Enacts the affordable rental housing siting act

3 Co-sponsors

• Ruben Diaz
• Liz Krueger
• John L. Sampson

Title of bill

An act to amend the private housing finance law, in relation to enacting the affordable rental housing siting act and providing for the repeal of such provisions upon expiration thereof

Purpose

To ensure that proposed affordable housing development are judged by a set of standards and ensure that those standards are equally applied when development decisions are made.

Summary of provisions

Creates a new Article 14 of the Private housing finance law to provide 1. Short Title: Affordable Rental Housing Siting Act; 2. Definitions; 3. Require that if an application for the construction of affordable rental housing is denied in a municipality whose population is at least 7,500 but not greater than 1 million, the denying locality shall be required to demonstrate that such denial protects the public interests in health, safety. environmental concerns, and such other matters as shall be in the public interest and that the development cannot be modified by reasonable changes to address those concerns; 4. These requirements only apply when the locality in question has at least ten percent or five percent or more of all rental dwelling units vacant.

Justification

Lack of affordable housing is a significant problem in many parts of this State. Unfortunately, there is a stigma in many areas that affordable housing will bring with it various problems. That stigma has resulted in opposition to the development of affordable housing in man areas. The Courts have consistently said that unfounded opposition is not enough to deny otherwise legal housing developments. However, the cost and expense of litigating often makes such efforts to appeal denials prohibitive. This legislation is intended to continue the rig of localities to deny inappropriately sited affordable housing developments but also to ensure that when a denial is made. such denial is made. Such denial is based on objective health, safety, and environmental factors.

Legislative history

A7009 of the 2007/08 Legislative Session A7425A of the 2005/06 Legislative Session

Fiscal implications

None.

Effective date

180 days after it shall have become a law and be deemed repealed January 1, 2020; provided, however that this act shall remain operative and continue In full force and effect with regard to any applications made to a municipality pursuant to this act prior to the repeal of such act.