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A00890 Summary:

BILL NOA00890
 
SAME ASNo Same As
 
SPONSORGibbs
 
COSPNSRTaylor, Walker, Novakhov, Cunningham
 
MLTSPNSRAubry
 
Add §25-120, NYC Ad Cd; add §402-g, Pub Hous L
 
Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects.
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A00890 Actions:

BILL NOA00890
 
01/11/2023referred to housing
01/03/2024referred to housing
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A00890 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           890
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced  by  M.  of A. GIBBS, TAYLOR -- read once and referred to the
          Committee on Housing
 
        AN ACT to amend the administrative code of the city of New York and  the
          public  housing  law,  in  relation  to establishing the New York city
          housing authority repair certificate program

          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 25-120 to read as follows:
     3    § 25-120 New York city housing authority repair  certificate  program.
     4  a.  The city planning commission shall establish the New York city hous-
     5  ing authority repair certificate program, in cooperation  with  the  New
     6  York  city  housing  authority.  Under  such  program, the city planning
     7  commission shall grant amendments to zoning resolutions  which  increase
     8  the  allowable  development  in areas covered by a New York city housing
     9  authority repair certificate issued pursuant  to  section  four  hundred
    10  two-g of the public housing law.
    11    b.  The  city  planning  commission  shall for each application for an
    12  amendment of a zoning resolution, establish the per foot  value  of  any
    13  New  York  city housing authority repair certificate issued in the areas
    14  covered by such amendment and the maximum allowed foot area  ratio  that
    15  may  be  granted  to  the  holder of such certificate in the newly zoned
    16  area. Such per foot value shall be updated annually based upon increases
    17  in the consumer price index for housing  costs  in  the  New  York  city
    18  metropolitan area.
    19    c.  A  developer who seeks to obtain an increased foot area ratio in a
    20  newly zoned area, by means of being the holder of a New York city  hous-
    21  ing  authority  repair certificate, shall submit an application therefor
    22  to the city planning commission. Such commission shall within seven days
    23  of receiving an application pursuant to this subdivision, forward it  to
    24  the New York city housing authority, along with the per foot value to be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01918-01-3

        A. 890                              2
 
     1  granted if the applicant receives a repair certificate from such author-
     2  ity.
     3    d.  Upon  certification  by the New York city housing authority that a
     4  developer has been awarded  a  repair  certificate,  the  city  planning
     5  commission shall approve such developer's application submitted pursuant
     6  to this section.
     7    e.  The  transfer  of  a  certificate must be registered with the city
     8  planning commission within seven days of the transfer.
     9    § 2. The public housing law is amended by adding a new  section  402-g
    10  to read as follows:
    11    §  402-g. Issuance of repair certificate. 1. The New York city housing
    12  authority, in consultation with the New York city  planning  commission,
    13  shall  establish  procedures  and  guidelines for the awarding of repair
    14  certificates by such  authority  to  developers  which  perform  capital
    15  repairs  to  a  project  operated  by the authority. No such certificate
    16  shall be awarded based upon the performance  of  any  work  which  would
    17  constitute regular maintenance upon any project operated by such author-
    18  ity. The procedures and guidelines established pursuant to this subdivi-
    19  sion  shall  provide maximum allowable costs for various kinds and types
    20  of capital repair projects.
    21    2. There shall be  established,  within  the  New  York  city  housing
    22  authority, an office of repair certification. Such office shall adminis-
    23  ter  the repair certificate program. The office shall establish lists of
    24  repair projects, to authority facilities, which shall  be  eligible  for
    25  the  repair certificate program, the estimated value of each such repair
    26  project, and the priority of each repair project based upon its  urgency
    27  and/or importance.
    28    3.  The  office of repair certification shall receive each application
    29  forwarded to the New York city housing authority pursuant to subdivision
    30  c of section 25-120 of the administrative code of the city of New  York.
    31  Within  ten  days  of receiving an application, the office shall contact
    32  the applicant and provide it with a list  of  eligible  repair  projects
    33  equal  in  value  to the benefit to be provided to such applicant by the
    34  city planning commission. Such list shall, to  the  extent  practicable,
    35  include only those eligible repair projects within the same neighborhood
    36  included  in  the  area  to  which the requested amendment to the zoning
    37  resolution relates, regardless of  the  importance  or  urgency  of  the
    38  repair  project.  Provided, however, if no such eligible repair projects
    39  exist in the neighborhood, then the projects shall be listed in order of
    40  priority.
    41    4. Upon receipt of a list from the office,  an  applicant  must  reply
    42  within  thirty  days.  If  the applicant fails to do so, its application
    43  shall be terminated. Such reply to the office shall include  designation
    44  of the project or projects the applicant desires to complete, the appli-
    45  cant's  estimate  of  the  cost  of completing the repair project, and a
    46  timeline for the completion of the project.
    47    5. The office of repair certification shall, within fourteen  days  of
    48  receiving  an  applicant's  reply,  review  the  costs  and project plan
    49  submitted, and either approve or disapprove such  reply.  If  an  appli-
    50  cant's submission is disapproved, it shall have fifteen days to resubmit
    51  a  new project plan and estimate of costs for review by the office. Upon
    52  a second submission, the office shall again make a determination  within
    53  fourteen days, and, if the plan is disapproved, the office shall provide
    54  the applicant with a written explanation therefor.
    55    6.  For  any  repair  project  plan  that is approved by the office of
    56  repair  certification  where  the  applicant's  estimated  cost  thereof

        A. 890                              3
 
     1  exceeds  the value of the project established by the office, such office
     2  shall provide notice to the city planning  commission  that  the  zoning
     3  valuation of the zoning amendment must be adjusted within seven days.
     4    7.  Upon  completion  of the agreed upon repair project or projects by
     5  the applicant, the office shall award the  applicant  a  certificate  of
     6  completion  and  provide  a copy thereof to the city planning commission
     7  within fourteen days of certifying the completion of the project.
     8    § 3. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law. Effective immediately, the addition,  amend-
    10  ment and/or repeal of any rule or regulation necessary for the implemen-
    11  tation  of  this act on its effective date are authorized to be made and
    12  completed on or before such effective date.
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