STATE OF NEW YORK ________________________________________________________________________ 10111 IN ASSEMBLY March 15, 2018 ___________ Introduced by M. of A. RODRIGUEZ -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York and the public housing law, in relation to establishing the New York city housing authority repair certificate program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 25-116 to read as follows: 3 § 25-116 New York city housing authority repair certificate program. 4 a. The city planning commission shall establish the New York city hous- 5 ing authority repair certificate program, in cooperation with the New 6 York city housing authority. Under such program, the city planning 7 commission shall grant amendments to zoning resolutions which increase 8 the allowable development in areas covered by a New York city housing 9 authority repair certificate issued pursuant to section four hundred 10 two-d of the public housing law. 11 b. The city planning commission shall for each application for an 12 amendment of a zoning resolution, establish the per foot value of any 13 New York city housing authority repair certificate issued in the areas 14 covered by such amendment and the maximum allowed foot area ratio that 15 may be granted to the holder of such certificate in the newly zoned 16 area. Such per foot value shall be updated annually based upon increases 17 in the consumer price index for housing costs in the New York city 18 metropolitan area. 19 c. A developer who seeks to obtain an increased foot area ratio in a 20 newly zoned area, by means of being the holder of a New York city hous- 21 ing authority repair certificate, shall submit an application therefor 22 to the city planning commission. Such commission shall within seven days 23 of receiving an application pursuant to this subdivision, forward it to 24 the New York city housing authority, along with the per foot value to be 25 granted if the applicant receives a repair certificate from such author- 26 ity. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07792-03-8A. 10111 2 1 d. Upon certification by the New York city housing authority that a 2 developer has been awarded a repair certificate, the city planning 3 commission shall approve such developer's application submitted pursuant 4 to this section. 5 e. The transfer of a certificate must be registered with the city 6 planning commission within seven days of the transfer. 7 § 2. The public housing law is amended by adding a new section 402-d 8 to read as follows: 9 § 402-d. Issuance of repair certificate. 1. The New York city housing 10 authority, in consultation with the New York city planning commission, 11 shall establish procedures and guidelines for the awarding of repair 12 certificates by such authority to developers which perform capital 13 repairs to a project operated by the authority. No such certificate 14 shall be awarded based upon the performance of any work which would 15 constitute regular maintenance upon any project operated by such author- 16 ity. The procedures and guidelines established pursuant to this subdivi- 17 sion shall provide maximum allowable costs for various kinds and types 18 of capital repair projects. 19 2. There shall be established, within the New York city housing 20 authority, an office of repair certification. Such office shall adminis- 21 ter the repair certificate program. The office shall establish lists of 22 repair projects, to authority facilities, which shall be eligible for 23 the repair certificate program, the estimated value of each such repair 24 project, and the priority of each repair project based upon its urgency 25 and/or importance. 26 3. The office of repair certification shall receive each application 27 forwarded to the New York city housing authority pursuant to subdivision 28 c of section 25-116 of the administrative code of the city of New York. 29 Within ten days of receiving an application, the office shall contact 30 the applicant and provide it with a list of eligible repair projects 31 equal in value to the benefit to be provided to such applicant by the 32 city planning commission. Such list shall, to the extent practicable, 33 include only those eligible repair projects within the same neighborhood 34 included in the area to which the requested amendment to the zoning 35 resolution relates, regardless of the importance or urgency of the 36 repair project. Provided, however, if no such eligible repair projects 37 exist in the neighborhood, then the projects shall be listed in order of 38 priority. 39 4. Upon receipt of a list from the office, an applicant must reply 40 within thirty days. If the applicant fails to do so, its application 41 shall be terminated. Such reply to the office shall include designation 42 of the project or projects the applicant desires to complete, the appli- 43 cant's estimate of the cost of completing the repair project, and a 44 timeline for the completion of the project. 45 5. The office of repair certification shall, within fourteen days of 46 receiving an applicant's reply, review the costs and project plan 47 submitted, and either approve or disapprove such reply. If an appli- 48 cant's submission is disapproved, it shall have fifteen days to resubmit 49 a new project plan and estimate of costs for review by the office. Upon 50 a second submission, the office shall again make a determination within 51 fourteen days, and, if the plan is disapproved, the office shall provide 52 the applicant with a written explanation therefor. 53 6. For any repair project plan that is approved by the office of 54 repair certification where the applicant's estimated cost thereof 55 exceeds the value of the project established by the office, such officeA. 10111 3 1 shall provide notice to the city planning commission that the zoning 2 valuation of the zoning amendment must be adjusted within seven days. 3 7. Upon completion of the agreed upon repair project or projects by 4 the applicant, the office shall award the applicant a certificate of 5 completion and provide a copy thereof to the city planning commission 6 within fourteen days of certifying the completion of the project. 7 § 3. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law; provided, however, that effective immediate- 9 ly, the addition, amendment and/or repeal of any rule or regulation 10 necessary for the implementation of this act on its effective date are 11 authorized and directed to be made and completed on or before such 12 effective date.