Bill S5597-2013

Relates to the sale, lease or other disposition of property of the city, NYC department of education, NYC educational construction fund, NYC school construction authority and NYC housing authority

Relates to the sale, lease or other disposition of property of the city, New York city department of education, New York education construction fund, school construction authority and New York city housing authority; requires all disposition to be subject to New York city's uniform land use review procedure and requires prior notification and community consultation.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • May 24, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S5597

TITLE OF BILL: An act relating to the sale, lease or other disposition of property of the New York city department of education, New York city educational construction fund, New York city school construction authority, and New York city housing authority

PURPOSE: To ensure greater involvement by local officials and community stakeholders on any proposed disposition of public lands by local authorities and municipal education agencies

SUMMARY OF PROVISIONS:

Section one requires the New York City Department of Education, New York City Educational Construction Fund, New York.'City School. Construction Authority, and New York City Housing Authority to adhere to the provisions of article 16 of the general municipal law, Urban Development Action Area Act.

Mandates that any disposition of public lands or buildings by the New York City Department of Education, New York City Educational Construction Fund, New York City School Construction Authority, and New York City Housing Authority must go through the New York City's Uniform, Land Use Review Procedure in addition to Urban Development Action Area. Act.

Section two sets forth the effective date.

JUSTIFICATION: Recently, New York City's Department of Education (DOE) and the New York City Housing Authority (NYCHA) solicited proposals to sell, lease, exchange or otherwise dispose of public lands to private developers. These proposals have been devoid of any meaningful community input or consideration of neighborhood needs. In recent months, parents, neighbors, and community stakeholders have been met with walls of silence from city agencies and a dearth of information on the future of their neighborhoods.

For example, in November 2.012, many parents, neighbors, and community stakeholders were surprised to learn that the New York City Department of Education had began engaging developers to potentially demolish and build on the sites of Manhattan's Upper West Side P.S. 199 and P.S. 191, and the Upper East Side's school of Cooperative Technical Education without first consulting the community. Only after a parent found a Request for Expressions of Interest (RFEI) for developers in a November 2012 issue of Crain's did DOB even acknowledge it was considering development.

In March 2013, New York City's Housing Authority announced plans to lease public lands within existing developments to private developers. This plan, known as the "infill program," would systematically replace community centers, parking lots, playgrounds, and open space for market-rate and below market-rate apartment units. Despite being required under Section 18 of the - Housing Act of 1937 to obtain community support for its deposition proposal, NYCHA has consistently kept the community in the dark.

In spite of repeated calls by local elected officials, community boards, and concerned residents, NYC DOE and NYCHA plan to move forward with their development plans without any meaningful community input. Clearly, there is a tremendous need to ensure greater input at the early stages of any development plans that involve public assets. This legislation would require any disposition of public lands or buildings to be subject to the provisions of both the Urban Development Action Area Act (UDAA) and New York City's Uniform land Use Review Procedure (ULURP). Both these processes are important evaluation tools that would allow for greater public input in all aspects of proposed land use projects. By requiring UDAA and ULURP in cases involving public-private redevelopment of public lands, we can ensure that a robust public process, involving community boards, the borough boards, elected officials, the city council and the general public are incorporated from inception to completion.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5597 2013-2014 Regular Sessions IN SENATE May 24, 2013 ___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT relating to the sale, lease or other disposition of property of the New York city department of education, New York city educational construction fund, New York city school construction authority, and New York city housing authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 1. Notwithstanding any law, rule or regulation to the contrary, ninety days prior to the issuance or execution of a request for proposal, any letters of intent or request for expressions of inter- est for any sale, lease, exchange or other disposition of land or build- ings, the New York city housing authority, the New York city department of education, the New York city educational construction fund, and the New York city school construction authority shall provide advance notice of all preliminary and final plans related to the use, development or improvement of land subject to city land-use regulation to the affected community board or boards and the office of the affected borough presi- dent. 2. Notwithstanding any law, rule or regulation to the contrary, sixty days prior to the issuance or execution of request for proposal or request for expressions of interest for any sale, lease, exchange or other disposition of land or buildings, the New York city housing authority, the New York city department of education, the New York city educational construction fund, and the New York city school construction authority shall conduct a public hearing review process in consultation with the affected community board or boards and the office of the affected borough presidents. 3. Notwithstanding any law, rule or regulation to the contrary, in addition to complying with the provisions of this section, any sale, lease, exchange or other disposition of land or buildings of the New
York city housing authority, the New York city department of education, the New York city educational construction fund, and the New York city school construction authority shall be subject to and shall comply with the provisions of New York city's uniform land use review procedure. S 2. This act shall take effect immediately.

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