Bill Text: NY S04542 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed - Dead) 2016-06-17 - referred to cities [S04542 Detail]

Download: New_York-2015-S04542-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4542--A
           Cal. No. 632
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 26, 2015
                                      ___________
       Introduced  by  Sens. KLEIN, ADDABBO, AVELLA, GOLDEN, PERALTA, SAVINO --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on  Cities  -- reported favorably from said committee,
         ordered to first and  second  report,  ordered  to  a  third  reading,
         amended  and  ordered  reprinted,  retaining its place in the order of
         third reading
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  the location of supportive housing facilities and social
         services centers, and renewal of the lease or operation of such facil-
         ity or center
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The administrative code of the city of New York is amended
    2  by adding a new section 25-111-a to read as follows:
    3    S 25-111-A CITY PLANNING  COMMISSION  TO  REGULATE  THE  LOCATION  AND
    4  CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
    5  CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT
    6  THE  LOCATION  OF  SUPPORTIVE  HOUSING  FACILITIES  AND  SOCIAL SERVICES
    7  CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES  OR  PLANS  OF
    8  OPERATION  FOR  SUCH FACILITIES AND CENTERS.  ADDITIONALLY, UPON PASSAGE
    9  AND FILING WITH SUCH COMMISSION OF A RESOLUTION BY THE  COMMUNITY  BOARD
   10  IN  WHICH  A FACILITY OR CENTER IS LOCATED, THE CITY PLANNING COMMISSION
   11  MAY SET THE CONDITIONS FOR THE RENEWAL OF A LEASE OR PLAN  OF  OPERATION
   12  OF SUCH FACILITY OR CENTER.
   13    B.  FOR  THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
   14  SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
   15  THE STATE, THE CITY, OR A NOT-FOR-PROFIT  ORGANIZATION,  WHICH  PROVIDES
   16  HOUSING  ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
   17  FIFTY OR MORE NON-RESIDENT CLIENTS PER  DAY  WHO  HAVE  MENTAL  ILLNESS,
   18  TRAUMA,  ABUSE, CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS
   19  FOR THE HOMELESS, OR ABUSED WOMEN AND CHILDREN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04367-02-5
       S. 4542--A                          2
    1    C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE  ESTABLISHMENT
    2  OR  LOCATION,  OR,  UPON  PASSAGE  AND  FILING WITH SUCH COMMISSION OF A
    3  RESOLUTION BY THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY OR
    4  CENTER IS LOCATED, THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
    5  OPERATION,  OF  A  SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER
    6  UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
    7    D. NO SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER  SHALL  BE
    8  ESTABLISHED  OR  LOCATED  IN THE CITY, NOR, PURSUANT TO SUBDIVISION H OF
    9  THIS SECTION, SHALL THE LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION
   10  OF SUCH A FACILITY OR CENTER BE  RENEWED,  UNTIL  THE  OPERATOR  THEREOF
   11  SHALL  HAVE FILED NOTICE OF SUCH PROPOSED OR EXISTING SUPPORTIVE HOUSING
   12  FACILITY OR SOCIAL SERVICES CENTER WITH THE CITY PLANNING COMMISSION AND
   13  THE COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILITY OR CENTER  IS
   14  PROPOSED  TO  BE  LOCATED  OR  IS LOCATED.   SUCH NOTICE SHALL CONTAIN A
   15  DESCRIPTION OF THE SCOPE, NATURE, SIZE AND KINDS OF  TREATMENT  PROGRAMS
   16  TO  BE  PROVIDED,  THE  SPECIFIC  ADDRESS OF THE FACILITY OR CENTER, THE
   17  NUMBER OF ANTICIPATED RESIDENTS OR CLIENTS, THE  ENTITIES  THAT  FINANCE
   18  ITS  ESTABLISHMENT  OR OPERATIONS, AND THE AMOUNT OF FINANCING ISSUED TO
   19  ESTABLISH AND OPERATE SUCH FACILITY OR CENTER STATED AS BOTH A  SPECIFIC
   20  DOLLAR AMOUNT AND AS A PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED
   21  TO ESTABLISH AND OPERATE SUCH FACILITY OR CENTER.
   22    E.  NOT  LESS  THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
   23  OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS  SECTION,  THE  CITY
   24  PLANNING  COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
   25  OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
   26  IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY  OR  SOCIAL  SERVICES
   27  CENTER,  OR  THE  CONTINUED  OPERATION  OF  SUCH FACILITY OR CENTER UPON
   28  RENEWAL OF THE LEASE OR CONTRACT TO  FINANCE  ITS  OPERATION,  UPON  THE
   29  COMMUNITY  AND  IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND
   30  CENTERS IN THE AFFECTED COMMUNITY.  SUCH IMPACT MAY INCLUDE  AND  RELATE
   31  TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
   32  ITY  OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND
   33  THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH  LOCAL
   34  COMMUNITY.  THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
   35  REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
   36  DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH
   37  COMMUNITY  FORUM  AND  MEASURES  THAT  MAY  HELP TO MITIGATE AGAINST ANY
   38  ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH  COMMUNITY.    EVERY  SUCH
   39  FORUM  SHALL  BE  HELD  UPON  NOT  LESS  THAN  TWENTY DAYS NOTICE TO THE
   40  AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
   41    F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
   42  TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
   43  THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS  TO  ESTAB-
   44  LISHING  A  CONVENIENT  DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
   45  THE LOCALLY IMPACTED COMMUNITY. SUCH  FORUM  LOCATION  SHALL  BE  WITHIN
   46  REASONABLE  PROXIMITY  OF  THE  PROPOSED  SUPPORTIVE HOUSING FACILITY OR
   47  SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
   48  ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
   49    G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER  HOLDING
   50  A  COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
   51  ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE,  MODIFY  OR  DENY
   52  AUTHORIZATION  OR  REAUTHORIZATION  FOR  THE  LOCATION, ESTABLISHMENT OR
   53  CONTINUED  OPERATION  OF  THE  SUPPORTIVE  HOUSING  FACILITY  OR  SOCIAL
   54  SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR
   55  CENTER.  IF  SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE
   56  COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF  TIME  SUCH
       S. 4542--A                          3
    1  FACILITY  OR  CENTER  IS  AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH
    2  APPLICATION  BE  DENIED,  THE  SPONSOR  OF  SUCH  APPLICATION  SHALL  BE
    3  PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR
    4  OPERATION  OF  SUCH  FACILITY OR CENTER, OR ANY SIMILAR TYPE FACILITY OR
    5  CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
    6    H. THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION  SHALL
    7  ONLY  APPLY  TO APPLICATIONS FOR THE CONTINUED OPERATION OF A SUPPORTIVE
    8  HOUSING FACILITY OR SOCIAL SERVICES CENTER PURSUANT TO THIS  SECTION  IF
    9  THE  COMMUNITY  BOARD  OF  THE LOCALITY IN WHICH A FACILITY OR CENTER IS
   10  LOCATED PASSES AND FILES WITH SUCH COMMISSION A RESOLUTION REQUESTING  A
   11  HEARING  ON  SUCH  RENEWAL AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE
   12  EXPIRATION OF THE EXISTING LEASE OR CONTRACT. UPON PASSAGE AND FILING OF
   13  SUCH A RESOLUTION, NO SUCH FACILITY OR CENTER SHALL CONTINUE TO  OPERATE
   14  UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE COMPLIED WITH.
   15    S  2.  This  act  shall take effect on the sixtieth day after it shall
   16  have become a law.