Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2553C
SPONSOR: Benedetto TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to the location of supportive housing facilities and renewal of
the lease or operation of such facility
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish a mechanism by which local
community members, neighborhood associations, and community groups
located in New York City and New York City community board members can
learn about certain proposed projects before they are constructed or
established and enable them to offer comments to the New York City Plan-
ning Commission before any new "supportive housing facilities", such as
temporary or permanent homeless shelters, can be established in New York
City's neighborhoods. In addition, in an effort to encourage continuing
dialog between the local community, community board, and program opera-
tor, such notice and public forum procedures shall also apply, upon the
adoption of a resolution of the local community board, to when such
program's lease or operation is renewed or extended beyond the first
period of time in which it was established.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new section 25-111-a to the Administrative Code of the
City of New York that relates to powers of the New York City Planning
Commission. Title 25 of the Administrative Code relates to City Planning
and the powers that the Planning Commission possesses as it relates to
city planning issues.
Under this proposal, before any "supportive housing facility" can be
established in New York City, the operator of such facility must file
notice of such housing facility proposal with the Planning Commission
and the local community board. After, such notice is filed, not less
than 45 days nor more than 90 days after such notice filing, the City
Planning Commission shall hold a public community forum to obtain public
and community board input concerning the anticipated impact of such
proposed supportive housing facility. In addition, such notice and
public forum procedures shall also apply, upon the adoption of a resol-
ution of the community board, to when such program's lease or operation
is renewed or extended beyond the first period of time in which it was
established.
For the purposes of this bill, a supportive housing facility means a
multiple residence or center operated by the State, New York City or a
not-for-profit organization, which provides housing accommodations and
support services in temporary or permanent shelters for the homeless.
At such community forum, the Commission shall afford community members,
neighborhood associations, and representatives of the community board,
local businesses and residents a reasonable opportunity to speak about
such proposal and how such proposal may affect such local community. In
addition, the community can present information that the location of
such a facility or center in the local community will lead to an over
concentration of such establishments in this particular community. Such
notice must provide a detailed description of the scope, nature, size
and kinds of treatment programs to be provided, and the specific address
of such facility, and the number of anticipated residents or clients
that plan to utilize such facility. In addition, such notice shall
include information on the entities that plan to finance its establish-
ment or operation, the amount of money used to establish and operate
such facility based on the absolute amount of money utilized and as a
percentage of its total budget.
The Planning Commission, in conducting such public community forum,
shall consult with and obtain the consent of the local community board
as to where and when such forum is to be held to maximize the conven-
ience to the local community to provide comments. Further, notice of
such community forum shall be at least 20 days before the hearing date.
After such community forum is conducted, the City Planning Commission,
in not less than 60 days nor more than 90 days, after due consideration
of the comments provided at such forum, shall either approve, modify or
deny authorization for the location and establishment of such facility
or may suggest an alternative location for such facility. The Commission
shall give particular attention to if the establishment of such facility
will create an over concentration of such facilities in this local
community. Should such application be denied, the sponsors of such
application shall be precluded from reapplying for approval of the
location, establishment or operation of such facility or similar type
facility or center for a period of two years from the date of such
denial.
JUSTIFICATION:
With the proliferation of new "supportive housing facilities", such as
temporary and permanent homeless shelters, it is important that members
of the local community and representatives of the local community board
receive notice of such proposals and have the opportunity to participate
in a meaningful public forum in which they can express their support,
opposition or concerns & suggested changes in the operation of such
facilities before they are built. These notice provisions should apply
not only to proposed newly established facilities, but for those same
facilities that are being reauthorized for operation or in which the
financing of such programs is to be extended. Such public forums for a
renewal of a lease of a facility shall only occur if the applicable
community board adopts a resolution requesting such a community forum.
In addition, the siting of such facilities tends to occur in a few
select local communities which is leading to an over concentration of
such facilities in only a few areas of the city, particularly in the
Bronx and Queens County. This bill, while understanding the need to
establish such facilities, would like to encourage a more equitable
distribution of such facilities throughout New York City. This is so
that the adverse impacts associated with such facilities will not be
borne by only a few communities that do not have the social services
support network to accommodate such populations and which would pose
adverse impacts for those permanent residents who have lived in the area
for a long time.
The Planning Commission, pursuant to NYC Administrative Code sections
25-110 and 25-111 already has the authorization to regulate the height
and bulk of buildings. Section 25-111 authorizes the Planning Commission
to regulate and restrict the location of trades and industries of build-
ings designed for specific uses. This bill merely specifies that such
trades and industries must include supportive housing facilities and
that the locally impacted community be accorded due process so that they
can comment on such facilities before they are established or their
lease or plans of operation are extended under certain circumstances.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
This bill does require the conduct of meaningful public forums and this
will have minimal fiscal impacts on the operation of the NYC Planning
Commission.
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
2553--C
2015-2016 Regular Sessions
IN ASSEMBLY
January 16, 2015
___________
Introduced by M. of A. BENEDETTO, CRESPO, SEPULVEDA, BRAUNSTEIN, MOYA,
SIMOTAS, DenDEKKER, DINOWITZ, GJONAJ, MILLER, MOSLEY, SIMANOWITZ,
PICHARDO, GOLDFEDER, MARKEY, BLAKE -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Cities in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
AN ACT to amend the administrative code of the city of New York, in
relation to the location of supportive housing facilities and renewal
of the lease or operation of such facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 25-111-a to read as follows:
3 § 25-111-a City planning commission to regulate the location and
4 continued operation of supportive housing facilities. a. The city plan-
5 ning commission shall regulate and may restrict the location of support-
6 ive housing facilities and set the conditions for the renewal of leases
7 or plans of operation for such facilities. Additionally, upon passage
8 and filing with such commission of a resolution by the community board
9 in which a facility is located, the city planning commission may set the
10 conditions for the renewal of a lease or plan of operation of such
11 facility.
12 b. For the purposes of this section, "supportive housing facility"
13 means a multiple residence or center operated by the state, the city, or
14 a not-for-profit organization, which provides housing accommodations and
15 support services in temporary or permanent shelters for the homeless.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04367-07-6
A. 2553--C 2
1 c. The city planning commission shall not authorize the establishment
2 or location, or, upon passage and filing with such commission of a
3 resolution by the community board of the locality in which a facility is
4 located, the renewal of the lease or a contract to finance the opera-
5 tion, of a supportive housing facility until the provisions of this
6 section have been complied with.
7 d. No supportive housing facility shall be established or located in
8 the city, nor, pursuant to subdivision h of this section, shall the
9 lease for or a contract to finance the operation of such a facility be
10 renewed, until the operator thereof shall have filed notice of such
11 proposed or existing supportive housing facility with the city planning
12 commission and the community board of the locality in which such facili-
13 ty is proposed to be located or is located. Such notice shall contain a
14 description of the scope, nature, size and kinds of treatment programs
15 to be provided, the specific address of the facility, the number of
16 anticipated residents or clients, the entities that finance its estab-
17 lishment or operations, and the amount of financing issued to establish
18 and operate such facility stated as both a specific dollar amount and as
19 a percentage of the total amount of all moneys used to establish and
20 operate such facility.
21 e. Not less than forty-five days nor more than ninety days after an
22 operator's notice pursuant to subdivision d of this section, the city
23 planning commission shall hold a public community forum for the purpose
24 of obtaining public and community board input concerning the anticipated
25 impact of the proposed supportive housing facility or the continued
26 operation of such facility upon renewal of the lease or contract to
27 finance its operation, upon the community and if there is an over
28 concentration of such facilities in the affected community. Such impact
29 may include and relate to any potential adverse effect upon the communi-
30 ty caused by such facility before, during or after its establishment or
31 renewal, and the over concentration of such facilities within such local
32 community. The city planning commission shall afford community members,
33 representatives of the local community board, local businesses and resi-
34 dents a reasonable opportunity to speak about relevant matters at such
35 community forum and measures that may help to mitigate against any
36 anticipated or past adverse impacts upon such community. Every such
37 forum shall be held upon not less than twenty days notice to the
38 affected community and the local community board.
39 f. The city planning commission shall, prior to establishing the date,
40 time and location of the public community forum, consult with and obtain
41 the advice and consent of the appropriate community board as to estab-
42 lishing a convenient date, time and location to conduct the forum for
43 the locally impacted community. Such forum location shall be within
44 reasonable proximity of the proposed supportive housing facility and in
45 suitable facilities that provide adequate room and access to hear public
46 comments presented.
47 g. Not less than sixty days, nor more than ninety days, after holding
48 a community forum the city planning commission shall, after due consid-
49 eration of the comments at such forum, either approve, modify or deny
50 authorization or reauthorization for the location, establishment or
51 continued operation of the supportive housing facility or suggest an
52 alternative location for such facility. If such application is approved
53 or modified upon approval, the community board shall obtain such deci-
54 sion and the length of time such facility is authorized to remain in
55 operation. Should such application be denied, the sponsor of such appli-
56 cation shall be precluded from reapplying for approval of the location,
A. 2553--C 3
1 establishment or operation of such facility or any similar type facili-
2 ty, for a period of two years from the date of such denial.
3 h. The provisions of subdivisions d, e, f and g of this section shall
4 only apply to applications for the continued operation of a supportive
5 housing facility pursuant to this section if the community board of the
6 locality in which a facility is located passes and files with such
7 commission a resolution requesting a hearing on such renewal at least
8 one hundred eighty days prior to the expiration of the existing lease or
9 contract. Upon passage and filing of such a resolution, no such facility
10 shall continue to operate until such provisions of this section shall be
11 complied with.
12 § 2. This act shall take effect on the sixtieth day after it shall
13 have become a law.
