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A07174 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7174
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 23, 2021
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Local Governments
 
        AN ACT to amend the general municipal law, in relation to urban develop-
          ment action areas
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 693 of the general municipal  law,  as  amended  by
     2  chapter 88 of the laws of 2018, is amended to read as follows:
     3    §  693.  Area  designation.  An urban development action area shall by
     4  resolution be designated by the governing body,  or  by  the  commission
     5  where  so authorized to act by the governing body, on its own initiative
     6  or upon recommendation of the agency, provided at least sixty percent of
     7  such area is an eligible area. Any such designation shall be in conform-
     8  ance with the standards and procedures required for all land use  deter-
     9  minations  pursuant  to  general,  special  or  local  law  or  charter.
    10  Provided, however, that if a  proposed  urban  development  action  area
    11  project  is  to  be developed on an eligible area and consists solely of
    12  the rehabilitation or  conservation  of  existing  private  or  multiple
    13  dwellings  or  the  construction of one to four unit dwellings or, until
    14  June thirtieth, two thousand [twenty-one] twenty-four,  for  up  to  six
    15  urban  development  action  area  projects  in  any  calendar  year, the
    16  construction of up to ninety dwelling  units  financed  by  the  federal
    17  government and restricted to occupancy by the elderly or by persons with
    18  disabilities  without  any change in land use permitted by local zoning,
    19  the governing body, or the commission where so authorized to act by  the
    20  governing body, may waive the area designation requirement.
    21    §  2.  Subdivision  5  of section 694 of the general municipal law, as
    22  amended by chapter 88 of the  laws  of  2018,  is  amended  to  read  as
    23  follows:
    24    5.  Any  approval of an urban development action area project shall be
    25  in conformance with the standards and procedures required for  all  land
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09915-01-1

        A. 7174                             2
 
     1  use determinations pursuant to general, special or local law or charter.
     2  In a city having a population of one million or more, the governing body
     3  may  require  that the agency incorporate into the project any or all of
     4  the following: (i) the proposed number of residential units; (ii) wheth-
     5  er  such  units are home ownership units, rental units or condominium or
     6  cooperative units; (iii) a best estimate of the initial rents or selling
     7  prices for such units; (iv) the proposed income restrictions, if any, on
     8  renters or purchasers of such units; and (v)  the  basis  on  which  the
     9  consideration for the sale or lease of the property is to be determined.
    10  Provided,  however,  that  if the proposed urban development action area
    11  project consists solely of the rehabilitation or conservation of  exist-
    12  ing  private  or  multiple  dwellings or the construction of one to four
    13  unit dwellings or, until June thirtieth, two thousand [twenty-one] twen-
    14  ty-four, for up to six urban development action  area  projects  in  any
    15  calendar  year, the construction of up to ninety dwelling units financed
    16  by the federal government and restricted to occupancy by the elderly  or
    17  by persons with disabilities without any change in land use permitted by
    18  local  zoning, the governing body, or the commission where so authorized
    19  to act by the governing body, may waive any such  standards  and  proce-
    20  dures required by local law or charter.
    21    §  3.  Paragraph  (d)  of  subdivision 6 of section 695 of the general
    22  municipal law, as amended by chapter 88 of the laws of 2018, is  amended
    23  to read as follows:
    24    (d)  Notwithstanding  any standards or procedures established for land
    25  disposition by general, special or local law or  charter,  if  an  urban
    26  development  action  area project is to be developed on an eligible area
    27  and consists solely of the rehabilitation or  conservation  of  existing
    28  private  or  multiple  dwellings or the construction of one to four unit
    29  dwellings or, until June thirtieth, two  thousand  [twenty-one]  twenty-
    30  four, for up to six urban development action area projects in any calen-
    31  dar  year,  the  construction of up to ninety dwelling units financed by
    32  the federal government and restricted to occupancy by the elderly or  by
    33  persons  with  disabilities  without any change in land use permitted by
    34  local zoning, a municipality may dispose of the real property constitut-
    35  ing such urban development action project to any person, firm, or corpo-
    36  ration qualified pursuant to  this  subdivision  by  resolution  of  its
    37  governing  body  or,  in  any city having a population of one million or
    38  more, by action of the mayor,  provided  that  such  disposition  is  in
    39  accordance  with  the  requirements  of this subdivision. Disposition of
    40  real property acquired by condemnation shall be in accordance  with  the
    41  requirements of section four hundred six of the eminent domain procedure
    42  law, if applicable.
    43    §  4.  This act shall take effect immediately; provided, however, that
    44  if this act shall have become a law after June 30, 2021, this act  shall
    45  take  effect immediately and shall be retroactive to and shall be deemed
    46  to have been in full force and effect on and after June 30, 2021.
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