STATE OF NEW YORK
________________________________________________________________________
8448
2021-2022 Regular Sessions
IN ASSEMBLY
November 17, 2021
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the state administrative procedure act, in relation to
requiring housing affordability impact notes in relation to certain
rules
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state administrative procedure act is amended by adding
2 a new section 202-f to read as follows:
3 § 202-f. Housing affordability impact notes. 1. Every rule, the
4 purpose or effect of which is to increase or decrease the cost of
5 constructing, purchasing, owning or selling a single family residence or
6 a multi-unit housing development, either directly or indirectly, shall
7 be accompanied by a brief explanatory statement or note that shall
8 include a reliable estimate of the anticipated impact on such housing.
9 These statements or notes shall be known as housing affordability impact
10 notes.
11 2. Every state agency, excluding the division of housing and community
12 renewal, the New York state housing finance agency, and the state of New
13 York mortgage agency, proposing the adoption, repeal or amendment of any
14 rule to which subdivision one of this section applies, shall present a
15 copy of the proposal, with the request for a housing affordability
16 impact note to the New York state division of housing and community
17 renewal. The housing affordability impact note shall be prepared by the
18 division and submitted to the agency proposing the rule within five
19 calendar days, except where, because of the complexity of the measure,
20 additional time is required for the preparation of the housing afforda-
21 bility impact note. In such case, the division may inform the agency and
22 the agency may approve an extension of the time within which the note is
23 to be submitted, not to exceed, however, more than thirty days following
24 the date of the request. The division may seek assistance from a state-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11715-02-1
A. 8448 2
1 wide trade organization representing the real estate or home building
2 industry in the preparation of a housing affordability impact note. If,
3 in the opinion of the division, there is insufficient information to
4 prepare a reliable estimate of the anticipated impact, a statement to
5 that effect can be filed and shall meet the requirements of this
6 section.
7 3. The note shall be factual in nature, as brief and concise as possi-
8 ble, and shall provide a reasonable estimate in dollars of the rule's
9 housing impact. In addition, it shall include both the immediate effect
10 and, if determinable or reasonably foreseeable, the long range effects
11 of the measure. A housing affordability impact note shall be prepared on
12 the basis of a single family residence or a multi-unit housing develop-
13 ment and may include an estimate for a larger development as an analysis
14 of the long range effect of a measure. If, after careful investigation,
15 it is determined that no dollar estimate is possible, the note shall
16 contain a statement to that effect setting forth the reasons why no
17 dollar estimate can be given. A brief summary or work sheet of computa-
18 tions used in arriving at housing affordability impact note figures
19 shall be included.
20 4. No comment or opinion shall be included in the housing affordabili-
21 ty impact note with regard to the merits of the measure for which the
22 housing affordability impact note is prepared; however, technical or
23 mechanical defects may be noted.
24 § 2. This act shall take effect on the first of January next succeed-
25 ing the date on which it shall have become a law.
