% in that same period. For homeowners, nearly 1.1
million in New York State paid costs exceeding the 30% total income
affordability benchmark in housing costs in 2017. In addition to these
startling figures, New Yorkers have faced historic economic challenges
brought on by the ongoing COVID-19 pandemic and soaring inflation.

Furthermore, the counties that reported the most economic stress due to
unaffordable housing were not solely limited to New York City.  Rock-
land, Greene, Suffolk, Nassau, Tompkins, and Ulster Counties have some
of the highest proportions of renters and homeowners paying more than
30% of their income on housing in the state per the aforementioned
study.

The State Legislature has delegated to local government the home rule
authority to enact zoning and land use regulations. Such regulations are
a critical component in providing a balanced housing policy that meets
the demand for affordable housing. According to the State Court of
Appeals, in the landmark housing case, Berenson v New Castle, local
governments have an obligation to consider regional housing needs and
the greater public interest when implementing zoning and land use regu-
lations. To meet that obligation enumerated by the State Court of
Appeals, local governments must first have a plan.

To that end, this bill will require local governments to craft and enact
comprehensive five-year plans to address the local and regional lack of
affordable housing and the appropriate solutions deemed necessary.

 
LEGISLATIVE HISTORY:

2021-2022: A9945 (Thiele)

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9072 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9072
 
                             I N  S E N A T E
 
                              April 16, 2024
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT in relation to directing local governments to prepare  and  adopt
   an affordable housing plan no later than December 31, 2024
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Each local government shall prepare and adopt an affordable
 housing plan. For the purposes of this  act,  "local  government"  shall
 mean  a  city,  town,  or village. Such plan shall identify the regional
 need for affordable housing, as well as the need for affordable  housing
 within  the  local  government.  Such plan shall specify how the munici-
 pality intends to increase the number of affordable housing units in the
 region and local government. In preparing the plan, the local government
 shall examine, but not be limited to the  following  options  to  create
 affordable  housing:  (a) the provision of financial assistance to home-
 buyers; (b) the production of  affordable  housing  for  sale;  (c)  the
 production of affordable housing for rent; (d) the production of afford-
 able  housing  in  conjunction with public/private partnerships; (e) the
 rehabilitation of existing buildings and structures for the  purpose  of
 conversion  to  affordable  housing; (f) the acquisition of interests in
 real property in existing housing stock to produce  affordable  housing;
 (g)  the creation of accessory dwelling units; (h) the creation of mixed
 use developments that include affordable housing; and (i) the  provision
 of housing counseling services.
   §  2. Such plan shall adhere to the following land use principles: (a)
 account for and minimize social, economic, and  environmental  costs  of
 new  development, including infrastructure costs such as transportation,
 sewers, and wastewater treatment, water, schools, recreation,  and  loss
 of  open space and agricultural land; (b) encourage development in areas
 where transportation, water, and sewage infrastructure are available  or
 practical;  (c)  protect,  preserve,  and enhance the state's resources,
 including  agricultural  land,  forests,  surface  waters,  groundwater,
 recreation  and  open  space, scenic areas, and significant historic and
 archeological sites; (d) promote coordination of state and local govern-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05693-01-3
 S. 9072                             2
 
 ment decisions and cooperation among communities to work toward the most
 efficient, planned and cost-effective delivery  of  government  services
 by,  among  other means, facilitating cooperative agreements among adja-
 cent  communities, and to coordinate planning to ensure compatibility of
 one's community development with development of neighboring communities;
 (e) strengthen communities through development and redevelopment strate-
 gies that include integration of all income and age groups,  mixed  land
 uses,  and  compact  development,  traditional neighborhood development,
 planned unit development, open space districts, downtown revitalization,
 brownfield redevelopment, enhanced beauty in public spaces, and  diverse
 and community housing in close proximity to places of employment, recre-
 ation,  and  commercial development; (f) provide transportation choices,
 including increasing public transit and alternative modes of transporta-
 tion, in order to reduce automobile dependency, traffic congestion,  and
 automobile pollution; (g) ensure predictability in building and land use
 codes;  and  (h) provide for and encourage local governments to develop,
 through a collaborative community-based effort, plans that include  long
 term  land  use  and  permit  predictability and coordination, efficient
 decision making and planning implementation.
   § 3. Such plan may include the establishment of a  map  or  maps  that
 delineate  the  affordable housing recommendations proposed by the local
 government. Such plan shall be updated at least once every  five  years.
 Such plan shall ensure that all housing created remains affordable. Such
 plan  shall provide for the equitable distribution of affordable housing
 opportunities in the local government and region. The plan shall  ensure
 that  no  community  has  an  undue  concentration of affordable housing
 opportunities that would substantially alter the character of the commu-
 nity. In determining equitable distribution of affordable housing oppor-
 tunities, existing affordable housing opportunities in a community shall
 be considered.
   § 4. (a) The governing body of the local government shall hold  public
 hearings  and other informational meetings and organize other activities
 to inform residents about the process of preparing the plan.
   (b) The governing body of the local government shall hold at least one
 public hearing on the draft plan and one public  hearing  on  the  final
 plan. The local government shall post a copy of any draft plan or amend-
 ment to such plan on the website of the local government.
   (c) The final plan shall be adopted by the governing body by local law
 or  resolution,  as  appropriate,  no  later than December 31, 2024. All
 public hearings shall be on at least ten days' notice to the public. All
 notices of public hearings shall be published in the official  newspaper
 of the local government and posted on the official signboard and website
 of  the  local government. After adoption of the plan, the local govern-
 ment shall file the final plan in the office of the clerk of such  local
 government  and  post  the  plan on the website of the local government.
 Following such adoption, the local government shall regularly review and
 maintain such plan.
   § 5. If any clause, sentence, subdivision, paragraph, section or  part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, and such decision is not reversed or is otherwise deemed  to
 be  final, such judgment shall not have the effect of rendering this act
 invalid, inoperative and void.
   § 6. This act shall take effect immediately.

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