Bill Text: NY A08903 | 2023-2024 | General Assembly | Amended
Bill Title: Requires municipalities to include an Affordable Housing Needs Assessment to establish a data-based foundation for the creation and preservation of affordable housing in the municipality, utilizing the U.S. Department of Housing and Urban Development median income calculations, in their comprehensive plans.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-11-01 - amend by restoring to original print 8903 [A08903 Detail]
Download: New_York-2023-A08903-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8903--A IN ASSEMBLY January 26, 2024 ___________ Introduced by M. of A. BURDICK, LEVENBERG, GONZALEZ-ROJAS, EPSTEIN -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, the general city law, the town law and the village law, in relation to requiring municipalities to include a housing needs assessment using the HUD median income calculations in their comprehensive plans; and to amend the general city law, in relation to making a technical correction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (o) and (p) of subdivision 1 of section 239-d of 2 the general municipal law, as added by chapter 451 of the laws of 1997, 3 are amended and a new paragraph (q) is added to read as follows: 4 (o) Any and all other items which are consistent with the protection, 5 enhancement, orderly growth and development of the county; [and] 6 (p) Consideration of cumulative impacts of development, and other 7 issues which promote compliance with the state environmental quality 8 review act under article eight of the environmental conservation law and 9 its implementing regulations[.]; and 10 (q) A housing needs assessment to establish a data-based foundation 11 for the creation and preservation of housing in the county, utilizing 12 the U.S. department of housing and urban development median income 13 calculations. Such assessment must address housing needs within five 14 levels as follows: (i) at or below thirty percent of the county's AMI 15 (area median income); (ii) between thirty-one percent and fifty percent 16 of the county's AMI; (iii) between fifty-one percent and sixty percent 17 of the county's AMI; (iv) between sixty-one percent and eighty percent 18 of the county's AMI; and (v) between eighty-one percent and one hundred 19 percent of the county's AMI. 20 § 2. Subdivision 4 of section 28-a of the general city law is amended 21 by adding a new paragraph (p) to read as follows: 22 (p) A housing needs assessment to establish a data-based foundation 23 for the creation and preservation of housing in the city, utilizing the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11918-04-4A. 8903--A 2 1 U.S. department of housing and urban development median income calcu- 2 lations. Such assessment must address affordable housing needs within 3 five levels as follows: (i) at or below thirty percent of the city's AMI 4 (area median income); (ii) between thirty-one percent and fifty percent 5 of the city's AMI; (iii) between fifty-one percent and sixty percent of 6 the city's AMI; (iv) between sixty-one percent and eighty percent of the 7 city's AMI; and (v) between eighty-one percent and one hundred percent 8 of the city's AMI. 9 § 3. Subdivision 3 of section 272-a of the town law is amended by 10 adding a new paragraph (p) to read as follows: 11 (p) A housing needs assessment to establish a data-based foundation 12 for the creation and preservation of housing in the town, utilizing the 13 U.S. department of housing and urban development median income calcu- 14 lations. Such assessment must address housing needs within five levels 15 of affordability as follows: (i) at or below thirty percent of the 16 town's AMI (area median income); (ii) between thirty-one percent and 17 fifty percent of the town's AMI; (iii) between fifty-one percent and 18 sixty percent of the town's AMI; (iv) between sixty-one percent and 19 eighty percent of the town's AMI; and (v) between eighty-one percent and 20 one hundred percent of the town's AMI. 21 § 4. Subdivision 3 of section 7-722 of the village law is amended by 22 adding a new paragraph (p) to read as follows: 23 (p) A housing needs assessment to establish a data-based foundation 24 for the creation and preservation of housing in the village, utilizing 25 the U.S. department of housing and urban development median income 26 calculations. Such assessment must address housing needs within five 27 levels as follows: (i) at or below thirty percent of the village's AMI 28 (area median income); (ii) between thirty-one percent and fifty percent 29 of the village's AMI; (iii) between fifty-one percent and sixty percent 30 of the village's AMI; (iv) between sixty-one percent and eighty percent 31 of the village's AMI; and (v) between eighty-one percent and one hundred 32 percent of the village's AMI. 33 § 5. Article 3 of the general city law is amended by adding a new 34 article heading to read as follows: 35 ZONING AND PLANNING 36 § 6. Municipalities shall not have the obligation to perform a housing 37 needs assessment if no federal, state, county, or third-party funding 38 has been awarded, granted or otherwise obtained. 39 § 7. This act shall take effect immediately.
