Bill Text: NY A09228 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires each town, village, and city to develop a "housing action plan for everyone", including consideration of local needs and specific strategies to address those local needs.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-16 - referred to local governments [A09228 Detail]

Download: New_York-2023-A09228-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9228

                   IN ASSEMBLY

                                    February 16, 2024
                                       ___________

        Introduced  by  M. of A. LEVENBERG, BURDICK -- read once and referred to
          the Committee on Local Governments

        AN ACT to amend the general city law, the town law, and the village law,
          in relation to requiring each town, village, and  city  to  develop  a
          housing action plan for everyone

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general city law is amended by adding a new section  28
     2  to read as follows:
     3    §  28.  Housing  action plan for everyone. 1.  The legislative body of
     4  each city shall adopt a housing action plan for everyone to increase the
     5  amount of available housing in each such city. Each such housing  action
     6  plan  shall  be  updated  no  less  than  every  five years prior to its
     7  adoption by a city.
     8    2. Each such action housing plan shall consider, but  not  be  limited
     9  to, the following factors:
    10    (a) The infrastructure needs of each respective city.
    11    (b) Available land for new housing construction.
    12    (c)  Potential  opportunities to redevelop underutilized buildings for
    13  housing.
    14    (d) The particular needs of  each  respective  city,  in  relation  to
    15  income levels, housing costs, and at-risk areas.
    16    (e)  Specific  tools and strategies to address the particular needs of
    17  each respective city.
    18    3. Each such housing action plan may consider, but shall not be limit-
    19  ed to, the following concepts:
    20    (a) The legalization of accessory dwelling units.
    21    (b) Authorization of transit-oriented development zones.
    22    (c) Elimination or reduction of parking requirements.
    23    (d) Streamlining permit processes, such as environmental  and  discre-
    24  tionary review requirements.
    25    (e) Authorizing as-of-right and mixed-use development goals.
    26    4.  The amount of new housing contemplated in each such housing action
    27  plan, as determined by the legislative body of each city, shall  consid-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14220-03-4

        A. 9228                             2

     1  er, but not be limited to, the area median income (AMI) calculations set
     2  forth  by  the  U.S.  department of housing and urban development, which
     3  consists of the following five levels: (a) at or below thirty percent of
     4  the  city's  AMI;  (b)  between thirty-one percent and fifty  percent of
     5  the  city's AMI; (c) between fifty-one percent and sixty percent of  the
     6  city's  AMI;  (d)  between sixty-one percent and eighty  percent of  the
     7  city's AMI; and (e) between eighty-one percent and one  hundred  percent
     8  of the city's AMI.
     9    5.  (a)  The  planning  board of each city, as established pursuant to
    10  section twenty-seven of this article, or a group appointed by the  mayor
    11  and  city  council  for this purpose, shall submit the completed housing
    12  action plan for everyone to the mayor and legislative body of each  city
    13  for  review  and  further recommendation. Such planning board may modify
    14  such housing plan to address any recommendations received from the mayor
    15  and legislative body.
    16    (b) The planning board of each city, or a group appointed by the mayor
    17  and city council for this purpose, may coordinate  with  local  planning
    18  associations,   non-profits,   builders,   realtors,  housing  councils,
    19  construction industry representatives, and/or other community stakehold-
    20  ers in the development of such housing action plan.
    21    6. (a) Each city shall post a copy of  the  finalized  housing  action
    22  plan  on each such city's website and file such housing action plan with
    23  the division of housing and community renewal.
    24    (b) Each city shall hold at least one public hearing on  such  housing
    25  action  plan within thirty days of the completion of such housing action
    26  plan.
    27    7. Regional economic development offices, as  established  by  article
    28  eleven  of  the economic development law, shall assist municipalities by
    29  making them aware of grants and funding options that  may  be  available
    30  for  implementing  the  housing action plan. Within twelve months of the
    31  effective date of this section, the enactment of the housing action plan
    32  for everyone by the legislative body of a city shall  be  completed.  If
    33  such  housing action plan is not completed within such time, a one-time,
    34  three-month extension to complete and finalize such plan may be granted,
    35  if the division of housing and community renewal confirms that such plan
    36  has been substantially completed.
    37    § 2. The town law is amended by adding a new section 272  to  read  as
    38  follows:
    39    §  272.  Housing action plan for everyone. 1.  The legislative body of
    40  each town shall adopt a housing action plan for everyone to increase the
    41  amount of available housing in each such town. Each such housing  action
    42  plan  shall  be  updated  no  less  than  every  five years prior to its
    43  adoption by a town.
    44    2. Each such action housing plan shall consider, but  not  be  limited
    45  to, the following factors:
    46    (a) The infrastructure needs of each respective town.
    47    (b) Available land for new housing construction.
    48    (c)  Potential  opportunities to redevelop underutilized buildings for
    49  housing.
    50    (d) The particular needs of  each  respective  town,  in  relation  to
    51  income levels, housing costs, and at-risk areas.
    52    (e)  Specific  tools and strategies to address the particular needs of
    53  each respective town.
    54    3. Each such housing action plan may consider, but shall not be limit-
    55  ed to, the following concepts:
    56    (a) The legalization of accessory dwelling units.

        A. 9228                             3

     1    (b) Authorization of transit-oriented development zones.
     2    (c) Elimination or reduction of parking requirements.
     3    (d)  Streamlining  permit processes, such as environmental and discre-
     4  tionary review requirements.
     5    (e) Authorizing as-of-right and mixed-use development goals.
     6    4. The amount of new housing contemplated in each such housing  action
     7  plan,  as determined by the legislative body of each town, shall consid-
     8  er, but not be limited to, the area median income (AMI) calculations set
     9  forth by the U.S. department of housing  and  urban  development,  which
    10  consists of the following five levels: (a) at or below thirty percent of
    11  the  town's  AMI;  (b)  between thirty-one percent and fifty  percent of
    12  the town's AMI; (c) between fifty-one percent and sixty percent  of  the
    13  town's  AMI;  (d)  between sixty-one percent and eighty  percent of  the
    14  town's AMI; and (e) between eighty-one percent and one  hundred  percent
    15  of the town's AMI.
    16    5.  (a)  The  planning  board of each town, as established pursuant to
    17  section two hundred seventy-one of this article, or a group appointed by
    18  the town board for this purpose,  shall  submit  the  completed  housing
    19  action  plan  for everyone to the town board of each town for review and
    20  further recommendation. Such planning board, or a group appointed by the
    21  town board for this purpose, may modify such housing plan to address any
    22  recommendations received from the town board.
    23    (b) The planning board of each town, or a group appointed by the  town
    24  supervisor  and  town  board, may coordinate with local planning associ-
    25  ations, non-profits, builders, realtors, housing councils,  construction
    26  industry  representatives,  and/or  other  community stakeholders in the
    27  development of such housing action plan.
    28    6. (a) Each town shall post a copy of  the  finalized  housing  action
    29  plan  on each such town's website and file such housing action plan with
    30  the division of housing and community renewal.
    31    (b) Each town shall hold at least one public hearing on  such  housing
    32  action  plan within thirty days of the completion of such housing action
    33  plan.
    34    7. Regional economic development offices, as  established  by  article
    35  eleven  of  the economic development law, shall assist municipalities by
    36  making them aware of grants, and funding options that may  be  available
    37  for  implementing  the  housing action plan. Within twelve months of the
    38  effective date of this section, the enactment of the housing action plan
    39  for everyone by the legislative body of a town shall  be  completed.  If
    40  such  housing action plan is not completed within such time, a one-time,
    41  three-month extension to complete and finalize such plan may be granted,
    42  if the division of housing and community renewal confirms that such plan
    43  has been substantially completed.
    44    § 3. The village law is amended by adding a new section 7-720 to  read
    45  as follows:
    46    §  7-720 Housing action plan for everyone.  1. The legislative body of
    47  each village shall adopt a housing action plan for everyone to  increase
    48  the  amount of available housing in each such village. Each such housing
    49  action plan shall be updated no less than every five years prior to  its
    50  adoption by a village.
    51    2.  Each  such  action housing plan shall consider, but not be limited
    52  to, the following factors:
    53    (a) The infrastructure needs of each respective village.
    54    (b) Available land for new housing construction.
    55    (c) Potential opportunities to redevelop underutilized  buildings  for
    56  housing.

        A. 9228                             4

     1    (d)  The  particular  needs of each respective village, in relation to
     2  income levels, housing costs, and at-risk areas.
     3    (e)  Specific  tools and strategies to address the particular needs of
     4  each respective village.
     5    3. Each such housing action plan may consider, but shall not be limit-
     6  ed to, the following concepts:
     7    (a) The legalization of accessory dwelling units.
     8    (b) Authorization of transit-oriented development zones.
     9    (c) Elimination or reduction of parking requirements.
    10    (d) Streamlining permit processes, such as environmental  and  discre-
    11  tionary review requirements.
    12    (e) Authorizing as-of-right and mixed-use development goals.
    13    4.  The amount of new housing contemplated in each such housing action
    14  plan, as determined by the  legislative  body  of  each  village,  shall
    15  consider,  but  not  be  limited to, the area median income (AMI) calcu-
    16  lations set forth by the U.S. department of housing and  urban  develop-
    17  ment, which consists of the following five levels: (a) at or below thir-
    18  ty  percent  of  the  village's  AMI; (b) between thirty-one percent and
    19  fifty  percent of  the village's AMI; (c) between fifty-one percent  and
    20  sixty  percent  of  the village's AMI; (d) between sixty-one percent and
    21  eighty   percent of   the village's  AMI;  and  (e)  between  eighty-one
    22  percent and one hundred percent of the village's AMI.
    23    5.  (a) The planning board of each village, as established pursuant to
    24  section 7-722 of this article, or a group appointed by the village board
    25  for this purpose, shall submit the completed  housing  action  plan  for
    26  everyone  to  the  village  board of each village for review and further
    27  recommendation. Such planning board, or a group appointed by the village
    28  board for this purpose, may modify such  housing  plan  to  address  any
    29  recommendations received from the village board.
    30    (b)  The  planning  board  of each village or a group appointed by the
    31  village board for this purpose, may coordinate with local planning asso-
    32  ciations,   non-profits,   builders,   realtors,    housing    councils,
    33  construction industry representatives, and/or other community stakehold-
    34  ers in the development of such housing action plan.
    35    6.  (a) Each village shall post a copy of the finalized housing action
    36  plan on each such village's website and file such  housing  action  plan
    37  with the division of housing and community renewal.
    38    (b)  Each village shall hold at least one public hearing on such hous-
    39  ing action plan within thirty days of the  completion  of  such  housing
    40  action plan.
    41    7.  Regional  economic  development offices, as established by article
    42  eleven of the economic development law, shall assist  municipalities  by
    43  making  them  aware  of grants and funding options that may be available
    44  for implementing the housing action plan. Within twelve  months  of  the
    45  effective date of this section, the enactment of the housing action plan
    46  for everyone by the legislative body of a village shall be completed. If
    47  such  housing action plan is not completed within such time, a one-time,
    48  three-month extension to complete and finalize such plan may be granted,
    49  if the division of housing and community renewal confirms that such plan
    50  has been substantially completed.
    51    § 4. This act shall take effect immediately.
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