Bill S4641-2013

Requires that any disposition of land or buildings by the New York City Housing Authority be subject to and comply with the provisions of New York City's Uniform Land Use Review Procedure

Requires that any disposition of land or buildings by the New York City Housing Authority be subject to and comply with the provisions of New York City's Uniform Land Use Review Procedure.

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  • Jan 8, 2014: REFERRED TO CITIES
  • Apr 16, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S4641

TITLE OF BILL: An act to require that any disposition of land or buildings by the New York City Housing Authority be subject to and comply with the provisions of New York City's Uniform Land Use Review Procedure

SUMMARY OF PROVISIONS:

Section One of the bill creates the short title the "NYCHA real property public review act."

Section Two states that notwithstanding any law, rule or regulation to the contrary, any disposition of land or buildings by the New York City Housing Authority shall be subject to and shall comply with the provisions of New York City's Uniform Land Use Review Procedure in addition to the provisions of section 18 of the U.S. Housing Act of 1937.

EXISTING LAW: New law.

JUSTIFICATION: The "NYCHA Real Property Public Review Act" requires that any disposition of land or buildings by the New York City Housing Authority (NYCHA) be subject to New York City's Uniform Land Use Review Procedure (ULURP), the same review process that all city agencies must adhere to when redeveloping public land. This legislation will help to ensure that public housing residents and the broader communities of which they are a part can help shape the future of their neighborhoods through a fair and transparent process It will also enable public housing residents to avail themselves of the same community planning infrastructure resources that residents of private housing use to evaluate and weigh in on major land use actions.

Currently, disposition of New York City-owned land--whether through sale, lease or exchange--is subject to ULURP; however, NYCHA is exempt from this rule Instead, the public review process for disposition of this Authority's land--including infill development--is governed by Section 18 of the U S. Housing Act of 1937, which was generically designed to apply to public housing communities throughout the nation and does not take into account additional considerations that are desirable in New York City's dense urban environment. ULURP is a far more rigorous process, as befits a city with such high density. Crucially, it requires applicants to prepare environmental impact studies and authorizes Community Boards and Borough Presidents to hold public hearings and make non-binding recommendations. Finally, applications are subject to binding approval by the City Planning Commission and the City Council, both of which hold their own public hearings before issuing determinations.

There is a clear need for legislative action. According to an August 2008 report by Manhattan Borough President Scott Stringer entitled "Land Rich, Pocket Poor," there are 30.5 million square feet of unused development rights in NYCHA developments throughout Manhattan alone. In early 2013, NYCHA announced it was targeting fourteen sites in eight Manhattan public housing developments with such air rights for infill development to raise revenue and help close gaps in its capital budget.

Despite calls by residents, elected officials and other community stakeholders for full transparency and accountability, NYCHA's initial plans for engaging public input on infill development were woefully inadequate. Indeed, the only engagement slated to be complete before NYCHA's issuance of Requests for Proposals was through so--called resident engagement meetings conducted in cramped community rooms and without the benefit of a formal process for input. Moreover, the public engagement process suffered from poor public outreach about the meetings and incomplete information about NYCHA's proposals.

Privatizing publicly-owned land in principle requires robust public deliberation and consultation, which is why the disposition of property by every other New York City agency is subject to ULURP. The "NYCHA Real Property Public Review Act" would bring NYCHA in line with these other agencies and ensure that residents and other community stakeholders have meaningful opportunities to provide input and recommendations.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Minimal

LOCAL FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4641 2013-2014 Regular Sessions IN SENATE April 16, 2013 ___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to require that any disposition of land or buildings by the New York City Housing Authority be subject to and comply with the provisions of New York City's Uniform Land Use Review Procedure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "NYCHA real property public review act". S 2. Notwithstanding any law, rule or regulation to the contrary, any disposition of land or buildings by the New York City Housing Authority shall be subject to and shall comply with the provisions of New York City's Uniform Land Use Review Procedure in addition to the provisions of section 18 of the U.S. Housing Act of 1937. S 3. This act shall take effect immediately.

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