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A07770 Summary:

BILL NOA07770
 
SAME ASSAME AS UNI. S06390
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Add 699-d, Gen Muni L
 
Provides that the provisions of article 16-A of the general municipal law shall be construed as the minimum requirements for local governments regarding the provision of affordable workforce housing.
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A07770 Actions:

BILL NOA07770
 
05/15/2017referred to local governments
06/19/2017reported referred to rules
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A07770 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7770
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the general municipal law, in relation to the Long Island workforce housing program   PURPOSE: Relates to the Long Island Workforce Housing Act   SUMMARY OF PROVISIONS: Amends the General Municipal Law by adding a new Section 699-d relating to the Long Island Workforce Housing Act.   JUSTIFICATION: This legislation is introduced at the request of the Town of Southampton to close a significant loophole in the Long Island Workforce Housing Act (LIWHA). LIWHA was signed into law in 2008 and requires developers of five or more residential units to provide affordable workforce housing or offer a payment to the municipality to be used in furtherance of affordable housing opportunities. However, an exemption in the law allows many developers to avoid these requirements completely. Under the current law, any developer who chooses to build less than the maximum permitted density is exempt from all affordable housing require- ments. By way of illustration, if a developer is permitted under zoning to build thirty units and builds those thirty units, they are required to provide three affordable housing units or the financial equivalent thereof. However, if the developer opts to build twenty-nine units he falls under the exemption and does not have to accommodate any afforda- ble housing units. For example, according to records maintained by the Town of Southampton's Department of Land Management, since 2008, close to ninety percent of Southampton subdivisions subject to LIWHA used the loophole to avoid the affordable housing requirement.In all, the loophole cost the Town of Southampton thirteen affordable units eleven of which would have been placed east of the Shinnecock Canal or over $2.5 million in funding for affordable housing opportunities. The lack of affordable housing is a significant issue facing the east end of Long Island. This legislation provides that the current provisions of the LIWHA shall be construed as the minimum requirement for local governments and that nothing shall be construed as limiting the authority of a local government to enact a local law to supersede the provisions of LIWHA, provided that such local laws exceed the requirements with regard to the provision of affordable workforce hous- ing. Closing this current loophole will go a long way in expanding the inventory of affordable housing without adding additional burden to the taxpayers.   LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A07770 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6390                                                  A. 7770
 
                               2017-2018 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Local Govern-
          ment
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Local Governments

        AN ACT to amend the general municipal  law,  in  relation  to  the  Long
          Island workforce housing program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 699-d to read as follows:
     3    §  699-d. Construal. The provisions of this article shall be construed
     4  as  the  minimum  requirements  for  local  governments  regarding   the
     5  provision  of  affordable  workforce  housing.  Nothing  herein shall be
     6  construed as limiting the authority of a local government to enact local
     7  laws which supersede the provisions of this article, provided that  such
     8  local  laws  exceed  the requirements of this article with regard to the
     9  provision of affordable workforce housing.
    10    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11331-01-7
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