S T A T E O F N E W Y O R K
________________________________________________________________________
3111
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00515-01-3
A. 3111 2
IN BUILDING OR OPERATING A LOW OR MODERATE INCOME HOUSING DEVELOPMENT
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
A. 3111 3
INCOME HOUSING DEVELOPMENT MAY SUBMIT TO THE APPLICABLE LOCAL ZONING
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
A. 3111 4
APPROVAL, A WRITTEN DECISION INCLUDING SPECIFIC FINDINGS BASED IN
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
A. 3111 5
THE DECISION OF THE LOCAL ZONING BOARD OF APPEALS WAS PERMISSIBLE PURSU-
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-
A. 3111 6
MENT PURSUANT TO THIS SECTION TO BE AN ACTION UNDER ARTICLE EIGHT OF THE
ENVIRONMENTAL CONSERVATION LAW.
(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.