Bill Text: NY S04835 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires housing affordability impact notes in relation to rules with the purpose or effect to increase or decrease the cost of constructing, purchasing, owning or selling a single family residence or a multi-unit housing development, either directly or indirectly.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S04835 Detail]

Download: New_York-2023-S04835-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4835

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 15, 2023
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business

        AN  ACT  to amend the state administrative procedure act, in relation to
          requiring housing affordability impact notes in  relation  to  certain
          rules

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

     1    Section 1. The state administrative procedure act is amended by adding
     2  a new section 202-g to read as follows:
     3    § 202-g. Housing affordability impact  notes.  1.    Every  rule,  the
     4  purpose  or  effect  of  which  is  to  increase or decrease the cost of
     5  constructing, purchasing, owning or selling a single family residence or
     6  a multi-unit housing development, either directly or  indirectly,  shall
     7  be  accompanied  by  a  brief  explanatory  statement or note that shall
     8  include a reliable estimate of the anticipated impact on  such  housing.
     9  These statements or notes shall be known as housing affordability impact
    10  notes.
    11    2. Every state agency, excluding the division of housing and community
    12  renewal, the New York state housing finance agency, and the state of New
    13  York mortgage agency, proposing the adoption, repeal or amendment of any
    14  rule  to  which subdivision one of this section applies, shall present a
    15  copy of the proposal, with  the  request  for  a  housing  affordability
    16  impact  note  to  the  New  York state division of housing and community
    17  renewal. The housing affordability impact note shall be prepared by  the
    18  division  and  submitted  to  the  agency proposing the rule within five
    19  calendar days, except where, because of the complexity of  the  measure,
    20  additional  time is required for the preparation of the housing afforda-
    21  bility impact note. In such case, the division may inform the agency and
    22  the agency may approve an extension of the time within which the note is
    23  to be submitted, not to exceed, however, more than thirty days following

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06564-01-3
        S. 4835                             2

     1  the date of the request. The division may seek assistance from a  state-
     2  wide  trade  organization  representing the real estate or home building
     3  industry in the preparation of a housing affordability impact note.  If,
     4  in  the  opinion  of  the division, there is insufficient information to
     5  prepare a reliable estimate of the anticipated impact,  a  statement  to
     6  that  effect  can  be  filed  and  shall  meet  the requirements of this
     7  section.
     8    3. The note shall be factual in nature, as brief and concise as possi-
     9  ble, and shall provide a reasonable estimate in dollars  of  the  rule's
    10  housing  impact. In addition, it shall include both the immediate effect
    11  and, if determinable or reasonably foreseeable, the long  range  effects
    12  of the measure. A housing affordability impact note shall be prepared on
    13  the  basis of a single family residence or a multi-unit housing develop-
    14  ment and may include an estimate for a larger development as an analysis
    15  of the long range effect of a measure. If, after careful  investigation,
    16  it  is  determined  that  no dollar estimate is possible, the note shall
    17  contain a statement to that effect setting  forth  the  reasons  why  no
    18  dollar  estimate can be given. A brief summary or work sheet of computa-
    19  tions used in arriving at  housing  affordability  impact  note  figures
    20  shall be included.
    21    4. No comment or opinion shall be included in the housing affordabili-
    22  ty  impact  note  with regard to the merits of the measure for which the
    23  housing affordability impact note is  prepared;  however,  technical  or
    24  mechanical defects may be noted.
    25    §  2. This act shall take effect on the first of January next succeed-
    26  ing the date on which it shall have become a law.