NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6079
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to review and approval of all new facilities
PURPOSE:
Requires the New York City Planning Commission to approve and regulate
the types of social services facilities throughout the city.
SUMMARY OF PROVISIONS:
Section 1 amends the Administrative Code of the City of New York by
adding a new section 25111a stating the City Planning Commission shall
regulate and restrict requests by an agency to provide services at.a new
location as a social services facility, to expand the size of an exist-
ing social services facility or to change the type of services provided
at an existing social services facility, including such facilities where
the leaseholder is not the tenant. This section includes definitions for
social services facilities. The City Planning Commissioner shall consid-
er the anticipated impact of the proposed social services facility or
the operation of the facility upon lease renewal and shall give reason-
able consideration, among other things, to the character of the neigh-
borhood, its peculiar suitability for particular issues, the conserva-
tion of property values, and the location of social services facilities
in accord with a well-considered plan.
Section 2 provides that this act shall take effect on the 90th day after
it has been signed into law.
JUSTIFICATION:
Property owners in the vicinity of proposed or existing supportive hous-
ing sites are often unaware of the sponsoring agency's intent to estab-
lish or transform a facility. There are certain areas of the city that
are oversaturated with facilities while other areas have none,• creating
a huge rift among these agencies and the communities they serve. Often
times, agency officials do not take into account public sentiment from
hearings. There are also known cases where agencies will repurposebuild-
ings and change the definitions of supportive housing to meet those
needs. Giving power to the City Planning Commission to review and
approve each siting will alleviate public Concerns and take into account
suitability uses, conservation of property values and make sure the
location for a siting falls within a well-considered plan. It has been
demonstrated that agencies often times have a complete lack of regard
for the residents living in these communities and delegating that task
to a neutral third party who can objectively review. The facts of the
case seems to be the only viable option to ensure that resident concerns
are adequately taken into account.
LEGISLATIVE HISTORY:
2022: S5852
2015-16: S.7888 I Referred to Cities.
2017-18: S.1900 I Referred to Cities.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after. it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6079
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to review and approval of all new facilities
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 types of social
4 services facilities. a. The city planning commission shall regulate and
5 restrict requests by an agency to provide services at a new location as
6 a social services facility, to expand the size of an existing social
7 services facility or to change the type of services provided at an
8 existing social services facility, including such facilities where the
9 leaseholder is not the tenant.
10 b. For the purposes of this section, "social services facility" shall
11 include the following:
12 1. ACS placement facilities. "ACS placement facilities" means facili-
13 ties, certified by the New York state office of children and family
14 services, for the care of youth placed in accordance with the provisions
15 of the family court act and the regulations of the New York state office
16 of children and family services, managed directly by the administration
17 for children's services or under contract or similar agreement with the
18 administration for children's services.
19 2. City-administered facilities. "City-administered facilities" means
20 hotels, shelters and other accommodations or associated services,
21 managed by or provided under contract or similar agreement with any city
22 agency, provided to individuals or families who need temporary emergency
23 housing or assistance finding or maintaining stable housing.
24 3. DHS-administered facilities. "DHS-administered facilities" means
25 city-administered facilities managed directly by the department of home-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04685-01-3
A. 6079 2
1 less services or by a provider under contract or similar agreement with
2 the department of homeless services.
3 4. DYCD-administered facilities. "DYCD-administered facilities" means
4 city-administered facilities managed directly by the department of youth
5 and community development or by a provider under contract or similar
6 agreement with the department of youth and community development.
7 5. HPD-administered facilities. "HPD-administered facilities" means
8 city-administered facilities managed directly by the department of hous-
9 ing preservation and development or by a provider under contract or
10 similar agreement with the department of housing preservation and devel-
11 opment.
12 6. HRA-administered facilities. "HRA-administered facilities" means
13 city-administered facilities managed directly by the human resources
14 administration or by a provider under contract or similar agreement with
15 the human resources administration, excluding shelters for victims of
16 domestic violence managed directly by the human resources administration
17 or by a provider under contract or similar agreement with the human
18 resources administration.
19 7. Supportive housing facilities. "Supportive housing facilities"
20 means affordable, independent, and permanent housing with support
21 services for tenants, including but not limited to people who have been
22 homeless, have histories of substance abuse, are coping with mental
23 illness, have chronic illnesses such as HIV/AIDS, are young adults aging
24 out of foster care, are homeless veterans, or grandparents raising
25 grandchildren, and is under contract with a city agency including but
26 not limited to the department of health and mental hygiene and the human
27 resources administration.
28 c. The commission shall consider the anticipated impact of the
29 proposed social services facility or the operation of such facility upon
30 renewal of the lease.
31 d. The commission shall give reasonable consideration, among other
32 things, to the character of the neighborhood, its peculiar suitability
33 for particular uses, the conservation of property values, and the
34 location of social services facilities in accord with a well-considered
35 plan.
36 § 2. This act shall take effect on the ninetieth day after it shall
37 have become a law.
