This bill has been amended

Bill S4542-2015

Requires the New York city planning commission to hold public community forum prior to approving the location or continued operation of a supportive housing facility or social services center

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility or social services center.

Details

Actions

  • May 18, 2015: ADVANCED TO THIRD READING
  • May 13, 2015: 2ND REPORT CAL.
  • May 12, 2015: 1ST REPORT CAL.632
  • Mar 26, 2015: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - May 12, 2015
Ayes (4): Lanza, DeFrancisco, Savino, Peralta
Ayes W/R (2): Funke, Ortt
Nays (1): Squadron

Memo

BILL NUMBER:S4542

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to the location of supportive housing facilities and social services centers, and renewal of the lease or operation of such facility or center

PURPOSE OR GENERAL IDEA OF BILL:

The purpose and intent of this bill is to establish a mechanism by which local community members, neighborhood associations, and community groups located in New York City and New York City community board members can learn about proposed projects before they are constructed or established and enable them to offer comments to the New York City Planning Commission before any new supportive housing facilities or social service centers can be established in New York City's neighborhoods. In addition, in an effort to encourage continuing dialog between the local community, community board, and program operator, such notice and public forum procedures shall also apply to when such program's lease or operation is renewed or extended beyond the first period of time in which it was established.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new section 25-111-a to the Administrative Code of the City of New York that relates to powers of the New York City Planning Commission. Title 25 of the Administrative Code relates to City Planning and the powers that the Planning Commission possesses as it relates to city planning issues.

Under this proposal, before any "supportive housing facility or social services center" can be established in New York City, the operator of such facility must file notice of such housing facility or social services proposal with the Planning Commission and the local community board.After such notice is filed, not less than 45 days nor more than 90 days after such notice filing, the City Planning Commission shall hold a public community forum to obtain public and community board input concerning the anticipated impact of such proposed supportive housing facility or social services center. In addition, such notice and public forum procedures shall also apply to when such program's lease or operation is renewed or extended beyond the first period of time in which it was established.

For the purposes of this bill, a supportive housing facility or social services center means a multiple residence or center operated by the State, New York City or a not-for-profit organization, which provides housing accommodations and support services to 10 or more residents or 50 or more non-resident clients per day who have mental illness, trauma, abuse, chemical dependency and/or chronic illness and also, shelters for the homeless or abused women & children.

At such community forum, the Commission shall afford community members, neighborhood associations, and representatives of the community board, local businesses and residents a reasonable opportunity to speak about such proposal and how such proposal may affect such local community. In addition, the community can present information that the location of such a facility or center in the

local community will lead to an over concentration of such establishments in this particular community. Such notice must provide a detailed description of the scope, nature, size and kinds of treatment programs to be provided, and the specific address of such facility, and the number of anticipated residents or clients that plan to utilize such facility or center. In addition, such notice shall include information on the entities that plan to finance its establishment or operation, the amount of money used to establish and operate such facility based on the absolute amount of money utilized and as a percentage of its total budget.

The Planning Commission, in conducting such public community forum, shall consult with and obtain the consent of the local community board as to where and when such forum is to be held to maximize the convenience to the local community to provide comments. Further, notice of such community forum shall be at least 20 days before the hearing date.

After such community forum is conducted, the City Planning Commission, in not less than 60 days nor more than 90 days, after due consideration of the comments provided at such forum, shall either approve, modify or deny authorization for the location and establishment of such facility or center or may suggest an alternative location for such facility or center. The Commission shall give particular attention to if the establishment of such facility or center will create an over concentration of such facilities or centers in this local community. Should such application be denied, the sponsors of such application shall be precluded from reapplying for approval of the location, establishment or operation of such facility or center or similar type facility or center for a period of two years from the date of such denial.

JUSTIFICATION:

With the proliferation of new "supportive housing facilities and social service centers", it is important that members of the local community and representatives of the local community board receive notice of such proposals and have the opportunity to participate in a meaningful public forum in which they can express their support, opposition or concerns & suggested changes in the operation of such facilities before they are built. These notice provisions should apply not only to proposed newly established facilities and centers, but for those same facilities and centers that are being reauthorized for operation or in which the financing of such programs is to be extended.

In addition, the siting of such facilities and centers tends to occur in a few select local communities which is leading to an over concentration of such facilities in only a few areas of the city, particularly in the Bronx. This bill, while understanding the need to establish such facilities and centers, would like to encourage a more equitable distribution of such facilities throughout New York City. This is so that the adverse impacts associated with such facilities will not be borne by only a few communities that do not have the social services support network to accommodate such populations and which would pose adverse impacts for those permanent residents who have lived in the area for a long time.

The Planning Commission, pursuant to NYC Administrative Code sections 25-110 and 25-111 already has the authorization to regulate the height and bulk of buildings.Section 25-111 authorizes the Planning Commission to regulate and restrict the location of trades and industries of buildings designed for specific uses.This bill merely specifies that such trades and industries must include supportive housing facilities and social service centers and that the locally impacted community be accorded due process so that they can comment on such facilities or centers before they are established or their lease or plans of operation are extended.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

This bill does require for the conduct of meaningful public forums and this will have a fiscal impact on the operation of the NYC Planning Commission.As this proposal goes forward, the sponsor understands that the financing of such additional work will need to be paid for.

EFFECTIVE DATE:

This act shall take effect 60 days after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4542 2015-2016 Regular Sessions IN SENATE March 26, 2015 ___________
Introduced by Sens. KLEIN, ADDABBO, AVELLA, GOLDEN, PERALTA, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to the location of supportive housing facilities and social services centers, and renewal of the lease or operation of such facil- ity or center THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 25-111-a to read as follows: S 25-111-A CITY PLANNING COMMISSION TO REGULATE THE LOCATION AND CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT THE LOCATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES OR PLANS OF OPERATION FOR SUCH FACILITIES AND CENTERS. B. FOR THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY THE STATE, THE CITY, OR A NOT-FOR-PROFIT ORGANIZATION, WHICH PROVIDES HOUSING ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR FIFTY OR MORE NON-RESIDENT CLIENTS PER DAY WHO HAVE MENTAL ILLNESS, TRAUMA, ABUSE, CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS FOR THE HOMELESS, OR ABUSED WOMEN AND CHILDREN. C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE ESTABLISHMENT OR LOCATION, OR THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE OPERATION, OF A SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH. D. NO SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER SHALL BE ESTABLISHED OR LOCATED IN THE CITY, NOR SHALL THE LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION OF SUCH A FACILITY OR CENTER BE
RENEWED, UNTIL THE OPERATOR THEREOF SHALL HAVE FILED NOTICE OF SUCH PROPOSED OR EXISTING SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER WITH THE CITY PLANNING COMMISSION AND THE COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILITY OR CENTER IS PROPOSED TO BE LOCATED OR IS LOCATED. SUCH NOTICE SHALL CONTAIN A DESCRIPTION OF THE SCOPE, NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS TO BE PROVIDED, THE SPECIF- IC ADDRESS OF THE FACILITY OR CENTER, THE NUMBER OF ANTICIPATED RESI- DENTS OR CLIENTS, THE ENTITIES THAT FINANCE ITS ESTABLISHMENT OR OPER- ATIONS, AND THE AMOUNT OF FINANCING ISSUED TO ESTABLISH AND OPERATE SUCH FACILITY OR CENTER STATED AS BOTH A SPECIFIC DOLLAR AMOUNT AND AS A PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED TO ESTABLISH AND OPER- ATE SUCH FACILITY OR CENTER. E. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS SECTION, THE CITY PLANNING COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER, OR THE CONTINUED OPERATION OF SUCH FACILITY OR CENTER UPON RENEWAL OF THE LEASE OR CONTRACT TO FINANCE ITS OPERATION, UPON THE COMMUNITY AND IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS IN THE AFFECTED COMMUNITY. SUCH IMPACT MAY INCLUDE AND RELATE TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL- ITY OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH LOCAL COMMUNITY. THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS, REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI- DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM AND MEASURES THAT MAY HELP TO MITIGATE AGAINST ANY ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH COMMUNITY. EVERY SUCH FORUM SHALL BE HELD UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD. F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE, TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS TO ESTAB- LISHING A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR THE LOCALLY IMPACTED COMMUNITY. SUCH FORUM LOCATION SHALL BE WITHIN REASONABLE PROXIMITY OF THE PROPOSED SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED. G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER HOLDING A COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID- ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE, MODIFY OR DENY AUTHORIZATION OR REAUTHORIZATION FOR THE LOCATION, ESTABLISHMENT OR CONTINUED OPERATION OF THE SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR CENTER. IF SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF TIME SUCH FACILITY OR CENTER IS AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH APPLICATION BE DENIED, THE SPONSOR OF SUCH APPLICATION SHALL BE PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR OPERATION OF SUCH FACILITY OR CENTER, OR ANY SIMILAR TYPE FACILITY OR CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL. H. THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION SHALL APPLY TO EVERY APPLICATION FOR THE CONTINUED OPERATION OF A SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION. NO
SUCH FACILITY OR CENTER SHALL CONTINUE TO OPERATE UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE COMPLIED WITH. S 2. This act shall take effect on the sixtieth day after it shall have become a law.

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