NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8238 REVISED 6/17/15
SPONSOR: Joyner TITLE OF BILL: An act to amend the general municipal law, in relation
to urban development action areas
SUMMARY OF PROVISIONS: Existing provisions of Article 16 of the
General Municipal Law permit expedited land use review under Urban
Development Action Area Project (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 hous-
ing) until June 30, 2015. 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, 2018.
REASONS FOR SUPPORT: This bill would strongly assist in the develop-
ment 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 for the
Elderly Program, 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 subsidies from HUD. Since 2002, HUD has
financed over 2,800 units of Section 202 and Section 811 housing in New
York City.
Over 95% of these units were allocated to the low income elderly, and
the majority are located in areas of Brooklyn and the Bronx where the
demand was greatest for this desperately needed, but scarce, housing
resource. As a general rule, the sale of City-owned land for such
projects is subject to the Uniform Land Use Review Procedure (ULURP),
which can take as long as 11 months to complete and delays the avail-
ability of affordable housing for these vulnerable populations. Expe-
dited land use review under the UDAAP provisions in Article 16 of the
General Municipal Law, however, can take as little as 150 days.
For federally funded Section 202 and Section 811 developments, the
difference between getting approval in 150 days compared to 11 months
can be significant. Once the competitive funding for these HUD develop-
ments are allocated, the timeframes for completion cannot be renegoti-
ated. A lengthy approval process can quickly result in rising costs,
requiring the City to find additional funds from other sources, exceed-
ingly scarce in this fiscal environment, to cover the delay-caused over-
runs. This, in turn, stretches out the development process even longer.
Continuing to allow land use review of Section 202 and Section 811
developments to proceed under UDAAP shortens the approval process.
For federally funded Section 202 and Section 811 developments, the
difference between getting approval in 150 days compared to 11 months
can be significant. Once the competitive funding for these HUD develop-
ments are allocated, the timeframes for completion cannot be renegoti-
ated. A lengthy approval process can quickly result in rising costs,
requiring the City to find additional funds from other sources, exceed-
ingly scarce in this fiscal environment, to cover the delay-caused over-
runs. This, in turn, stretches out the development process even longer.
Continuing to allow land use review of Section 202 and Section 811
developments to proceed under UDAAP shortens the approval process while
still maintaining the City Council's full land use review authority, and
will help to ensure the timely and successful completion of these impor-
tant housing developments.
The ability to accelerate the land use approval process of these devel-
opments will sunset on June 30, 2015. This legislation extends such date
until June 30, 2018. No more than 6 such developments annually will be
subject to this expedited land use process and developments subject to
this authority cannot exceed 90 dwelling units. Accordingly, the Mayor
urges the earliest possible favorable consideration of this proposal by
the Legislature.
LEGISLATIVE HISTORY: Extended on June 30, 2012 to expire on June 30,
2015.
FISCAL IMPLICATIONS: None to the State.
LOCAL FISCAL IMPLICATIONS: Unknown.
EFFECTIVE DATE: This Act shall take effect immediately
