Amd §§28-a, 81-d & 81-f, Gen City L; amd §§261-b, 261-c & 272-a, Town L; amd §§7-703, 7-703-a & 7-722, Vil L;
add §421-p, RPT L
 
Authorizes cities, towns and villages to establish mixed-use age-integrated communities by permitting the development of sites to combine residential units, commercial space and/or services for a multi-age population; 30% of such residential units shall be for persons 60 years of age or older, and at least 10% thereof shall be affordable by persons at 60% or less of the area median income; authorizes, cities, town and villages to grant incentives for the construction of such communities; grants a real property tax exemption for such housing.
STATE OF NEW YORK
________________________________________________________________________
5811
2019-2020 Regular Sessions
IN ASSEMBLY
February 19, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, RIVERA, ABBATE, COLTON -- read once
and referred to the Committee on Local Governments
AN ACT to amend the general city law, the town law, the village law and
the real property tax law, in relation to age integrated communities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative finding. The legislature finds that in many
2 areas of the state there is inadequate availability of affordable senior
3 citizen housing and/or housing integrated in communities with services
4 for seniors including transportation, shopping, community facilities and
5 residential neighborhoods. The housing inadequacy will get worse because
6 the number of New York citizens over 65 years of age will increase 40
7 per centum over the 30 years between 1995 and 2025. As a result, the
8 legislature finds that a senior citizen housing crisis exists.
9 Therefore, the legislature hereby finds and declares that it is neces-
10 sary for cities, towns and villages to foster housing opportunities for
11 seniors through zoning and planning actions. This may include, but not
12 be limited to, allowing mixed-use development with senior dwelling units
13 compatibly integrated and facilitating new mixed-use development includ-
14 ing planned unit developments within use and area requirements.
15 § 2. Subdivision 3 of section 28-a of the general city law is amended
16 by adding a new paragraph (d) to read as follows:
17 (d) "mixed-use age-integrated housing" shall mean the development or
18 redevelopment of single sites to combine residential units, commercial
19 space and/or services for a multi-age population. Provided, however, at
20 least thirty per centum of the total number of residential units shall
21 be for individuals who are sixty years of age or over and at least ten
22 per centum of the total number of residential units shall be affordable
23 to individuals at sixty per centum or less of the area median income.
24 § 3. Paragraph (h) of subdivision 4 of section 28-a of the general
25 city law, as amended by chapter 418 of the laws of 1995, is amended to
26 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09850-01-9
A. 5811 2
1 (h) Existing housing resources and future housing needs, including,
2 but not limited to, affordable housing and housing for senior citizens
3 consistent with the goal of mixed-use age-integrated housing.
4 § 4. Section 28-a of the general city law is amended by adding a new
5 subdivision 14 to read as follows:
6 14. Mixed-use age-integrated housing incentive fund. In cases where
7 the city is approving a subdivision plat or site plan for five or more
8 residential units or a mixed-use development that incorporates five or
9 more residential units, the city may establish a program to provide
10 developers with incentives to develop mixed-use age-integrated housing.
11 Such program may include the following incentives, in addition to any
12 other incentives already provided in law. In exchange for a density
13 increase of at least ten per centum over the otherwise allowable density
14 ratio under the applicable zoning ordinance and comprehensive plan as of
15 the date of application by the developer, the city may require the
16 developer to provide the following:
17 (a) The set aside of at least ten per centum of the residential units
18 requested in the subdivision plat or site plan for mixed-use age-inte-
19 grated housing, or
20 (b) Upon a finding by the city that the set aside of mixed-use age-
21 integrated housing units would have a specific adverse impact upon
22 health, safety or the environment for which there is no feasible method
23 to satisfactorily mitigate or avoid the specific adverse impact, the
24 city may require the developer to pay a reasonable fee that shall
25 constitute a trust fund to be used exclusively by the city for providing
26 mixed-use age-integrated services such as, but not limited to, senior
27 transportation, home health care, home delivered meals, or respite care.
28 All fees collected by the city as provided in this section shall be kept
29 in trust separate and apart from all other moneys. Moneys in such trust
30 fund shall be deposited and secured in the manner provided by section
31 ten of the general municipal law. Pending expenditures from such trust
32 fund, moneys therein may be invested in the manner provided in section
33 eleven of the general municipal law. Any interest or capital gain real-
34 ized on the moneys so deposited or invested shall accrue to and become
35 part of such trust fund.
36 Prior to offering the incentives indicated in this subdivision, the
37 city shall adopt a local law specifying how they will implement this
38 incentive program, including provisions for how the density increase and
39 other incentives will be implemented.
40 § 5. Paragraph (b) of subdivision 1 of section 81-d of the general
41 city law, as added by chapter 247 of the laws of 1992, such section as
42 renumbered by chapter 208 of the laws of 1993, is amended and a new
43 paragraph (d) is added to read as follows:
44 (b) "Community benefits or amenities" shall mean open space, housing
45 for persons of low or moderate income, housing for persons age sixty or
46 older, parks, elder care, day care including adult day care, or other
47 specific physical, social, or cultural amenities, or cash in lieu there-
48 of, of benefit to the residents of the community authorized by the
49 legislative body of a city.
50 (d) "Mixed-use age-integrated housing" shall mean the development or
51 redevelopment of single sites to combine residential units, commercial
52 space and/or services for a multi-age population. Provided, however, at
53 least thirty per centum of the total number of residential units shall
54 be for individuals who are sixty years of age or over and at least ten
55 per centum of the total number of residential units shall be affordable
56 to individuals at sixty per centum or less of the area median income.
A. 5811 3
1 § 6. Section 81-f of the general city law, as added by chapter 213 of
2 the laws of 2003, is amended to read as follows:
3 § 81-f. Planned unit development zoning districts. A city legislative
4 body, except in a city having a population of more than one million
5 persons, is hereby authorized to enact, as part of its zoning local law
6 or ordinance, procedures and requirements for the establishment and
7 mapping of planned unit development zoning districts. Planned unit
8 development district regulations are intended to provide for residen-
9 tial, commercial, industrial or other land uses, mixed-use age-integrat-
10 ed housing as defined in section eighty-one-d of this article or a mix
11 thereof, in which economies of scale, creative architectural or planning
12 concepts and open space preservation may be achieved by a developer in
13 furtherance of the city comprehensive plan and zoning local law or ordi-
14 nance.
15 § 7. Paragraph (b) of subdivision 1 of section 261-b of the town law,
16 as added by chapter 629 of the laws of 1991, is amended and a new para-
17 graph (d) is added to read as follows:
18 (b) "Community benefits or amenities" shall mean open space, housing
19 for persons of low or moderate income, housing for persons age sixty or
20 older, parks, elder care, day care including adult day care or other
21 specific physical, social or cultural amenities, or cash in lieu there-
22 of, of benefit to the residents of the community authorized by the town
23 board.
24 (d) "Mixed-use age-integrated housing" shall mean the development or
25 redevelopment of single sites to combine residential units, commercial
26 space and/or services for a multi-age population. Provided, however, at
27 least thirty per centum of the total number of residential units shall
28 be for individuals who are sixty years of age or over and at least ten
29 per centum of the total number of residential units shall be affordable
30 to individuals at sixty per centum or less of the area median income.
31 § 8. Section 261-c of the town law, as added by chapter 213 of the
32 laws of 2003, is amended to read as follows:
33 § 261-c. Planned unit development zoning districts. A town legislative
34 body is hereby authorized to enact, as part of its zoning local law or
35 ordinance, procedures and requirements for the establishment and mapping
36 of planned unit development zoning districts. Planned unit development
37 district regulations are intended to provide for residential, commer-
38 cial, industrial or other land uses, mixed-use age-integrated housing as
39 defined in section two hundred sixty-one-b of this article or a mix
40 thereof, in which economies of scale, creative architectural or planning
41 concepts and open space preservation may be achieved by a developer in
42 furtherance of the town comprehensive plan and zoning local law or ordi-
43 nance.
44 § 9. Subdivision 2 of section 272-a of the town law is amended by
45 adding a new paragraph (d) to read as follows:
46 (d) "mixed-use age-integrated housing" shall mean the development or
47 redevelopment of single sites to combine residential units, commercial
48 space and/or services for a multi-age population. Provided, however, at
49 least thirty per centum of the total number of residential units shall
50 be for individuals who are sixty years of age or over and at least ten
51 per centum of the total number of residential units shall be affordable
52 to individuals at sixty per centum or less of the area median income.
53 § 10. Paragraph (h) of subdivision 3 of section 272-a of the town law,
54 as amended by chapter 418 of the laws of 1995, is amended to read as
55 follows:
A. 5811 4
1 (h) Existing housing resources and future housing needs, including,
2 but not limited to, affordable housing and housing for senior citizens
3 consistent with the goal of mixed-use age-integrated housing.
4 § 11. Section 272-a of the town law is amended by adding a new subdi-
5 vision 13 to read as follows:
6 13. Mixed-use age-integrated housing incentive fund. In cases where
7 the town is approving a subdivision plat or site plan for five or more
8 residential units or a mixed-use development that incorporates five or
9 more residential units, the town may establish a program to provide
10 developers with incentives to develop mixed-use age-integrated housing.
11 Such program may include the following incentives, in addition to any
12 other incentives already provided in law. In exchange for a density
13 increase of at least ten per centum over the otherwise allowable density
14 ratio under the applicable zoning ordinance and comprehensive plan as of
15 the date of application by the developer, the town may require the
16 developer to provide the following:
17 (a) The set aside of at least ten per centum of the residential units
18 requested in the subdivision plat or site plan for mixed-use age-inte-
19 grated housing, or
20 (b) Upon a finding by the town that the set aside of mixed-use age-
21 integrated housing units would have a specific adverse impact upon
22 health, safety or the environment for which there is no feasible method
23 to satisfactorily mitigate or avoid the specific adverse impact, the
24 town may require the developer to pay a reasonable fee that shall
25 constitute a trust fund to be used exclusively by the town for providing
26 mixed-use age-integrated services such as, but not limited to, senior
27 transportation, home health care, home delivered meals, or respite care.
28 All fees collected by the town as provided in this section shall be kept
29 in trust separate and apart from all other moneys. Moneys in such trust
30 fund shall be deposited and secured in the manner provided by section
31 ten of the general municipal law. Pending expenditures from such trust
32 fund, moneys therein may be invested in the manner provided in section
33 eleven of the general municipal law. Any interest or capital gain real-
34 ized on the moneys so deposited or invested shall accrue to and become
35 part of such trust fund.
36 Prior to offering the incentives indicated in this subdivision, the
37 town shall adopt a local law specifying how they will implement this
38 incentive program, including provisions for how the density increase and
39 other incentives will be implemented.
40 § 12. Paragraph b of subdivision 1 of section 7-703 of the village
41 law, as added by chapter 629 of the laws of 1991, is amended and a new
42 paragraph d is added to read as follows:
43 b. "Community benefits or amenities" shall mean open space, housing
44 for persons of low or moderate income, housing for persons age sixty or
45 older, parks, elder care, day care including adult day care or other
46 specific physical, social or cultural amenities, or cash in lieu there-
47 of, of benefit to the residents of the community authorized by the
48 village board of trustees.
49 d. "Mixed-use age-integrated housing" shall mean the development or
50 redevelopment of single sites to combine residential units, commercial
51 space and/or services for a multi-age population. Provided, however, at
52 least thirty per centum of the total number of residential units shall
53 be for individuals who are sixty years of age or over and at least ten
54 per centum of the total number of residential units shall be affordable
55 to individuals at sixty per centum or less of the area median income.
A. 5811 5
1 § 13. Section 7-703-a of the village law, as added by chapter 213 of
2 the laws of 2003, is amended to read as follows:
3 § 7-703-a Planned unit development zoning districts. A village legis-
4 lative body is hereby authorized to enact, as part of its zoning local
5 law, procedures and requirements for the establishment and mapping of
6 planned unit development zoning districts. Planned unit development
7 district regulations are intended to provide for residential, commer-
8 cial, industrial or other land uses, mixed-use age-integrated housing as
9 defined in section 7-703 of this article or a mix thereof, in which
10 economies of scale, creative architectural or planning concepts and open
11 space preservation may be achieved by a developer in furtherance of the
12 village comprehensive plan and zoning local law.
13 § 14. Subdivision 2 of section 7-722 of the village law is amended by
14 adding a new paragraph (d) to read as follows:
15 (d) "mixed-use age-integrated housing" shall mean the development or
16 redevelopment of single sites to combine residential units, commercial
17 space and/or services for a multi-age population. Provided, however, at
18 least thirty per centum of the total number of residential units shall
19 be for individuals who are sixty years of age or over and at least ten
20 per centum of the total number of residential units shall be affordable
21 to individuals at sixty per centum or less of the area median income.
22 § 15. Paragraph (h) of subdivision 3 of section 7-722 of the village
23 law, as amended by chapter 418 of the laws of 1995, is amended to read
24 as follows:
25 (h) Existing housing resources and future housing needs, including,
26 but not limited to, affordable housing and housing for senior citizens
27 consistent with the goal of mixed-use age-integrated projects within
28 communities.
29 § 16. Section 7-722 of the village law is amended by adding a new
30 subdivision 13 to read as follows:
31 13. Mixed-use age-integrated housing incentive fund. In cases where
32 the village is approving a subdivision plat or site plan for five or
33 more residential units or a mixed-use development that incorporates five
34 or more residential units, the village may establish a program to
35 provide developers with incentives to develop mixed-use age-integrated
36 housing. Such program may include the following incentives, in addition
37 to any other incentives already provided in law. In exchange for a
38 density increase of at least ten per centum over the otherwise allowable
39 density ratio under the applicable zoning ordinance and comprehensive
40 plan as of the date of application by the developer, the village may
41 require the developer to provide the following:
42 (a) The set aside of at least ten per centum of the residential units
43 requested in the subdivision plat or site plan for mixed-use age-inte-
44 grated housing, or
45 (b) Upon a finding by the village that the set aside of mixed-use
46 age-integrated housing units would have a specific adverse impact upon
47 health, safety or the environment for which there is no feasible method
48 to satisfactorily mitigate or avoid the specific adverse impact, the
49 village may require the developer to pay a reasonable fee that shall
50 constitute a trust fund to be used exclusively by the village for
51 providing mixed-use age-integrated services such as, but not limited to,
52 senior transportation, home health care, home delivered meals, or
53 respite care. All fees collected by the village as provided in this
54 section shall be kept in trust separate and apart from all other moneys.
55 Moneys in such trust fund shall be deposited and secured in the manner
56 provided by section ten of the general municipal law. Pending expendi-
A. 5811 6
1 tures from such trust fund, moneys therein may be invested in the manner
2 provided in section eleven of the general municipal law. Any interest or
3 capital gain realized on the moneys so deposited or invested shall
4 accrue to and become part of such trust fund.
5 Prior to offering the incentives indicated in this subdivision, the
6 village shall adopt a local law specifying how they will implement this
7 incentive program, including provisions for how the density increase and
8 other incentives will be implemented.
9 § 17. The real property tax law is amended by adding a new section
10 421-p to read as follows:
11 § 421-p. Mixed-use age-integrated housing exemption. Any county, city,
12 town, village or school district may by local law or in the case of a
13 school district by resolution, other than a school district to which
14 article fifty-two of the education law applies, after a public hearing
15 adopt the provisions of this section providing for an exemption for
16 senior citizen mixed-use age-integrated housing as defined in section
17 two hundred seventy-two-a of the town law.
18 Such local law, or in the case of a school district, such resolution,
19 may provide for the exemptions application to be limited to a specific
20 geographic area of such county, city, town, village or school district.
21 Such exemptions shall be computed upon the increase in value attribut-
22 able to the new construction, or in the case of reconstruction, to the
23 increase in value attributable to such reconstruction.
24 Such mixed-use age-integrated housing exemption shall be pursuant to
25 the following exemption schedule:
26 Year of exemptionPercentage of exemption
27 150
28 250
29 350
30 440
31 530
32 620
33 710
34 810
35 910
36 105
37 § 18. The state office for the aging and the department of state
38 shall:
39 (a) prepare or cause to be prepared and made available to cities,
40 towns and villages model zoning and planning guidelines that foster
41 age-integrated communities including provisions to allow for accessory
42 senior citizen units in areas zoned for single family residences and for
43 mixed-use development accommodating senior citizen residential housing;
44 and
45 (b) make recommendations, in consultation with the division of housing
46 and community renewal, to the governor and legislature for assisting
47 mixed-use age-integrated housing development or redevelopment demon-
48 stration projects in urban, suburban and rural areas of the state. The
49 director of the state office for the aging and the secretary of state
50 shall establish an advisory committee for purposes of this section. Such
51 committee shall include, but not be limited to, top representatives of
52 local government, senior citizen organizations, developers, senior
53 service providers and planners.
54 § 19. This act shall take effect on the one hundred eightieth day
55 after it shall have become a law.