Bill Text: NY A03291 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires the New York city planning commission to hold a public community forum prior to approving the locating of a hotel in the borough of the Bronx.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A03291 Detail]
Download: New_York-2017-A03291-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3291 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. SEPULVEDA -- read once and referred to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to the establishment, construction and location of hotels in the borough of the Bronx The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 25-111 of the administrative code of the city of 2 New York is amended by adding a new subdivision d to read as follows: 3 d. 1. For the purposes of this subdivision, "hotel" means a building 4 or portion thereof which is regularly used and kept open for the lodging 5 of guests, and which is located in the borough of the Bronx. Such term 6 includes an apartment hotel, a motel, boarding house or club that 7 contains ten or more rooms, whether or not meals are served. 8 2. The city planning commission shall not authorize the establishment, 9 construction or location of a hotel in the borough of the Bronx until 10 the provisions of this subdivision have been complied with. 11 3. No hotel shall be established, constructed or located in the 12 borough of the Bronx until the owner thereof shall have filed notice of 13 such proposed hotel with the city planning commission and the community 14 board of the locality in which the hotel is proposed to be established, 15 constructed or located. Such notice shall contain a description of the 16 proposed hotel, including its location, floor plans, the building foot- 17 print on the building parcel, architectural renderings, number of rooms 18 to be used and kept open for lodging of guests, and a financial plan to 19 demonstrate such hotel's financial viability as a bona fide hotel. Such 20 financial plan shall demonstrate that the hotel can remain economically 21 viable as a bona fide hotel and will not become transformed or converted 22 into a hotel or building that condones, sanctions or allows criminal 23 activities including, but not limited to, prostitution, the sale or use EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08118-01-7A. 3291 2 1 of controlled substances, or the possession or sale of stolen property, 2 to be conducted upon such premises. 3 4. Not less than forty-five days nor more than ninety days after an 4 owner's notice pursuant to paragraph three of this subdivision, the city 5 planning commission shall hold a public community forum for the purpose 6 of obtaining public and community board input concerning the anticipated 7 impact of the proposed hotel upon the community. Such impact may include 8 and relate to: (a) any potential adverse effects upon the community; and 9 (b) any illegal activities which may be caused or condoned either now or 10 in the reasonable future, by the potential hotel including, but not 11 limited to, prostitution, the sale or use of controlled substances, or 12 the possession or sale of stolen property. The city planning commission 13 shall afford community members, representatives of the local community 14 board, local businesses and residents a reasonable opportunity to speak 15 about relevant matters at such community forum, including comments on 16 the financial plan of such hotel and its economic viability to become 17 and remain a bona fide hotel. Every such forum shall be held upon not 18 less than twenty days notice to the affected community and the local 19 community board. 20 5. The city planning commission shall, prior to establishing the date, 21 time and location of the public community forum, consult with and obtain 22 the advice and consent of the appropriate community board, as to estab- 23 lishing a convenient date, time and location to conduct the forum for 24 the locally impacted community. Such forum location shall be within 25 reasonable proximity of the proposed hotel, and in suitable facilities 26 that provide adequate room and access to hear public comments presented. 27 6. Not less than sixty days, nor more than ninety days, after holding 28 a community forum the city planning commission shall, after due consid- 29 eration of the comments at such forum, either approve or deny authori- 30 zation for the establishment, construction or location of the hotel. In 31 making its decisions, the commission shall evaluate the financial plan 32 of such hotel and its ability to remain economically viable as a bona 33 fide hotel and not become transformed or converted into a hotel or 34 building that condones, sanctions or allows criminal activities includ- 35 ing, but not limited to, prostitution, the sale or use of controlled 36 substances, or the possession or sale of stolen property, on such prem- 37 ises. 38 7. The city planning commission, in granting approval for the estab- 39 lishment, construction or location of a hotel, may revoke, rescind or 40 conditionally suspend authorization to conduct any business activity at 41 such hotel including, but not limited to, its use as a hotel, if it has 42 been successfully demonstrated to the commission that such hotel has 43 systematically condoned, sanctioned or allowed criminal activities 44 including but not limited to, prostitution, the sale or use of 45 controlled substances, or the possession or sale of stolen property, to 46 be conducted on the premises thereof. 47 § 2. This act shall take effect on the sixtieth day after it shall 48 have become a law.
