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S06644 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6644
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 11, 2021
                                       ___________
 
        Introduced  by  Sen.  BRISPORT -- (at request of the NYC H.P.D.) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Cities 1
 
        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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09915-01-1

        S. 6644                             2
 
     1    5.  Any  approval of an urban development action area project shall be
     2  in conformance with the standards and procedures required for  all  land
     3  use determinations pursuant to general, special or local law or charter.
     4  In a city having a population of one million or more, the governing body
     5  may  require  that the agency incorporate into the project any or all of
     6  the following: (i) the proposed number of residential units; (ii) wheth-
     7  er such units are home ownership units, rental units or  condominium  or
     8  cooperative units; (iii) a best estimate of the initial rents or selling
     9  prices for such units; (iv) the proposed income restrictions, if any, on
    10  renters  or  purchasers  of  such  units; and (v) the basis on which the
    11  consideration for the sale or lease of the property is to be determined.
    12  Provided, however, that if the proposed urban  development  action  area
    13  project  consists solely of the rehabilitation or conservation of exist-
    14  ing private or multiple dwellings or the construction  of  one  to  four
    15  unit dwellings or, until June thirtieth, two thousand [twenty-one] twen-
    16  ty-four,  for  up  to  six urban development action area projects in any
    17  calendar year, the construction of up to ninety dwelling units  financed
    18  by  the federal government and restricted to occupancy by the elderly or
    19  by persons with disabilities without any change in land use permitted by
    20  local zoning, the governing body, or the commission where so  authorized
    21  to  act  by  the governing body, may waive any such standards and proce-
    22  dures required by local law or charter.
    23    § 3. Paragraph (d) of subdivision 6 of  section  695  of  the  general
    24  municipal  law, as amended by chapter 88 of the laws of 2018, is amended
    25  to read as follows:
    26    (d) Notwithstanding any standards or procedures established  for  land
    27  disposition  by  general,  special  or local law or charter, if an urban
    28  development action area project is to be developed on an  eligible  area
    29  and  consists  solely  of the rehabilitation or conservation of existing
    30  private or multiple dwellings or the construction of one  to  four  unit
    31  dwellings  or,  until  June thirtieth, two thousand [twenty-one] twenty-
    32  four, for up to six urban development action area projects in any calen-
    33  dar year, the construction of up to ninety dwelling  units  financed  by
    34  the  federal government and restricted to occupancy by the elderly or by
    35  persons with disabilities without any change in land  use  permitted  by
    36  local zoning, a municipality may dispose of the real property constitut-
    37  ing such urban development action project to any person, firm, or corpo-
    38  ration  qualified  pursuant  to  this  subdivision  by resolution of its
    39  governing body or, in any city having a population  of  one  million  or
    40  more,  by  action  of  the  mayor,  provided that such disposition is in
    41  accordance with the requirements of  this  subdivision.  Disposition  of
    42  real  property  acquired by condemnation shall be in accordance with the
    43  requirements of section four hundred six of the eminent domain procedure
    44  law, if applicable.
    45    § 4. This act shall take effect immediately; provided,  however,  that
    46  if  this act shall have become a law after June 30, 2021, this act shall
    47  take effect immediately and shall be retroactive to and shall be  deemed
    48  to have been in full force and effect on and after June 30, 2021.
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