Bill Text: NY A08386 | 2023-2024 | General Assembly | Amended

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Bill Title: Enacts the "faith-based affordable housing act" for development on residential land; defines terms; provides that each village, town, and city shall allow the construction and occupation of residential buildings on any covered site up to the specified densities; provides that all residential buildings constructed pursuant to this section in a town, village, or city with fewer than one million inhabitants shall set aside twenty percent of the residential floor area for households earning an average of eighty percent of area median income; outlines the densities for New York city; makes related provisions.

Spectrum: Partisan Bill (Democrat 39-0)

Status: (Introduced) 2024-05-02 - print number 8386a [A08386 Detail]

Download: New_York-2023-A08386-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8386--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. CUNNINGHAM, SIMONE, LEVENBERG, MITAYNES, FORREST,
          GALLAGHER,    SIMON,    HEVESI,   BORES,   SHRESTHA,   GONZALEZ-ROJAS,
          BICHOTTE HERMELYN, MAMDANI, L. ROSENTHAL, LEE, DAVILA,  THIELE,  CRUZ,
          ZACCARO,  GIBBS,  JACKSON,  MEEKS,  FAHY,  KELLES,  WEPRIN,  RAJKUMAR,
          DARLING, TAYLOR, CLARK, CHANDLER-WATERMAN, RAGA, DAIS, RAMOS,  EICHEN-
          STEIN,  DICKENS,  JEAN-PIERRE, VANEL, BURGOS -- read once and referred
          to the Committee on Local Governments -- recommitted to the  Committee
          on  Local  Governments  in  accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the general municipal law, in relation to enacting the
          "faith-based affordable housing act" and  residential  development  on
          religious land

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "faith-based affordable housing act".
     3    § 2. The general municipal law is amended by adding a new section 96-c
     4  to read as follows:
     5    § 96-c. Residential development on religious land. 1. For the purposes
     6  of this section, the following terms shall have the following meanings:
     7    (a)  "Covered  site" shall mean any parcel of land, or group of one or
     8  more contiguous parcels of land, that  lies  within  an  urban  area  as
     9  defined  by  the  U.S.  Census  Bureau but does not lie within a locally
    10  designated manufacturing  or  industrial  zoning  district,  where  such
    11  parcel or group of one or more contiguous parcels of land is owned sole-
    12  ly,  directly  or  indirectly (e.g. via a wholly owned limited liability
    13  company) by a religious corporation as of the  effective  date  of  this
    14  section.
    15    (b)  "Religious corporation" shall have the same meaning as defined in
    16  the religious corporations law and shall also include  nonprofit  corpo-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13656-08-4
        A. 8386--A                          2

     1  rations  that  include  in  their  purpose  worship  or  the training or
     2  conducting of religious rituals or the reading  or  study  of  religious
     3  texts  incorporated  under the not-for-profit corporation law or foreign
     4  corporations subject to such law.
     5    (c)  "Buildings  department"  shall  mean  the  city, town, or village
     6  department, division, or other agency or office  having  primary  super-
     7  vision  of  the  construction  of  buildings  and  issuance  of building
     8  permits.
     9    (d) "Commissioner" shall mean the  commissioner  of  the  division  of
    10  housing and community renewal.
    11    (e)  "Residential  building"  shall mean any structure used in part or
    12  entirely  for  full-time,  non-transient  residential  occupation   that
    13  contains at least four residential units; that is connected to community
    14  or  public water and sewerage systems, including sewage treatment works,
    15  upon date of initial occupancy; and in which no  more  than  thirty-five
    16  percent  of the floor area is devoted to religious or educational use or
    17  charitable or community facility use, provided that any  existing  reli-
    18  gious,  educational,  charitable, or community facility floor area shall
    19  not be counted toward such thirty-five percent  in  the  case  that  the
    20  residential  building  is  an  addition or an enlargement of an existing
    21  building.
    22    (f) "Affordable unit" shall  mean  a  housing  unit  affordable  to  a
    23  specific  percentage  of  the  applicable area median income, as defined
    24  annually by the U.S. Department of Housing and Urban  Development.  Such
    25  units may either be homeownership or rental units.
    26    (g) "Affordability percentage" shall mean the percentage of a residen-
    27  tial  building's gross floor area required to be set aside as affordable
    28  housing.
    29    (h) "Affordable floor area" shall mean the  amount  of  a  residential
    30  building's floor area to be set aside for affordable units.
    31    (i)  "Construction" and variations thereof shall mean the construction
    32  of new residential buildings as well as the addition to or alteration of
    33  existing buildings.
    34    2. Notwithstanding the provisions of any local law, ordinance,  resol-
    35  ution  or  regulation,  each  village,  town,  and  city shall allow the
    36  construction and occupation of residential buildings on any covered site
    37  up to  the  specified  densities  provided  in  this  subdivision.  Each
    38  village,  town, and city shall allow such construction and occupation on
    39  an as-of-right, ministerial  basis,  without  site  plan  review.  Addi-
    40  tionally,  this  section shall not reduce or disallow development rights
    41  or options provided under local zoning laws.
    42    (a) On any covered site located within a village, town, or  city  with
    43  fewer  than  fifty  thousand inhabitants, residential buildings shall be
    44  allowed up to a height of thirty-five feet or the height of the  tallest
    45  existing  building on the covered site, whichever is taller, and up to a
    46  density of thirty residential units per acre or such proportion thereof.
    47    (b) On any covered site located within a village, town  or  city  with
    48  fifty  thousand  or more inhabitants but fewer than one million inhabit-
    49  ants, residential buildings shall be allowed up to a  height  of  fifty-
    50  five  feet or the height of the tallest existing building on the covered
    51  site, whichever is taller, and up to  a  density  of  fifty  residential
    52  units  per  acre, provided, however, that if the covered site is located
    53  in a city with fifty thousand or more inhabitants  but  fewer  than  one
    54  million  inhabitants  and within eight hundred feet of a zoning district
    55  that permits a height or density for residential use greater  than  what
    56  is  otherwise provided for in this paragraph, then such city shall allow
        A. 8386--A                          3

     1  residential buildings on the covered site up to the maximum  height  and
     2  density  permitted  in  such  zoning district, or allow such residential
     3  buildings to utilize any other optional rules or regulations  regulating
     4  residential  bulk  and height in such zoning district, provided, however
     5  the residential building shall not have to comply with any  other  regu-
     6  lations  provided for in such zoning district other than bulk and height
     7  regulations.
     8    (c) On any covered site located within a city with one million or more
     9  inhabitants, residential buildings shall be allowed up to  a  height  of
    10  fifty-five  feet  or  the height of the tallest existing building on the
    11  covered site, whichever is taller, and a density of a floor  area  ratio
    12  of  2.2  square  feet,  as  defined  by  such  city's zoning ordinances,
    13  provided, however, that if the covered  site  is  located  within  eight
    14  hundred  feet  of a zoning district that permits a height or density for
    15  residential use greater than what is  otherwise  provided  for  in  this
    16  paragraph,  then  the  city  shall  allow  residential  buildings on the
    17  covered site up to the maximum height  and  density  permitted  in  such
    18  zoning  district,  or  allow  such  residential buildings to utilize any
    19  other optional rules or  regulations  regulating  residential  bulk  and
    20  height in such zoning district, provided, however the residential build-
    21  ing  shall not have to comply with any other regulations provided for in
    22  such zoning district other than bulk and height regulations.
    23    3. If a religious corporation disposes of land via sale or  lease  for
    24  development of a residential building pursuant to this section, an offi-
    25  cer or key person, as defined in section one hundred two of the not-for-
    26  profit  corporation  law,  of  such  religious  corporation  who will be
    27  involved in such sale or lease on behalf of  the  religious  corporation
    28  must  have attended and received a certificate of completion of a train-
    29  ing course on real  estate  development  and  affordable  housing.  Such
    30  training  course must include content regarding the development process,
    31  timeline and funding sources for affordable  and  mixed-income  housing,
    32  the  types  and  selection  of  vendors  and consultants related to such
    33  development, a review of the statutory requirements  for  such  sale  or
    34  lease by a religious corporation and other information relevant to hous-
    35  ing development as determined by the commissioner. Pursuant to the proc-
    36  ess  required by section twelve of the religious corporations law and/or
    37  section five hundred ten  of  the  not-for-profit  corporation  law,  as
    38  applicable,  the  religious  corporation shall submit to the court or to
    39  the attorney general a copy of such certificate of completion  for  such
    40  training  as a condition of a sale or lease of land for housing develop-
    41  ment pursuant to this section. Such training may  be  conducted  by  any
    42  governmental  entity, religious corporation, or nonprofit, or any number
    43  or combination of the foregoing, approved by the commissioner.
    44    4. For buildings constructed pursuant  to  this  section,  a  village,
    45  town,  or  city  may  regulate the following, provided the regulation is
    46  reasonable and applied equally to all residential developments and shall
    47  not impede the full development of the floor area and height provided in
    48  subdivision two of this section:
    49    (a) the construction of sidewalks up to five feet in width and  up  to
    50  five  feet  of street lawn or road verge along the parcel's street fron-
    51  tage, including up to one street tree per twenty-five feet of  frontage,
    52  with   standards   to   conform   to  the  standard  specifications  for
    53  construction and materials promulgated by the department of  transporta-
    54  tion;
    55    (b) up to twenty feet of rear yard and up to ten feet of side yards at
    56  the boundaries of the covered site; and
        A. 8386--A                          4

     1    (c)  appropriate placement of curb cuts for accessory parking or load-
     2  ing that ensure public safety while also allowing reasonable  access  to
     3  the parcel and the residential building.
     4    5.  For  residential buildings constructed pursuant to this section, a
     5  village, town, or city shall not require any  development  standards  or
     6  conditions  of approval, other than state law, building, and fire codes,
     7  or in the case of a city with one million  or  more  inhabitants,  local
     8  fire  and  building  codes.  No village, town, or city shall require the
     9  following and any such requirements shall be void:
    10    (a) the provision of accessory off-street parking;
    11    (b) minimum, maximum, or average unit sizes;
    12    (c) the regulation of the number of allowable housing units  based  on
    13  lot  size  or any other criteria, other than the densities prescribed in
    14  subdivision two of this section;
    15    (d) the prioritization of housing units to residents of certain neigh-
    16  borhoods or jurisdictions;
    17    (e) the prioritization of housing units for any age group;
    18    (f) the imposition of  any  mandatory  affordability  requirements  or
    19  minimum  income or asset standards other than what is otherwise provided
    20  for in subdivision seven of this section;
    21    (g) minimum purchase price for any homeownership units;
    22    (h) the adherence to any local building or fire code beyond the stand-
    23  ards specified by the New York State Uniform Fire Prevention and  Build-
    24  ing Code Act, except in a city with one million or more inhabitants; and
    25    (i)  any  other requirement that is determined by a court, pursuant to
    26  proceedings brought under subdivision nine of this  section,  to  impede
    27  the  full  development of permissible residential buildings on a covered
    28  site.
    29    6. (a) Notwithstanding the provisions of  any  local  law,  ordinance,
    30  resolution  or  regulation,  the building department shall ministerially
    31  and without discretionary review or a hearing process an application for
    32  a building permit within sixty days of receipt of an application  pursu-
    33  ant to this section.
    34    (b)  A  village, town, or city shall not impose any substantial burden
    35  on buildings constructed pursuant to this section, as compared with  new
    36  single-family  residential buildings, including the provision of munici-
    37  pal services and utility access.
    38    (c) Nothing in this section shall be construed to restrict the use  or
    39  size  of  buildings  permitted at a greater height and/or bulk than that
    40  allowed by this section under local law, regulation, or resolution.
    41    (d) The approval by the  building  department  shall  only  take  into
    42  consideration  conformance  with  this section and applicable state laws
    43  and state building, fire, and energy codes. No other local law,  policy,
    44  regulation, or resolution shall be the basis for the denial of a permit,
    45  except  in a city of one million or more inhabitants, where adherence to
    46  local building and fire codes may be required.
    47    (e) No payment greater than one quarter  dollar  per  square  foot  of
    48  floor  area  shall  be  required in total for building and other permits
    49  issued  for  residential  developments  constructed  pursuant  to   this
    50  section.   A town, village, or city shall not charge impact fees, recre-
    51  ation fees, or any other fees beyond the amount provided in  this  para-
    52  graph.
    53    (f)  (i)  Notwithstanding article eight of the environmental conserva-
    54  tion law and  its  implementing  regulations,  no  environmental  impact
    55  statement for a residential building shall be required if it conforms to
    56  the  provisions  of  this  section,  provided  the following studies and
        A. 8386--A                          5

     1  certifications are completed and submitted to  the  building  department
     2  and  any  state  or  local agencies as designated by the commissioner: a
     3  Phase I Environmental Site Assessment  (ESA)  pursuant  to  the  federal
     4  Comprehensive Environmental Response, Compensation and Liability Act (42
     5  U.S.C.  Chapter  103);  soil and water testing consistent with standards
     6  promulgated by the commissioner of  environmental  conservation;  and  a
     7  certification  from  a  qualified environmental professional, where such
     8  term shall be defined by the commissioner of environmental  conservation
     9  pursuant  to regulation, that such action, as proposed, will not violate
    10  any state wetland laws or drinking water laws under  article  eleven  of
    11  the public health law, or any rules or regulations promulgated thereto.
    12    (ii)  Provided  further that environmental impact statements completed
    13  pursuant to article eight of  the  environmental  conservation  law  for
    14  proposed  actions other than the construction and occupation of residen-
    15  tial buildings made possible by this section, which are completed on  or
    16  after  the  effective  date  of  this  section, shall not be required to
    17  consider the as-of-right  construction  and  occupation  of  residential
    18  buildings made possible by this section on such other actions.
    19    (g)  For  the  purposes  of  fees  and building permits, for buildings
    20  constructed pursuant to this section, a village, town, or city shall not
    21  discriminate between rental units and condominium or cooperative  units.
    22  No  permit or additional fee shall be required as a condition for use as
    23  a rental apartment building.
    24    7. (a) All residential buildings constructed pursuant to this  section
    25  in  a  town,  village,  or  city with fewer than one million inhabitants
    26  shall set aside at least twenty percent of the  residential  floor  area
    27  for  households  earning an average of eighty percent of the area median
    28  income. In a city with one million or more  inhabitants,  a  residential
    29  building  shall  provide affordable housing by complying with one of the
    30  following options:
    31    (i) the residential building shall  set  aside  at  least  twenty-five
    32  percent  of its residential floor area for households earning an average
    33  of sixty percent of the area median income provided that  a  minimum  of
    34  five  percent  of units are affordable to households at forty percent of
    35  the area median income;
    36    (ii) the residential building shall set aside at least thirty  percent
    37  of  its  residential  floor  area  for  households earning an average of
    38  eighty percent of the area median income; or
    39    (iii) the residential building shall set aside at least twenty percent
    40  of its residential floor area for households earning an average of forty
    41  percent of the area median income.
    42    (b) The amount of affordable floor area shall be calculated by  multi-
    43  plying  gross residential floor area by the percentage of the floor area
    44  that must be affordable pursuant to this paragraph. The resulting  floor
    45  area  must be devoted to affordable housing, less the applicable propor-
    46  tion of the building  devoted  to  residential  circulation  and  common
    47  space,  not  to exceed twenty-five percent of the affordable floor area.
    48  The number of required  affordable  units  shall  be  the  affordability
    49  percentage  multiplied  by  the total number of residential units in the
    50  development, with the product rounded to the nearest  whole  number.  To
    51  achieve  the affordability levels specified in this paragraph, buildings
    52  may contain units affordable to a variety of incomes, provided  that  on
    53  average the affordability levels meet the requirements of this paragraph
    54  and  no  affordable unit shall be rented to any household with an income
    55  greater than one hundred percent of the area median income.  Nothing  in
    56  this  subdivision  shall be construed to prohibit the inclusion of addi-
        A. 8386--A                          6

     1  tional affordable floor area in a  residential  building  on  a  covered
     2  site, at the discretion of the owner of such building.
     3    (c)  A  property  containing  any  affordable units must be restricted
     4  using a mechanism such as a declaration of restrictive  covenants  or  a
     5  regulatory agreement with a local or state agency that shall ensure that
     6  the  affordable units shall remain subject to affordable regulations for
     7  the life of the building. Such covenants shall require that the unit  be
     8  the primary residence of the household selected to occupy the unit. Upon
     9  approval,  such  declaration  or  regulatory agreement shall be recorded
    10  against the property containing the affordable unit prior to  the  issu-
    11  ance of a certificate of occupancy for the development.
    12    (d)  The  affordable  units  shall  be  physically integrated into the
    13  design of the development and shall be distributed among  various  sizes
    14  (efficiency,  one-,  two-,  three-  and  four-bedroom units) in the same
    15  proportion as all other units in  the  development.  The  minimum  gross
    16  floor  area per affordable unit shall not be less than ninety percent of
    17  the average floor area of non-restricted  housing  units  of  equivalent
    18  size  (efficiency,  one-,  two-,  three-  and four-bedroom units) in the
    19  development. Affordable units shall be distributed evenly among floors.
    20    (e) The affordable units shall not be distinguishable from other units
    21  from  the  outside  or  building  exteriors.   Interior   finishes   and
    22  furnishings  shall  be  indistinguishable  from  the  other units in the
    23  building.   Affordable units shall  not  have  a  separate  entrance  or
    24  differing  access to common amenities. Buildings constructed pursuant to
    25  this section may not charge residents  of  affordable  units  additional
    26  fees  for  access  to  common amenities, if such charges would mean that
    27  total housing costs for such units would exceed thirty  percent  of  the
    28  specified percentage of the area median income.
    29    (f)  For  affordable  homeownership  units, the title to said property
    30  shall be restricted so that in the event of any resale by the home buyer
    31  or any successor, the resale price shall not exceed an amount affordable
    32  to a household at the specified percentage of the area median income.
    33    8. Nothing in this section shall be interpreted to  override  the  New
    34  York State Uniform Fire Prevention and Building Code Act, the Freshwater
    35  Wetlands  Act,  the public health law, or any regulations, restrictions,
    36  limitations, or conditions, existing as of the effective  date  of  this
    37  section,  which  have  been  placed  upon a site, building, or structure
    38  designated as a landmark or containing an  interior  landmark  or  in  a
    39  historic  district under any local law, regulation, resolution, or ordi-
    40  nance governing the  demolition,  construction,  reconstruction,  alter-
    41  ation, and/or other work on or near such site, building, or structure.
    42    9.  (a)  Upon  a  failure  of a local government to timely act upon an
    43  application to construct or occupy residences in  accordance  with  this
    44  section, or denial of such application in violation of this section, any
    45  party  aggrieved  by  any  such failure or denial may commence a special
    46  proceeding against the subject local government and the officer pursuant
    47  to article seventy-eight of the civil practice law  and  rules,  in  the
    48  supreme court within the judicial district in which the local government
    49  or the greater portion of the territory is located, to compel compliance
    50  with the provisions of this section.
    51    (b)  If,  upon commencement of such proceeding, it shall appear to the
    52  court that testimony is necessary for  the  proper  disposition  of  the
    53  matter,  the court may take evidence and determine the matter.  Alterna-
    54  tively, the court may appoint a  hearing  officer  pursuant  to  article
    55  forty-three of the civil practice law and rules to take such evidence as
    56  it  may  direct  and report the same to the court with the hearing offi-
        A. 8386--A                          7

     1  cer's findings of fact and conclusions of law, which shall constitute  a
     2  part  of the proceedings upon which the determination of the court shall
     3  be made. The court may reverse or affirm, wholly or partly, or may modi-
     4  fy any decision brought to the court for review.
     5    (c)  Attorneys'  fees  and  costs  shall  be allowed against the local
     6  government whose failure or refusal gave rise to the special  proceeding
     7  in  cases  in  which the denial of building permits is overturned by the
     8  court.
     9    10.  Notwithstanding  the  provisions  of  subdivision  five  of  this
    10  section,  a  city,  state,  or  federal  housing agency may regulate the
    11  design, construction, occupancy, marketing, and  leasing  of  affordable
    12  housing developed pursuant to this section when such agency is subsidiz-
    13  ing  the  operations,  development,  or  preservation of the housing and
    14  entering into a regulatory agreement with the owner thereof.
    15    11. The division of housing and community renewal, the attorney gener-
    16  al, and the department of  environmental  conservation  shall  have  the
    17  authority to promulgate any rules and regulations necessary to implement
    18  the  provisions  of this section. No later than one year from the effec-
    19  tive date of this section, the division of housing and community renewal
    20  shall promulgate rules and regulations including but not limited to  the
    21  following:
    22    (a)  the  percentage  of  a  household's income that may be devoted to
    23  housing costs when initially occupying  an  affordable  unit  and  which
    24  expenses shall be included in the calculation of housing costs;
    25    (b) occupancy standards for affordable units;
    26    (c)  enforcement  mechanisms  to  ensure  permanent  affordability  of
    27  affordable units developed pursuant to this section;
    28    (d) marketing standards for affordable units constructed  pursuant  to
    29  this  section,  provided,  however,  that  a city of one million or more
    30  inhabitants may regulate the marketing and leasing  of  such  affordable
    31  units according to the standard marketing guidelines promulgated by such
    32  city's  department of housing preservation and development, and provided
    33  further that marketing standards for all units constructed  pursuant  to
    34  this  section  must  include  a  requirement that they be leased or sold
    35  without consideration of an applicant's religious beliefs  and/or  prac-
    36  tices; and
    37    (e)  the  content  of  training that must be received by the religious
    38  corporation as a condition of the sale or lease of land for the develop-
    39  ment of a residential building pursuant to this section.
    40    12. The division of housing and community renewal shall provide  tech-
    41  nical assistance to municipal governments to aid in the adherence to the
    42  provisions  of  this  section and with the applicable revisions to local
    43  land use regulations and plans.
    44    § 3. This act shall take effect immediately.