Requires the New York city planning commission to hold a public community forum prior to approving the locating of hotels in the Bronx

Summary of specific provisions

Section 1: Adds a new section 25-111(d) to the Administrative Code of the City of New York that relates to powers of the New York City Planning Commission. Title 25 of the Administrative Code relates to City Planning and the powers that the Planning Commission possesses as it relates to city planning issues.

Under this proposal, before any "hotel" can be established in Bronx County, the hotel sponsor must file notice of such proposed hotel with the Planning Commission and the local community board.After such notice is filed, not less than 45 days nor more than 90 days after such notice filing, the City Planning Commission shall hold a public community forum to obtain public and community board input concerning the anticipated impact of such proposed hotel and the financial viability of such hotel so that it will not ultimately become a site that systematically condones illegal activities such as prostitution, illegal drug use or sale, or the fencing of stolen property.

For the purposes of this bill, a "hotel" means a building or portion thereof which is regularly used and kept open for the lodging of guests and which is located in Bronx County. Such term includes an apartment hotel, a motel, boarding house or club that contains 10 rooms or more, whether or not meals are served.

At such community forum, the Commission shall afford community members, neighborhood associations, and representatives of the community board, local businesses and residents a reasonable opportunity to speak about such proposal and how such proposal may affect such local community. In addition, the community can hear about and present information concerning the proposition that such hotel is or may potentially not be a financially viable project and that the possibility exists that if not financially viable, could become a place where prostitution or other illegal activities such as drug sales or use are conducted. Such notice must provide a detailed description of the proposed hotel's location, floor plans, architectural renderings, the building footprint on the building parcel, number of rooms to be let out to the public, and a financial plan that demonstrates such project's financial viability as a bona

fide hotel. Such financial plan shall demonstrate that such hotel can remain a bona fide hotel for the foreseeable future and will not become a hotel or building that condones, sanctions or allows criminal activities such as prostitution, the sale or use of illegal drugs or the fencing of stolen goods to be conducted on such premises.

The Planning Commission, in conducting such public community forum, shall consult with and obtain the consent of the local Bronx County community board as to where and when such forum is to be held to maximize the convenience to the local community to provide comments. Further, notice of such community forum shall be at least 20 days before the hearing date.

After such community forum is conducted, the City Planning Commission, in not less than 60 days nor more than 90 days, after due consideration of the comments provided at such forum, shall either approve or deny authorization for the location and establishment of such hotel. The Commission, in making its decision, shall pay particular attention to if such hotel can become and continue to be a economically viable bona fide hotel and not ultimately transformed into or converted into place that systematically condones or sanctions criminal activities, such as prostitution or illegal drug use or sales.

The City Planning Commission, in granting such approval for a hotel, may revoke, rescind, or conditionally suspend authorization to conduct any business, including its use as a hotel, if it has been demonstrated to the Commission that such hotel has systematically condoned, sanctioned, or allowed criminal activities, including, but not limited to prostitution, the sale or use of illegal drugs, or the fencing of stolen property on such premises.

Justification

With the possibility that hotels located in Bronx County may ultimately become economically unviable as bona fide hotels and then converted into hotels, or lodging establishments that condone, sanction or allow criminal activities such as prostitution, the sale or use of illegal drugs or the fencing of stolen property, it is important that members of the local community and representatives of the local community board receive notice of such proposed hotels. Further, that such persons have the opportunity to participate in a meaningful public forum in which they can express their support, opposition or concerns & suggested changes in the operation of such hotels before they are built

This bill, while understanding the need to establish new bona fide hotels to serve the residents of the Bronx in Bronx County, would like to foster the construction of bona fide financially viable hotels that will not ultimately become sites or lodging establishment that condone or sanction prostitution, illegal drug sales and use, or a forum to fence stolen goods. This is so that the potential adverse impacts associated with such hotels that fall on hard times will not be borne by residents of Bronx County nor increase criminal activity. The Planning Commission, pursuant to NYC Administrative Code sections 25-110 and 25-111 already has the authorization to regulate the height and bulk of buildings. Section 25-111 authorizes the Planning

Commission to regulate and restrict the location of trades and industries of buildings designed for specific uses. This bill merely specifies that such trades and industries must include hotels in Bronx County and that the locally impacted community be accorded due process so that they can comment on such hotels before they are established.

Legislative history

New Bill.

Fiscal implications

This bill does require for the conduct of meaningful public forums and this will have a fiscal impact on the operation of the NYC Planning Commission. As this proposal goes forward, the sponsor understands that the financing of such additional work will need to be paid for.

Effective date

This act shall take effect 60 days after it shall have become law.