Creates council on affordable housing within executive department and requires comprehensive planning and construction of low and moderate income housing

BILL NUMBER:S681A

Title of bill

An act to amend the executive law, the public housing law, the town law, the village law and the general city law, in relation to creation of a fair share housing act

Summary of provisions

This bill provides for the:

-Creation of a Council on Affordable Housing within the Executive Department and provides for the organization and duties thereof

-Submission of a fair share housing plan by each municipality.

-Transfer of up to 25% of a municipality's fair share obligation with another municipality within a housing region, via a regional contribution agreement.

-Mediation and review by the Council, including the jurisdiction of litigation and presumption of validity.

-Division of Housing and Community Renewal, the Housing Finance Agency, the State of New York Mortgage Agency, the Urban Development Corporation, and the Department of Social Services to the extent practicable and consistent with existing statutes and regulations, seek to award grants, loans, payments or subsidies to those municipalities whose housing elements have received substantive certification, or who have an approved regional contribution agreement.

-Phase-in of fair share housing elements.

-Annual reports by the Council.

This bill also provides that no municipality may enact any zoning regulation which would inhibit or make economically infeasible the development of affordable housing, and provides that such regulations be enacted with regard to the general welfare of the regional community.

Effects of present law which this bill would alter

Amends section 31 of the Executive Law by adding a new subdivision 11. Such law is further amended by adding a new article 12-A. Amends the Public Housing Law by further adding a new article XII, amends sections 261, 263, and 282 of the Town Law, sections 7-700, 704, & 740 of the Village Law, and subdivision 24 and 25 of section 20 of the General City Law.

Justification

Throughout New York State, tens of thousands of families and senior citizens (of low and moderate incomes), are on waiting lists for affordable housing. Yet many private housing developers cannot meet their needs because excessive government regulations by many towns and villages have made such housing development unprofitable. Hence, many urban municipalities have had to provide a disproportionate and

unfair share of such housing for the people in their greater metropolitan housing regions. Further, the federal Department of Housing and Urban Development has, in some cases, insisted that funding for such housing only be appropriated for suburban and exurban development.

Legislative history

2009-2010: S.4454 2007-2008: A.792

Fiscal implications for state and local governments

Limited to administrative costs.

Effective date

This act shall take effect 180 days after it shall have become a law.