NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9765
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the urban development corporation act and the general
municipal law, in relation to including temporarily erected structures
in the definition of "substandard or insanitary area"
PURPOSE:
This legislation includes temporarily erected structures, including, but
not limited to, scaffolding, in the definition of the term "substandard
or insanitary area" as the term relates to blight.
SUMMARY OF PROVISIONS:
Section I amends subdivision 12 of section 3 of section 1 of the urban
development corporation act, by adding temporarily erected structures,
including, but not limited to, scaffolding, in the definition of the
term "substandard or insanitary area". Along with this it identifies
these areas to be potential blight causing hazards in any area regard-
less of whether or not it is residential or not.
Section 2 amends subdivision 4 of section 502 of the general municipal
law, as amended by chapter 748 of the laws of 1967, by adding temporar-
ily erected structures, including, but not limited to, scaffolding, in
the definition of the term "substandard or insanitary area". This also
highlights any areas that are deteriorating and is causing a blighting
issue on the area itself and any surrounding areas. This is related to
anything regarding air rights and can be dealt with through any urban
renewal programs.
Section 3 provides for the effective date.
JUSTIFICATION:
The presence of massive scaffolding installations at New York City Hous-
ing Authority ("NYCHA") developments is a chronic health, safety and
quality of life concern for residents. Scaffolding is often left erected
for substantial lengths of time, sometimes years, as the costs paid to
contractors add up, even while no work or inspections are taking place,
or after work has been completed. Scaffolding structures regularly used
for large-scale renovation, construction and pointing often create large
pockets of walkway areas that block light, limit walking access, and
increase vulnerability for residents, especially at night. These struc-
tures are also often unsightly and poorly maintained, creating blight.
Courts have granted government great deference in determining what
constitutes blight, and historically, this power has been used to seize
land in urban communities strictly for large-scale development, even
against the will of the community subject to said development. This
legislation seeks to instead use blight determinations to address an
ongoing health and safety concern for NYCHA residents where NYCHA cannot
or will not act to remove unsightly and dangerous scaffolding.
LEGISLATIVE HISTORY:
S7358 of 2021-2022: Referred to Corporations, Authorities, and Commis-
sions.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9765
IN ASSEMBLY
April 4, 2024
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the urban development corporation act and the general
municipal law, in relation to including temporarily erected structures
in the definition of "substandard or insanitary area"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 12 of section 3 of section 1 of chapter 174 of
2 the laws of 1968, constituting the urban development corporation act is
3 amended to read as follows:
4 (12) "Substandard or insanitary area". The term "substandard or insan-
5 itary area" shall mean and be interchangeable with a [slum,] blighted,
6 deteriorated or deteriorating area, or an area which has a blighting
7 influence on the surrounding area, whether residential, non-residential,
8 commercial, industrial, vacant or land in highways, waterways, railway
9 and subway tracks and yards, bridge and tunnel approaches and entrances,
10 temporarily erected structures including but not limited to scaffolding,
11 or other similar facilities, over which air rights and easements or
12 other rights of user necessary for the use and development of such air
13 rights, to be developed as air rights sites for the elimination of the
14 blighting influence, or any combination thereof and may include land,
15 buildings or improvements, or air rights and concomitant easements or
16 other rights of user necessary for the use and development of such air
17 rights not in themselves substandard or insanitary.
18 § 2. Subdivision 4 of section 502 of the general municipal law, as
19 amended by chapter 748 of the laws of 1967, is amended to read as
20 follows:
21 4. "Substandard or insanitary area." The term "substandard or insani-
22 tary area" shall mean and be interchangeable with a [slum,] blighted,
23 deteriorated or deteriorating area, or an area which has a blighting
24 influence on the surrounding area, whether residential, non-residential,
25 commercial, industrial, vacant, or land in highways, railway and subway
26 tracks, bridge and tunnel approaches and entrances, temporarily erected
27 structures including but not limited to scaffolding, or other similar
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06215-01-3
A. 9765 2
1 facilities, over which air rights and easements or other rights of user
2 necessary for the use and development of such air rights, to be devel-
3 oped as air rights sites for the elimination of the blighting influence,
4 or any combination thereof and may include land, buildings or improve-
5 ments, or air rights and concomitant easements or other rights of user
6 necessary for the use and development of such air rights, not in them-
7 selves substandard or insanitary, the inclusion of which is deemed
8 necessary for the effective undertaking of one or more urban renewal
9 programs.
10 § 3. This act shall take effect immediately.
