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A02017 Summary:

COSPNSRBurdick, Levenberg, Otis, McDonald
Requires local governments to prepare and adopt an affordable housing plan no later than December 31, 2024; defines local government as a city, town or village; requires plan to identify the regional need for affordable housing, as well as such need within the local government; makes related requirements; directs such local governments to hold at least one public hearing on the draft plan and one public hearing on the final plan; makes related provisions.
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A02017 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act in relation to directing local governments to prepare and adopt an affordable housing plan no later than December 31, 2024   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to direct local governments to prepare a plan to help meet the affordable housing needs of their community and region.   SUMMARY OF PROVISIONS: Section 1. Provides that each local government shall adopt an affordable housing plan. The plan, at a minimum, must examine the following options to create affordable housing: financial assistance to home buyers, the production of new housing, the rehabilitation of existing buildings, the acquisition of interest in real property in the existing housing stock for the production of affordable housing, the creation of accessory dwelling units, and housing counseling services. Section 2. Provides that such plan adheres to accepted land use princi- ples in preparing the plan. Section 3. Provides that such plan may include the establishment of a map or maps that delineate the affordable housing recommendations. The plan must also be updated at least once every five years. The plan must provide for the equitable distribution of housing opportunities and avoid undue concentration in any community: Section 4. Provides that the governing body of the local government hold public hearings and informational meetings to insure adequate public participation in the creation of the plan. Section 5. If any part of this act is to be found invalid by a court of competent jurisdiction, the decision shall not render the remainder of this act invalid and void. Section 6. Effective date.   JUSTIFICATION: Residents of New York State, regardless of which region they reside in, face an ever-worsening affordable housing market that has continued to undermine quality of life and statewide economic stability. A 2019 report by the Office of the New York State Comptroller found that the median household income between 2008 to 2017 roses by 2.5%, while rent increased by nearly 13% in that same period. For homeowners, nearly 1.1 million in New York State paid costs exceeding the 30% total income affordability benchmark in housing costs in 2017. In addition to these startling figures, New Yorkers have faced historic economic challenges brought on by the ongoing COVID-19 pandemic and soaring inflation. Furthermore, the counties that reported the most economic stress due to unaffordable housing were not solely limited to New York City. Rock- land, Greene, Suffolk, Nassau, Tompkins, and Ulster Counties have some of the highest proportions of renters and homeowners paying more than 30% of their income on housing in the state per the aforementioned study. The State Legislature has delegated to local government the home rule authority to enact zoning and land use regulations. Such regulations are a critical component in providing a balanced housing policy that meets the demand for affordable housing. According to the State Court of Appeals, in the landmark housing case, Berenson v New Castle, local governments have an obligation to consider regional housing needs and the greater public interest when implementing zoning and land use regu- lations. To meet that obligation enumerated by the State Court of Appeals, local governments must first have a plan. To that end, this bill will require local governments to craft and enact comprehensive five-year plans to address the local and regional lack of affordable housing and the appropriate solutions deemed necessary.   PRIOR LEGISLATIVE HISTORY: 2021-22: A.9945   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A02017 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2023
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Local Governments
        AN  ACT  in relation to directing local governments to prepare and adopt
          an affordable housing plan no later than December 31, 2024
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Each local government shall prepare and adopt an affordable
     2  housing  plan.  For  the  purposes of this act, "local government" shall
     3  mean a city, town, or village. Such plan  shall  identify  the  regional
     4  need  for affordable housing, as well as the need for affordable housing
     5  within the local government. Such plan shall  specify  how  the  munici-
     6  pality intends to increase the number of affordable housing units in the
     7  region and local government. In preparing the plan, the local government
     8  shall  examine,  but  not  be limited to the following options to create
     9  affordable housing:  (a) the provision of financial assistance to  home-
    10  buyers;  (b)  the  production  of  affordable  housing for sale; (c) the
    11  production of affordable housing for rent; (d) the production of afford-
    12  able housing in conjunction with public/private  partnerships;  (e)  the
    13  rehabilitation  of  existing buildings and structures for the purpose of
    14  conversion to affordable housing; (f) the acquisition  of  interests  in
    15  real  property  in existing housing stock to produce affordable housing;
    16  (g) the creation of accessory dwelling units; (h) the creation of  mixed
    17  use  developments that include affordable housing; and (i) the provision
    18  of housing counseling services.
    19    § 2. Such plan shall adhere to the following land use principles:  (a)
    20  account  for  and  minimize social, economic, and environmental costs of
    21  new development, including infrastructure costs such as  transportation,
    22  sewers,  and  wastewater treatment, water, schools, recreation, and loss
    23  of open space and agricultural land; (b) encourage development in  areas
    24  where  transportation, water, and sewage infrastructure are available or
    25  practical; (c) protect, preserve, and  enhance  the  state's  resources,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2017                             2
     1  including  agricultural  land,  forests,  surface  waters,  groundwater,
     2  recreation and open space, scenic areas, and  significant  historic  and
     3  archeological sites; (d) promote coordination of state and local govern-
     4  ment decisions and cooperation among communities to work toward the most
     5  efficient,  planned  and  cost-effective delivery of government services
     6  by, among other means, facilitating cooperative agreements  among  adja-
     7  cent  communities, and to coordinate planning to ensure compatibility of
     8  one's community development with development of neighboring communities;
     9  (e) strengthen communities through development and redevelopment strate-
    10  gies that include integration of all income and age groups,  mixed  land
    11  uses,  and  compact  development,  traditional neighborhood development,
    12  planned unit development, open space districts, downtown revitalization,
    13  brownfield redevelopment, enhanced beauty in public spaces, and  diverse
    14  and community housing in close proximity to places of employment, recre-
    15  ation,  and  commercial development; (f) provide transportation choices,
    16  including increasing public transit and alternative modes of transporta-
    17  tion, in order to reduce automobile dependency, traffic congestion,  and
    18  automobile pollution; (g) ensure predictability in building and land use
    19  codes;  and  (h) provide for and encourage local governments to develop,
    20  through a collaborative community-based effort, plans that include  long
    21  term  land  use  and  permit  predictability and coordination, efficient
    22  decision making and planning implementation.
    23    § 3. Such plan may include the establishment of a  map  or  maps  that
    24  delineate  the  affordable housing recommendations proposed by the local
    25  government. Such plan shall be updated at least once every  five  years.
    26  Such plan shall ensure that all housing created remains affordable. Such
    27  plan  shall provide for the equitable distribution of affordable housing
    28  opportunities in the local government and region. The plan shall  ensure
    29  that  no  community  has  an  undue  concentration of affordable housing
    30  opportunities that would substantially alter the character of the commu-
    31  nity. In determining equitable distribution of affordable housing oppor-
    32  tunities, existing affordable housing opportunities in a community shall
    33  be considered.
    34    § 4. (a) The governing body of the local government shall hold  public
    35  hearings  and other informational meetings and organize other activities
    36  to inform residents about the process of preparing the plan.
    37    (b) The governing body of the local government shall hold at least one
    38  public hearing on the draft plan and one public  hearing  on  the  final
    39  plan. The local government shall post a copy of any draft plan or amend-
    40  ment to such plan on the website of the local government.
    41    (c) The final plan shall be adopted by the governing body by local law
    42  or  resolution,  as  appropriate,  no  later than December 31, 2024. All
    43  public hearings shall be on at least ten days' notice to the public. All
    44  notices of public hearings shall be published in the official  newspaper
    45  of the local government and posted on the official signboard and website
    46  of  the  local government. After adoption of the plan, the local govern-
    47  ment shall file the final plan in the office of the clerk of such  local
    48  government  and  post  the  plan on the website of the local government.
    49  Following such adoption, the local government shall regularly review and
    50  maintain such plan.
    51    § 5. If any clause, sentence, subdivision, paragraph, section or  part
    52  of  this act shall be adjudged by any court of competent jurisdiction to
    53  be invalid, and such decision is not reversed or is otherwise deemed  to
    54  be  final, such judgment shall not have the effect of rendering this act
    55  invalid, inoperative and void.
    56    § 6. This act shall take effect immediately.
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