Bill Text: NY S07956 | 2013-2014 | General Assembly | Introduced

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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 or social services center.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2014-12-01 - REFERRED TO RULES [S07956 Detail]

Download: New_York-2013-S07956-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7956
                                   I N  S E N A T E
                                   December 1, 2014
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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.
    9    B.  FOR  THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
   10  SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
   11  THE STATE, THE CITY, OR A NOT-FOR-PROFIT  ORGANIZATION,  WHICH  PROVIDES
   12  HOUSING  ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
   13  FIFTY OR MORE NON-RESIDENT CLIENTS PER  DAY  WHO  HAVE  MENTAL  ILLNESS,
   14  TRAUMA,  ABUSE, CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS
   15  FOR THE HOMELESS, OR ABUSED WOMEN AND CHILDREN.
   16    C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE  ESTABLISHMENT
   17  OR  LOCATION,  OR  THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
   18  OPERATION, OF A SUPPORTIVE HOUSING FACILITY OR  SOCIAL  SERVICES  CENTER
   19  UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
   20    D.  NO  SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER SHALL BE
   21  ESTABLISHED OR LOCATED IN THE  CITY,  NOR  SHALL  THE  LEASE  FOR  OR  A
   22  CONTRACT  TO  FINANCE  THE  OPERATION  OF  SUCH  A FACILITY OR CENTER BE
   23  RENEWED, UNTIL THE OPERATOR THEREOF SHALL  HAVE  FILED  NOTICE  OF  SUCH
   24  PROPOSED  OR  EXISTING  SUPPORTIVE  HOUSING  FACILITY OR SOCIAL SERVICES
   25  CENTER WITH THE CITY PLANNING COMMISSION AND THE COMMUNITY BOARD OF  THE
   26  LOCALITY  IN  WHICH SUCH FACILITY OR CENTER IS PROPOSED TO BE LOCATED OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15787-03-4
       S. 7956                             2
    1  IS LOCATED.   SUCH NOTICE SHALL CONTAIN  A  DESCRIPTION  OF  THE  SCOPE,
    2  NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS TO BE PROVIDED, THE SPECIF-
    3  IC  ADDRESS  OF  THE FACILITY OR CENTER, THE NUMBER OF ANTICIPATED RESI-
    4  DENTS  OR  CLIENTS, THE ENTITIES THAT FINANCE ITS ESTABLISHMENT OR OPER-
    5  ATIONS, AND THE AMOUNT OF FINANCING ISSUED TO ESTABLISH AND OPERATE SUCH
    6  FACILITY OR CENTER STATED AS BOTH A SPECIFIC  DOLLAR  AMOUNT  AND  AS  A
    7  PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED TO ESTABLISH AND OPER-
    8  ATE SUCH FACILITY OR CENTER.
    9    E.  NOT  LESS  THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
   10  OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS  SECTION,  THE  CITY
   11  PLANNING  COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
   12  OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
   13  IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY  OR  SOCIAL  SERVICES
   14  CENTER,  OR  THE  CONTINUED  OPERATION  OF  SUCH FACILITY OR CENTER UPON
   15  RENEWAL OF THE LEASE OR CONTRACT TO  FINANCE  ITS  OPERATION,  UPON  THE
   16  COMMUNITY  AND  IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND
   17  CENTERS IN THE AFFECTED COMMUNITY.  SUCH IMPACT MAY INCLUDE  AND  RELATE
   18  TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
   19  ITY  OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND
   20  THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH  LOCAL
   21  COMMUNITY.  THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
   22  REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
   23  DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH
   24  COMMUNITY  FORUM  AND  MEASURES  THAT  MAY  HELP TO MITIGATE AGAINST ANY
   25  ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH  COMMUNITY.    EVERY  SUCH
   26  FORUM  SHALL  BE  HELD  UPON  NOT  LESS  THAN  TWENTY DAYS NOTICE TO THE
   27  AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
   28    F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
   29  TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
   30  THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS  TO  ESTAB-
   31  LISHING  A  CONVENIENT  DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
   32  THE LOCALLY IMPACTED COMMUNITY. SUCH  FORUM  LOCATION  SHALL  BE  WITHIN
   33  REASONABLE  PROXIMITY  OF  THE  PROPOSED  SUPPORTIVE HOUSING FACILITY OR
   34  SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
   35  ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
   36    G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER  HOLDING
   37  A  COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
   38  ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE,  MODIFY  OR  DENY
   39  AUTHORIZATION  OR  REAUTHORIZATION  FOR  THE  LOCATION, ESTABLISHMENT OR
   40  CONTINUED  OPERATION  OF  THE  SUPPORTIVE  HOUSING  FACILITY  OR  SOCIAL
   41  SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR
   42  CENTER.  IF  SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE
   43  COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF  TIME  SUCH
   44  FACILITY  OR  CENTER  IS  AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH
   45  APPLICATION  BE  DENIED,  THE  SPONSOR  OF  SUCH  APPLICATION  SHALL  BE
   46  PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR
   47  OPERATION  OF  SUCH  FACILITY OR CENTER, OR ANY SIMILAR TYPE FACILITY OR
   48  CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
   49    H. THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION  SHALL
   50  APPLY  TO  EVERY APPLICATION FOR THE CONTINUED OPERATION OF A SUPPORTIVE
   51  HOUSING FACILITY OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION.  NO
   52  SUCH  FACILITY OR CENTER SHALL CONTINUE TO OPERATE UNTIL SUCH PROVISIONS
   53  OF THIS SECTION SHALL BE COMPLIED WITH.
   54    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   55  have become a law.