Bill Text: NY S09626 | 2023-2024 | General Assembly | Introduced

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Bill Title: Removes residential dwelling units that must be affordable to residents at a specific income level from the definition of "construction contracts" for the purposes of certain provisions of the General Business Law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO CONSUMER PROTECTION [S09626 Detail]

Download: New_York-2023-S09626-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9626

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation to the  definition
          of construction contracts

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

     1    Section 1. Subdivision 1 of section 756 of the general  business  law,
     2  as  amended  by  chapter  417 of the laws of 2009, is amended to read as
     3  follows:
     4    1. "Construction contract" means a written or oral agreement  for  the
     5  construction, reconstruction, alteration, maintenance, moving or demoli-
     6  tion of any building, structure or improvement, or relating to the exca-
     7  vation  of  or  other  development or improvement to land, and where the
     8  aggregate  cost  of  the  construction  project  including  all   labor,
     9  services, materials and equipment to be furnished, equals or exceeds one
    10  hundred  fifty  thousand  dollars.  For  the  purposes of this article a
    11  construction contract shall not  include  any  such  contract  made  and
    12  awarded  by  the state, any public department, any public benefit corpo-
    13  ration, any public corporation  or  official  thereof,  or  a  municipal
    14  corporation or official thereof for construction, reconstruction, alter-
    15  ation,  repair,  maintenance,  moving  or demolition of any public works
    16  project nor any contract with a contractor  or  subcontractor  which  is
    17  part  of  such project; or any such contract the purpose of which is the
    18  construction, reconstruction, alteration, repair, maintenance, moving or
    19  demolition of an individual one, two or three family residential  dwell-
    20  ing or a residential tract development of one hundred or less one or two
    21  family  dwellings,  or  any  residential  construction project where the
    22  aggregate size of such project is four thousand five hundred square feet
    23  or less, or any residential project [of fewer  than  seventy-five  units
    24  which  receives  financial  assistance  from the federal government, the
    25  state or a municipal entity designed for households earning  an  average
    26  of  one hundred twenty-five percent of the housing and urban development
    27  agency area median income] that includes  or  will  include  residential
    28  dwelling units that must be affordable to residents at a specific income

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15695-01-4
        S. 9626                             2

     1  level  pursuant  to  a  statute,  regulation, restrictive declaration or
     2  pursuant to a regulatory agreement  with  a  federal,  state,  or  local
     3  government entity.
     4    § 2. This act shall take effect immediately.