Bill Text: NY S05914 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to urban development action areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-06-25 - SUBSTITUTED BY A8238 [S05914 Detail]

Download: New_York-2015-S05914-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5914
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 11, 2015
                                      ___________
       Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the general municipal law, in relation to urban develop-
         ment action areas
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  693  of the general municipal law, as amended by
    2  chapter 76 of the laws of 2012, is amended to read as follows:
    3    S 693. Area designation. An urban development  action  area  shall  by
    4  resolution  be  designated  by  the governing body, or by the commission
    5  where so authorized to act by the governing body, on its own  initiative
    6  or upon recommendation of the agency, provided at least sixty percent of
    7  such area is an eligible area. Any such designation shall be in conform-
    8  ance  with the standards and procedures required for all land use deter-
    9  minations  pursuant  to  general,  special  or  local  law  or  charter.
   10  Provided,  however,  that  if  a  proposed urban development action area
   11  project is to be developed on an eligible area and  consists  solely  of
   12  the  rehabilitation  or  conservation  of  existing  private or multiple
   13  dwellings or the construction of one to four unit  dwellings  or,  until
   14  June  thirtieth,  two  thousand  [fifteen] EIGHTEEN, for up to six urban
   15  development action area projects in any calendar year, the  construction
   16  of  up  to  ninety dwelling units financed by the federal government and
   17  restricted to occupancy by the elderly or by persons  with  disabilities
   18  without  any change in land use permitted by local zoning, the governing
   19  body, or the commission where so authorized  to  act  by  the  governing
   20  body, may waive the area designation requirement.
   21    S  2.    Subdivision 5 of section 694 of the general municipal law, as
   22  amended by chapter 76 of the  laws  of  2012,  is  amended  to  read  as
   23  follows:
   24    5.  Any  approval of an urban development action area project shall be
   25  in conformance with the standards and procedures required for  all  land
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11610-01-5
       S. 5914                             2
    1  use determinations pursuant to general, special or local law or charter.
    2  In a city having a population of one million or more, the governing body
    3  may  require  that the agency incorporate into the project any or all of
    4  the following: (i) the proposed number of residential units; (ii) wheth-
    5  er  such  units are home ownership units, rental units or condominium or
    6  cooperative units; (iii) a best estimate of the initial rents or selling
    7  prices for such units; (iv) the proposed income restrictions, if any, on
    8  renters or purchasers of such units; and (v)  the  basis  on  which  the
    9  consideration for the sale or lease of the property is to be determined.
   10  Provided,  however,  that  if the proposed urban development action area
   11  project consists solely of the rehabilitation or conservation of  exist-
   12  ing  private  or  multiple  dwellings or the construction of one to four
   13  unit  dwellings  or,  until  June  thirtieth,  two  thousand   [fifteen]
   14  EIGHTEEN,  for  up  to six urban development action area projects in any
   15  calendar year, the construction of up to ninety dwelling units  financed
   16  by  the federal government and restricted to occupancy by the elderly or
   17  by persons with disabilities without any change in land use permitted by
   18  local zoning, the governing body, or the commission where so  authorized
   19  to  act  by  the governing body, may waive any such standards and proce-
   20  dures required by local law or charter.
   21    S 3.  Paragraph (d) of subdivision 6 of section  695  of  the  general
   22  municipal  law, as amended by chapter 76 of the laws of 2012, is amended
   23  to read as follows:
   24    (d) Notwithstanding any standards or procedures established  for  land
   25  disposition  by  general,  special  or local law or charter, if an urban
   26  development action area project is to be developed on an  eligible  area
   27  and  consists  solely  of the rehabilitation or conservation of existing
   28  private or multiple dwellings or the construction of one  to  four  unit
   29  dwellings or, until June thirtieth, two thousand [fifteen] EIGHTEEN, for
   30  up  to  six urban development action area projects in any calendar year,
   31  the construction of up to ninety dwelling units financed by the  federal
   32  government and restricted to occupancy by the elderly or by persons with
   33  disabilities without any change in land use permitted by local zoning, a
   34  municipality  may  dispose  of the real property constituting such urban
   35  development action project to any person, firm, or corporation qualified
   36  pursuant to this subdivision by resolution of its governing body or,  in
   37  any  city  having  a population of one million or more, by action of the
   38  mayor, provided that such disposition is in accordance with the require-
   39  ments of this subdivision. Disposition  of  real  property  acquired  by
   40  condemnation  shall  be  in  accordance with the requirements of section
   41  four hundred six of the eminent domain procedure law, if applicable.
   42    S 4. This act shall take effect immediately.
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