NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10404
SPONSOR: Rules (Bichotte Hermelyn) TITLE OF BILL:
An act to amend the general municipal law, in relation to extending
provisions of law relating to urban development action areas
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to extend, for three years, the authori-
zation for an expedited land use review for Urban Development Action
Area Projects for low-income residential rental developments for seniors
and the disabled that are funded by the federal government.
SUMMARY OF PROVISIONS:
Existing provisions of Article 16 of the General Municipal Law ("GML")
authorize expedited land use review of Urban Development Action Area
Projects ("UDAAP") for low-income residential rental developments for
seniors and the disabled that are funded by the federal government
(commonly known as Section 202 and Section 811 housing) until June 30,
2024. This bill would continue to allow Section 202 and Section 811
housing units to be subject to the UDAAP accelerated review process
until June 30, 2027.
JUSTIFICATION:
This bill would assist in the development of federally financed housing
for low-income elderly and disabled persons by continuing to make such
developments eligible for expedited land use review. Under Section 202,
the Supportive Housing Program for the Elderly, and Section 811, the
Supportive Housing Program for Persons with Disabilities, not-for-profit
sponsors purchase City-owned land and construct new multiple dwellings
with financing from the United States Department of Housing and Urban
Development ("HUD"). The completed buildings provide rental housing for
elderly or disabled persons of low income and receive operating subsi-
dies from HUD. Since 2002, HUD has financed close to 3,000 units of
Section 202 and Section 811 housing in New York City.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act would take effect immediately. If the act is enacted after June
30, 2024, it would be deemed to have been in effect on June 30, 2024
STATE OF NEW YORK
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10404
IN ASSEMBLY
May 22, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Bichotte Hermelyn) -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, in relation to extending
provisions of law relating to urban development 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 161 of the laws of 2021, is amended to read as follows:
3 § 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 [twenty-four] twenty-seven, for up to six
15 urban development action area projects in any calendar year, the
16 construction of up to ninety dwelling units financed by the federal
17 government and restricted to occupancy by the elderly or by persons with
18 disabilities without any change in land use permitted by local zoning,
19 the governing body, or the commission where so authorized to act by the
20 governing body, may waive the area designation requirement.
21 § 2. Subdivision 5 of section 694 of the general municipal law, as
22 amended by chapter 161 of the laws of 2021, 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
26 use determinations pursuant to general, special or local law or charter.
27 In a city having a population of one million or more, the governing body
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15472-01-4
A. 10404 2
1 may require that the agency incorporate into the project any or all of
2 the following: (i) the proposed number of residential units; (ii) wheth-
3 er such units are home ownership units, rental units or condominium or
4 cooperative units; (iii) a best estimate of the initial rents or selling
5 prices for such units; (iv) the proposed income restrictions, if any, on
6 renters or purchasers of such units; and (v) the basis on which the
7 consideration for the sale or lease of the property is to be determined.
8 Provided, however, that if the proposed urban development action area
9 project consists solely of the rehabilitation or conservation of exist-
10 ing private or multiple dwellings or the construction of one to four
11 unit dwellings or, until June thirtieth, two thousand [twenty-four]
12 twenty-seven, for up to six urban development action area projects in
13 any calendar year, the construction of up to ninety dwelling units
14 financed by the federal government and restricted to occupancy by the
15 elderly or by persons with disabilities without any change in land use
16 permitted by local zoning, the governing body, or the commission where
17 so authorized to act by the governing body, may waive any such standards
18 and procedures required by local law or charter.
19 § 3. Paragraph (d) of subdivision 6 of section 695 of the general
20 municipal law, as amended by chapter 161 of the laws of 2021, is amended
21 to read as follows:
22 (d) Notwithstanding any standards or procedures established for land
23 disposition by general, special or local law or charter, if an urban
24 development action area project is to be developed on an eligible area
25 and consists solely of the rehabilitation or conservation of existing
26 private or multiple dwellings or the construction of one to four unit
27 dwellings or, until June thirtieth, two thousand [twenty-four] twenty-
28 seven, for up to six urban development action area projects in any
29 calendar year, the construction of up to ninety dwelling units financed
30 by the federal government and restricted to occupancy by the elderly or
31 by persons with disabilities without any change in land use permitted by
32 local zoning, a municipality may dispose of the real property constitut-
33 ing such urban development action project to any person, firm, or corpo-
34 ration qualified pursuant to this subdivision by resolution of its
35 governing body or, in any city having a population of one million or
36 more, by action of the mayor, provided that such disposition is in
37 accordance with the requirements of this subdivision. Disposition of
38 real property acquired by condemnation shall be in accordance with the
39 requirements of section four hundred six of the eminent domain procedure
40 law, if applicable.
41 § 4. This act shall take effect immediately; provided, however, that
42 if this act shall have become a law after June 30, 2024, this act shall
43 take effect immediately and shall be deemed to have been in full force
44 and effect on and after June 30, 2024.
