Requires municipalities that institute certain zoning changes to require that a certain portion of newly constructed homes be available to low income family; establishes the conditions that must be met in areas of new home construction.
STATE OF NEW YORK
________________________________________________________________________
5748
2009-2010 Regular Sessions
IN ASSEMBLY
February 19, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Local Governments
AN ACT requiring municipalities that institute certain zoning changes to
adhere to certain rules of construction for new homes, specifically
including homes available to families with limited incomes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature finds and declares as follows:
2 1. The availability of housing is of vital statewide importance, and
3 decent housing and a suitable living environment for every New Yorker is
4 a priority of the highest order.
5 2. The goal requires that cooperative participation of government and
6 the private sector in an effort to expand housing on all levels of
7 opportunities and accommodate the housing needs of New Yorkers of all
8 economic levels.
9 3. Local and state governments have a responsibility to use their
10 powers to facilitate the improvement and development of housing to make
11 adequate provisions for the housing needs of all economic segments of
12 the community.
13 4. The legislature recognizes that in carrying out this responsibil-
14 ity, each local government also has the responsibility to consider
15 economic, environmental, and fiscal factors and community goals and to
16 cooperate with other local governments and the state in addressing
17 regional housing needs.
18 § 2. 1. Definitions. When used in this act, unless a different meaning
19 clearly appears from the context, the following terms shall mean and
20 include:
21 (a) "Covered zoning change." A change enacted by a municipality to its
22 zoning laws, ordinances or plan that would allow for the construction of
23 400 or more residential housing units in excess of the number of housing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08871-01-9
A. 5748 2
1 units permitted by the existing zoning law, ordinance or plan in the
2 area covered by such change.
3 (b) "Covered project." Any new building or group of contiguous build-
4 ings which are part of one development which contains more than 10 hous-
5 ing units and is located on a site where (i) housing development was not
6 permitted as of right prior to a covered zoning change or (ii) the
7 covered zoning change increased the number of housing units permitted on
8 the site by 50 percent or more (regardless of the number of units
9 constructed).
10 2. Every covered project shall provide on-site housing units for
11 persons and families of low income that meet one of the following condi-
12 tions:
13 (a) With respect to a covered project containing rental units:
14 (i) at least 30 percent of all units shall be affordable to households
15 with an income that does not exceed 50 percent of the area median
16 income; or
17 (ii) at least 40 percent of all units shall be affordable to house-
18 holds with an income that does not exceed 80 percent of the median
19 income; or
20 (iii) at least 50 percent of all units shall be affordable to house-
21 holds with an income that does not exceed 100 percent of the area medi-
22 an; or
23 (iv) at least 60 percent of all units shall be affordable to house-
24 holds with an income that does not exceed 120 percent of the area median
25 income.
26 (b) With respect to a covered project consisting of units offered for
27 sale, including but not limited to, condominium and cooperative units:
28 (i) at least 20 percent of all units shall be affordable to households
29 with an income that does not exceed 80 percent of the area median
30 income; or
31 (ii) at least 40 percent of all units shall be affordable to house-
32 holds with an income that does not exceed 120 percent of the area median
33 income.
34 For the purpose of this subdivision, a unit shall be deemed affordable
35 to a household within a specified income category when, with respect to
36 rental housing, the rent does not exceed 30 percent of the household
37 income net of utility allowances and, with respect to units offered for
38 sale, the purchase price does not exceed the maximum purchase price
39 limits established by the state of New York mortgage agency first time
40 homebuyers mortgage program and the mortgage costs do not exceed 35
41 percent of household income, net of insurance, property taxes, homeowner
42 association dues, and utilities.
43 Affordable units must have comparable number of bedrooms as market
44 rate units and a unit mix proportional to the market rate units and
45 shall be scattered throughout each covered building or project.
46 3. Every covered zoning change shall provide for the following with
47 respect to covered projects.
48 (a) Zoning bonuses or other incentives shall be granted to covered
49 projects to the extent necessary to reasonably ensure that the require-
50 ments of subdivision one of this section will not unduly inhibit the
51 economically viable development of the area subject to the covered
52 zoning change.
53 (b) Residents of the local community shall have priority for the
54 purchase or rental of 50 percent of the affordable units.
55 (c) Mechanisms, such as occupancy requirements, regulatory agreements,
56 resale restrictions, and other deed restrictions recorded against the
A. 5748 3
1 land, shall be mandated and legally enforceable remedies to enforce such
2 mechanisms shall also be established to ensure that affordable units
3 created under covered zoning changes will continue to be available for
4 the life of the units.
5 4. Any municipality which enacts a covered zoning change shall amend
6 any law, ordinance, or regulation or remove any provisions which prohib-
7 its a covered project from qualifying for tax credits, subsidies or
8 other government benefits solely because it is subject to the provisions
9 of this act.
10 5. The local municipality shall ensure that permit processing for any
11 covered project shall be completed expeditiously. The municipality shall
12 also take reasonable efforts to prevent any delay in the construction of
13 a covered project.
14 § 3. The requirements of this act constitute minimum standards and
15 shall not restrict a municipality from enacting provisions that exceed
16 these standards.
17 § 4. The executive and legislative body of any municipality covered by
18 this act shall enact any provisions necessary to implement the
19 provisions of this act.
20 § 5. Any changes to zoning law, ordinance, or plan that would be
21 covered by this act after its effective date shall be amended to comply
22 with the provisions of this law if such change covers a contiguous area
23 in excess of 10 acres and has not gone into effect prior to the date
24 this act shall have become a law.
25 § 6. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law. Effective immediately any action required
27 for the timely implementation of this act on its effective date is
28 authorized to be made on or before such effective date.
