Bill S6644-2011

Extends authorization to designate urban development action areas until June 30, 2015

Extends authorization to designate urban development action areas until June 30, 2015.

Details

Actions

  • Jun 18, 2012: SUBSTITUTED BY A10158
  • Jun 12, 2012: ADVANCED TO THIRD READING
  • Jun 11, 2012: 2ND REPORT CAL.
  • Jun 6, 2012: 1ST REPORT CAL.1119
  • Mar 7, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Jun 6, 2012
Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

Memo

BILL NUMBER:S6644

TITLE OF BILL: An act to amend the general municipal law, in relation to urban development action areas

SUMMARY OF PROVISIONS: Existing provisions of Article 16 of the General Municipal Law permit expedited land use review under Urban Development Action Area Project (UDAAP) for low income residential rental developments for seniors and the disabled that are funded by the federal government (commonly known as Section 202 and Section 811 housing) until June 30, 2012. This bill would continue to allow Section 202 and Section 811 housing units to be subject to the UDAAP accelerated review process until June 30, 2015.

REASONS FOR SUPPORT: This bill would strongly assist in the development of federally financed housing for low-income elderly and disabled persons by continuing to make such developments eligible for expedited land use review. Under Section 202, the Supportive Housing for the Elderly Program, and Section 811, the Supportive Housing Program for Persons with Disabilities, not for profit sponsors purchase City owned land and construct new multiple dwellings with financing from the United States Department of Housing and Urban Development (HUD). The completed buildings provide rental housing for elderly or disabled persons of low income and receive operating subsidies from HUD. Since 2002, HUD has financed over 2,800 units of Section 202 and Section 811 housing in New York City. Over 95% of these units were allocated to the low income elderly, and the majority are located in areas of Brooklyn and the Bronx where the demand was greatest for this desperately needed, but scarce, housing resource.

As a general rule, the sale of City-owned land for such projects is subject to the Uniform Land Use Review Procedure (ULURP), which can take as long as 11 months to complete and delays the availability of affordable housing for these vulnerable populations. Expedited land use review under the UDAAP provisions in Article 16 of the General Municipal Law, however, can take as little as 150 days. For federally funded Section 202 and Section 811 developments, the difference between getting approval in 150 days compared to 11 months can be significant. Once the competitive funding for these HUD developments are allocated, the timeframes for completion cannot be renegotiated. A lengthy approval processes can quickly result in rising costs, requiring the City to find additional funds from other sources, exceedingly scarce in this fiscal environment, to cover the delay-caused overruns. This, in turn, stretches out the development process even longer. Continuing to allow land use review of Section 202 and Section 811 developments to proceed under UDAAP shortens the approval process while still maintaining the City Council's full land

use review authority, and will help to ensure the timely and successful completion of these important housing developments.

The ability to accelerate the land use approval process of these developments will sunset on June 30, 2012. This legislation extends such date until June, 30, 2015. No more than 6 such developments annually will be subject to this expedited land use process and developments subject to this authority cannot exceed 90 dwelling units.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6644 IN SENATE March 7, 2012 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to urban develop- ment action areas THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 693 of the general municipal law, as amended by chapter 197 of the laws of 2009, is amended to read as follows: S 693. Area designation. An urban development action area shall by resolution be designated by the governing body, or by the commission where so authorized to act by the governing body, on its own initiative or upon recommendation of the agency, provided at least sixty percent of such area is an eligible area. Any such designation shall be in conform- ance with the standards and procedures required for all land use deter- minations pursuant to general, special or local law or charter. Provided, however, that if a proposed urban development action area project is to be developed on an eligible area and consists solely of the rehabilitation or conservation of existing private or multiple dwellings or the construction of one to four unit dwellings or, until June thirtieth, two thousand [twelve] FIFTEEN, for up to six urban development action area projects in any calendar year, the construction of up to ninety dwelling units financed by the federal government and restricted to occupancy by the elderly or by persons with disabilities without any change in land use permitted by local zoning, the governing body, or the commission where so authorized to act by the governing body, may waive the area designation requirement. S 2. Subdivision 5 of section 694 of the general municipal law, as amended by chapter 197 of the laws of 2009, is amended to read as follows: 5. Any approval of an urban development action area project shall be in conformance with the standards and procedures required for all land use determinations pursuant to general, special or local law or charter. In a city having a population of one million or more, the governing body may require that the agency incorporate into the project any or all of
the following: (i) the proposed number of residential units; (ii) wheth- er such units are home ownership units, rental units or condominium or cooperative units; (iii) a best estimate of the initial rents or selling prices for such units; (iv) the proposed income restrictions, if any, on renters or purchasers of such units; and (v) the basis on which the consideration for the sale or lease of the property is to be determined. Provided, however, that if the proposed urban development action area project consists solely of the rehabilitation or conservation of exist- ing private or multiple dwellings or the construction of one to four unit dwellings or, until June thirtieth, two thousand [twelve] FIFTEEN, for up to six urban development action area projects in any calendar year, the construction of up to ninety dwelling units financed by the federal government and restricted to occupancy by the elderly or by persons with disabilities without any change in land use permitted by local zoning, the governing body, or the commission where so authorized to act by the governing body, may waive any such standards and proce- dures required by local law or charter. S 3. Paragraph (d) of subdivision 6 of section 695 of the general municipal law, as amended by chapter 197 of the laws of 2009, is amended to read as follows: (d) Notwithstanding any standards or procedures established for land disposition by general, special or local law or charter, if an urban development action area project is to be developed on an eligible area and consists solely of the rehabilitation or conservation of existing private or multiple dwellings or the construction of one to four unit dwellings or, until June thirtieth, two thousand [twelve] FIFTEEN, for up to six urban development action area projects in any calendar year, the construction of up to ninety dwelling units financed by the federal government and restricted to occupancy by the elderly or by persons with disabilities without any change in land use permitted by local zoning, a municipality may dispose of the real property constituting such urban development action project to any person, firm, or corporation qualified pursuant to this subdivision by resolution of its governing body or, in any city having a population of one million or more, by action of the mayor, provided that such disposition is in accordance with the require- ments of this subdivision. Disposition of real property acquired by condemnation shall be in accordance with the requirements of section four hundred six of the eminent domain procedure law, if applicable. 4. This act shall take effect immediately.

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