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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2017
SPONSOR: Thiele 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.
STATE OF NEW YORK
________________________________________________________________________
2017
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.
LBD05693-01-3
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.
