Bill Text: NY A05253 | 2019-2020 | General Assembly | Amended


Bill Title: Makes a denial of an application of uniform land use review procedures binding where the property will offer units at or above sixty percent of the area median income.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-02-20 - print number 5253a [A05253 Detail]

Download: New_York-2019-A05253-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5253--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
          tee on Cities -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        AN  ACT  making  a  community boards decision regarding the denial of an
          application of uniform land use review procedures final and binding
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. (a) (i) Notwithstanding any provision of law to the contra-
     2  ry,  within  cities having a population of 200,000 or greater as well as
     3  cities within all counties covered by the  Emergency  Tenant  Protection
     4  Act  of 1974 with a population of 50,000 or greater and that have or are
     5  governed by a land use process similar to the New York City Uniform Land
     6  Use Review Procedure or a process otherwise involving a local  community
     7  board  or  its  equivalent  included  in  land use decisions, such local
     8  community board's decision to deny any application to  rezone  or  alter
     9  the  use and/or size, of such property shall be final and binding on any
    10  applicant and shall constitute a final and binding denial of such appli-
    11  cation for a rezoning or alteration of property where  such  application
    12  seeks the rezoning or alteration of property use and/or size for a resi-
    13  dential  project  offering  for  sale  or rental any units to persons or
    14  families with incomes at or above 60% of the area median income for  the
    15  zip code in which the property is located. If the rezoning or alteration
    16  of  property  proposed,  proposes  to  result in the construction of any
    17  residential housing project offering for sale or  rental  any  units  to
    18  persons  or  families  with  incomes  at or above 60% of the area median
    19  income for the zip code in which the property is located, the  community
    20  board's  or  its equivalent's denial of such application shall be final,
    21  provided that the community board or its equivalent bases its denial  of
    22  the application on any of the following grounds:
    23    (A) Following a public hearing and the opportunity to submit testimony
    24  and other materials, the local community board determines that, based on
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08509-07-9

        A. 5253--A                          2
     1  the  area  median  income  for  the  zip  code  to which the application
     2  pertains, any rezoning or property use  alteration  resulting  from  the
     3  granting  of  the  application  would  not result in the construction of
     4  housing,  on average, affordable to 50% or more of residents residing in
     5  the zip code at the time of the application; for  the  purpose  of  this
     6  subsection,  housing is "affordable" if it meets the federal standard of
     7  costing a tenant or homeowner no more than 30% of his or her income  for
     8  rent or mortgage payments, including the cost of utilities;
     9    (B) Following a public hearing and the opportunity to submit testimony
    10  and  other  materials,  the  local  community  board determines that any
    11  rezoning or property use alteration resulting from the granting  of  the
    12  application  would  perpetuate discriminatory housing patterns under the
    13  standards set forth in the federal affirmatively furthering fair housing
    14  regulation or the federal disparate impact rule;
    15    (C) Following a public hearing and the opportunity to submit testimony
    16  and other materials, the  local  community  board  determines  that  any
    17  rezoning  or  property use alteration resulting from the granting of the
    18  application would result in a net population increase of 5%  or  greater
    19  within  the  zip code to which the application pertains and that current
    20  public infrastructure within the zip code cannot support  such  a  popu-
    21  lation increase; or
    22    (D) Following a public hearing and the opportunity to submit testimony
    23  and  other  materials,  the  local  community  board determines that any
    24  rezoning or property use alteration would result in displacement of more
    25  than 500 residents or 100 employees working within the zip code to which
    26  the application pertains.
    27    (ii) For the avoidance of doubt, a local community board or its equiv-
    28  alent shall have the power of  denial  with  final  and  binding  effect
    29  created  under  this section only if it denies an application based upon
    30  any of the criteria set forth above.
    31    (b) For the purposes of this section, the area median income for a zip
    32  code shall be established by the United States department of housing and
    33  urban development or a successor agency.
    34    (c) In the event the property is located in multiple  zip  codes,  the
    35  zip  code  with  the  lesser  area  median  income shall be used for the
    36  purposes of this section.
    37    § 2.  This act shall take effect immediately and shall apply to appli-
    38  cations received on or after such effective date.
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