Bill Text: NY A04231 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates the Long Island workforce housing incentive program; requires a local government that approves a subdivision plat or site plan for five or more residential units to require the set aside of at least ten percent of such units for affordable workforce housing, the payment of a fee to be used to provide affordable workforce housing or the provision of other lands for such purpose.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to local governments [A04231 Detail]
Download: New_York-2017-A04231-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4231 2017-2018 Regular Sessions IN ASSEMBLY February 1, 2017 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to creating the Long Island workforce housing incentive program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds that it 2 is the public policy of the state of New York to foster the goal of home 3 ownership and the provision of affordable workforce housing in areas of 4 the state, such as Long Island, where there is a shortage of such hous- 5 ing. It is further found by this legislature that local governments have 6 a responsibility to assist in the providing of a fair share of the 7 regional need for affordable housing. Further, each local government has 8 the responsibility to establish a land use plan for its community that 9 provides balanced and diverse housing options for all segments of the 10 community. 11 This act shall provide that when five or more residential units or 12 mixed-use development with five or more residential units are seeking 13 approval to be built, Long Island's local governments in exchange for a 14 density bonus on site shall require that as a condition of approval for 15 such site plans and subdivisions the provision of affordable workforce 16 housing in an amount equal to at least ten percent of the housing units 17 be set aside. In the alternative, where a local government determines 18 that the provision of suitable affordable workforce housing may not be 19 provided on site, that in lieu of said requirement, in exchange for a 20 density bonus, either a payment may be made of a reasonable sum to be 21 determined by the local government for the purpose of affordable work- 22 force housing, which sum shall constitute a trust fund for that purpose, 23 or other land and affordable workforce housing units constructed thereon 24 may be provided off-site. It is the intent of the legislature that the 25 density bonus offered by local governments pursuant to this act shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08734-01-7A. 4231 2 1 contribute significantly to the economic feasibility of affordable work- 2 force housing in new residential or mixed-use developments. 3 § 2. The general municipal law is amended by adding a new article 16-B 4 to read as follows: 5 ARTICLE 16-B 6 LONG ISLAND WORKFORCE HOUSING INCENTIVE PROGRAM 7 Section 699-d. Definitions. 8 699-e. Long Island workforce housing incentive program. 9 699-f. Technical assistance for Long Island workforce housing 10 incentive program. 11 § 699-d. Definitions. As used in this article the following terms 12 shall mean: 13 1. "Affordable workforce housing" means housing for individuals or 14 families between eighty and one hundred twenty percent of the median 15 income for the Nassau Suffolk primary metropolitan statistical area as 16 defined by the federal department of housing and urban development. For 17 the purposes of this section, the affordable workforce housing units 18 shall be of consistent design to those of the rest of the development. 19 2. "Density bonus" means a density increase of at least ten percent, 20 unless a lesser percentage is elected by the applicant over the other- 21 wise maximum allowable residential density or floor area ratio if part 22 of a mixed-use development under the applicable zoning ordinance and 23 comprehensive plan as of the date of application by the applicant to the 24 local government. All density calculations resulting in fractional units 25 shall be rounded up to the next whole number. The granting of a density 26 bonus shall not require, in and of itself, a comprehensive plan amend- 27 ment, zoning change or other discretionary approval. The density bonus 28 shall not be included when determining the number of affordable work- 29 force housing units that constitute twenty percent of the total. 30 3. "Local government" means the county of Nassau or Suffolk, or any 31 village, city or town within the county of Nassau or Suffolk. 32 § 699-e. Long Island workforce housing incentive program. 1. When a 33 local government approves a subdivision plat or site plan for five or 34 more residential units or a mixed-use development that incorporates five 35 or more residential units, such local government shall require of the 36 applicant: 37 a. in exchange for a density bonus, the set aside of at least ten 38 percent of such units for affordable workforce housing on site; or 39 b. upon the local government making a finding that the set aside of 40 ten percent of such units for affordable workforce housing would have a 41 specific adverse impact upon health, safety or the environment for which 42 there is no feasible method to satisfactorily mitigate or avoid the 43 specific adverse impact, the payment of a reasonable fee, based upon the 44 affordable value of the additional lots or units resulting from the 45 density bonus, to the local government that shall constitute a trust 46 fund to be used exclusively by the local government for the purpose of 47 providing affordable workforce housing by acquiring land for the specif- 48 ic purpose of providing affordable workforce housing or constructing 49 affordable workforce housing; or rehabilitating structures for the 50 specific purpose of affordable workforce housing. All fees collected by 51 the local government as provided in this section shall be in exchange 52 for a density bonus and shall be deposited in a single trust fund for 53 the local government and shall be kept in trust and separate and apart 54 from all other monies. Moneys in such trust fund shall be deposited and 55 secured in the manner provided by section ten of this chapter. Pending 56 expenditures from such trust fund, moneys therein may be invested in theA. 4231 3 1 manner provided in section eleven of this chapter. Any interest earned 2 or capital gain realized on the moneys so deposited or invested shall 3 accrue to and become part of such trust fund; or 4 c. in exchange for a density bonus, the provision of other lands and 5 construction of the affordable workforce housing units that are not part 6 of the site plan or subdivision plat where it is determined by the local 7 government that suitable affordable workforce housing cannot be provided 8 on site. 9 2. The local government shall provide an applicant, subject to the 10 provisions of this article, a density bonus for providing the required 11 affordable workforce housing units. The local government shall grant the 12 additional density bonus unless such local government makes a written 13 finding, based upon substantial evidence, that the density bonus is not 14 required in order to provide affordable workforce housing or that the 15 density bonus would have a specific adverse impact upon health, safety 16 or the environment for which there is no feasible method to satisfac- 17 torily mitigate or avoid the specific adverse impact. 18 3. Within one year of the effective date of this article, the local 19 government shall adopt an ordinance or local law that specifies how the 20 local government shall implement this article, including provisions 21 specifying how density bonuses will be provided. The local government 22 shall also establish procedures for waiving or modifying development and 23 zoning standards that would otherwise inhibit the utilization of density 24 bonuses on specific sites. The local government's ordinance or local 25 law shall ensure the continued affordability of all affordable workforce 26 housing units for a period of thirty years, or a longer period of time 27 if required by a mortgage financing assistance program, a mortgage 28 insurance program or a rental subsidy program. 29 4. Within one year of the effective date of this article, the local 30 government will develop a strategy for utilizing the monies in the trust 31 fund within three years of such moneys being collected. 32 5. A local government may enter into intermunicipal agreements with 33 contiguous local governments to meet the purposes of this article. 34 § 699-f. Technical assistance for Long Island workforce housing incen- 35 tive program. The department of state shall provide, through its office 36 of local governments services, technical assistance to local governments 37 that are drafting ordinances and local laws to comply with the 38 provisions of this article. 39 § 3. This act shall take effect on the first of November next succeed- 40 ing the date on which it shall have become a law.
