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A01967 Summary:

BILL NOA01967
 
SAME ASNo Same As
 
SPONSORBarnwell
 
COSPNSRAubry, De La Rosa, Epstein, Reyes, Vanel, Quart, Fernandez, Rivera J, Kim, Taylor, Rodriguez, Rosenthal D, Cruz, Frontus, Pichardo, Joyner, Davila, Sayegh, Hyndman, Dilan, Goodell, Cook, Byrnes, Niou, Colton, Weprin, Barron, Bichotte Hermelyn, Richardson, Gonzalez-Rojas
 
MLTSPNSR
 
Amd 421-a, RPT L
 
Relates to requiring affordable housing projects to calculate and only use the area median income for the specific zip code that the project is located in for determining affordability.
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A01967 Actions:

BILL NOA01967
 
01/13/2021referred to housing
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A01967 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1967
 
SPONSOR: Barnwell
  TITLE OF BILL: An act to amend the real property tax law, in relation to requiring affordable housing projects to calculate and only use the area median income for the specific zip code that the project is located in for determining affordability   PURPOSE: To create actual affordable housing by requiring the use of the partic- ular zip code's AMI in determining affordability levels.   SUMMARY OF PROVISIONS: When calculating affordable housing, any city having a population of one million or more shall use the area median income of the zip code in which the program is located When determining AMI for affordability purposes, for any affordable housing project located in the 5 Counties of New York City, whenever an affordable housing project is being located in a zip code where that zip code's AMI would be higher than the New York City Region AMI, as deter- mined by HUD, the AMI to be used for affordability purposes, will be the AMI that HUD has determined to be the New York City Region's AMI.   JUSTIFICATION: In determining affordability for affordable housing purposes, New York uses a number known as the area median income (AMI) which is determined on an annual basis by the U.S. Department of Housing and Urban Develop- ment. New York, like any other state, has diverse counties where the area median income differs greatly. The current formula used for afford- ability often results in increasing the overall AMI for neighborhoods by grouping more affluent neighborhoods with lesser affluent neighborhoods in the same calculation. Because of this grouping, currently, when hous- ing is being built in lesser affluent neighborhoods, the AMI of that neighborhood is calculated to be higher than it actually is. Because of this calculation, when projects are built, countless numbers of individ- uals are no longer able to afford housing in their own community. This forces lifelong residents to move away. By no longer using a "regional" AMI formula that increases the AMI for lesser affluent neighborhoods, an AMI calculation based solely on the zip code where the project is being located is a step in the right direction to actually have affordable housing in the neighborhood where the project is located. A great exam- ple of how AMI is currently used to increase what is deemed affordable in a particular area is seen in New York City. AMI for the five boroughs is calculated together with the AMI's of, Westchester, Putnam, & Rock- land counties. The residents in the five boroughs all have different income levels. There is also a great discrepancy in the income levels between Westchester, Putnam, & Rockland counties, with the five boroughs. Therefore, it is unfair in determining. what is affordable in a particular area in New York City by (1) grouping all the boroughs together; and (2) by grouping other non-New York City counties in the affordability calculation. Determining AMI for affordability projects under a zip code specific approach will more accurately reflect the affordability in that particular zip code where the project is being located, rather than the current formula of using the Metropolitan region AMI. Under this proposal, affordable housing being built in a specific area will actually reflect the median income of the people who already live there.   LEGISLATIVE HISTORY: 2017-2018: A5505A 2019-2020 A3109   FISCAL IMPACT: None   EFFECTIVE DATE: This act shall take effect immediately
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A01967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1967
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BARNWELL, AUBRY, DE LA ROSA, EPSTEIN, REYES,
          VANEL, QUART, FERNANDEZ, J. RIVERA, KIM, TAYLOR, RODRIGUEZ,  D. ROSEN-
          THAL, CRUZ, FRONTUS, PICHARDO, JOYNER, DAVILA, SAYEGH, HYNDMAN, DILAN,
          GOODELL,  COOK,  BYRNES, NIOU, COLTON, WEPRIN, BARRON, BICHOTTE HERME-
          LYN, RICHARDSON -- read once and referred to the Committee on Housing

        AN ACT to amend the real property tax  law,  in  relation  to  requiring
          affordable  housing projects to calculate and only use the area median
          income for the specific zip code that the project is  located  in  for
          determining affordability
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 421-a of the real property tax law
     2  is amended by adding a new paragraph e to read as follows:
     3    e. "Area Median Income (AMI)." Whenever calculating the  affordability
     4  of  a  project, AMI shall be based solely on the specific zip code where
     5  the project shall be located.
     6    § 2. All affordable housing projects, including, but not  limited  to,
     7  421-a  projects,  shall  only  use  the area median income (AMI) for the
     8  specific zip code that the project is located in for determining afford-
     9  ability.  However, for any affordable housing project in the five  coun-
    10  ties  that  make up New York City, including, but not limited to a 421-a
    11  project, that is being located in a zip code  where  the  AMI  for  that
    12  specific  zip  code  is  higher  than  the  New York City Region AMI, as
    13  defined by HUD, the AMI for the affordability  project,  including,  but
    14  not  limited to a 421-a project, will be the AMI that HUD has determined
    15  to be the New York City Region AMI.
    16    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03189-01-1
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