Create Affordable Housing Council

Section 1. Section 31 of the executive law is amended by adding a new subdivision 11 to read as follows:

11. Council on affordable housing.

§ 2. The executive law is amended by adding a new article 13-B to read as follows:

ARTICLE 13-B

COUNCIL ON AFFORDABLE HOUSING Section 268. Council on affordable housing.

§ 268. Council on affordable housing. The chairperson of the council on affordable housing appointed pursuant to the provisions of article twelve-A of the public housing law, shall be the head of the council on affordable housing and shall have and exercise all the functions, powers and duties vested in him or her by such article or any other provision of law. The chairperson of the council on affordable housing shall receive a salary to be fixed by the governor within the amount appropriated therefor.

§ 3. The public housing law is amended by adding a new article 12-A to read as follows:

ARTICLE XII-A

FAIR SHARE HOUSING ACT Section 320. Short title.

321. Legislative findings.

322. Legislative declarations and intention.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00109-01-7

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323. Definitions.

324. Council on affordable housing; creation.

325. Council on affordable housing; organization.

326. Council on affordable housing; duties.

327. Procedural rules.

328. Notice of intent to submit fair share housing plan.

329. Housing element of municipality.

330. Housing element; provision of low and moderate income hous-

ing.

331. Regional contribution agreement.

332. Certification of housing element.

333. Review of petition.

334. Mediation and review process by council.

335. Jurisdiction of litigation.

336. Presumption of validity of approved housing element.

337. Obligation to exhaust remedies.

338. Failure of council to complete review process in timely

manner.

339. State affordable housing programs.

340. Municipality with settlement in exclusionary zoning liti-

gation.

341. Phase-in of obligation for fair share of low and moderate

income housing; order of court.

342. Purchase, lease or acquisition by gift of real property.

343. Annual report of council.

§ 320. Short title. This article shall be known and may be cited and referred to as the "fair share housing act".

§ 321. Legislative findings. The legislature hereby finds it to be in the interests of the general welfare of the regional communities of New York state to increase to the maximum extent possible and feasible the opportunities for all residents to secure, consistent with their choice and means, adequate housing in a safe and healthy environment, within convenient access to their places of employment and to necessary community facilities.

The legislature finds that discriminatory and exclusionary zoning regulations enforced in municipalities throughout the state deny large numbers of citizens of this state access to adequate and decent housing accommodations. The legislature further finds that such zoning abuses hinder the development of rational regional planning and growth; discriminate against persons of moderate and low income; inhibit the economic opportunities of private developers by directly making unprofitable the construction of low and moderate income housing; and create an inequitable distribution of costs to local areas for providing services to citizens of this state.

The legislature therefore declares it to be the objective and policy of the state to prohibit local zoning regulations which are discriminatory or exclusionary in purpose or effect, in order to encourage greater diversity and a better distribution of housing opportunities throughout the state.

§ 322. Legislative declarations and intention. The legislature declares that the statutory scheme set forth in this article is in the public interest in that it comprehends a low and moderate income housing planning mechanism in accordance with regional considerations and sound planning concepts. The legislature declares that the state's preference for resolution of existing and future disputes involving exclusionary zoning is the mediation and review process created in this article and

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not litigation, and that it is the intention of this article to provide a legislative solution for achieving fair share housing.

§ 323. Definitions. For the purposes of this article the following words and phrases shall have the following meanings, unless a different meaning clearly appears from the context:

1. "Conversion" means the conversion of existing commercial, industrial or residential structures for low and moderate income housing purposes where a substantial percentage of the housing units are provided for a reasonable income range of low and moderate income households.

2. "Council" means the council on affordable housing established in section three hundred twenty-four of this article, which shall have primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations within the state.

3. "Development" means any development of real property for which permission may be required pursuant to local zoning ordinances.

4. "Division" means the division of housing and community renewal created by section ten of this chapter.

5. "Exclusionary zoning litigation" means actions or proceedings brought in a court of competent jurisdiction challenging a municipality's zoning and land use ordinances on the basis that such ordinances do not make realistically possible the opportunity for an appropriate variety and choice of housing for all categories of people living within the municipality's housing region, including those of low and moderate income, who may desire to live in the municipality.

6. "Housing region" means a geographic area of not less than two nor more than five contiguous, whole counties which exhibit significant social, economic and income similarities, and which constitute to the greatest extent practicable the primary metropolitan statistical areas as last defined by the United States Census Bureau prior to the effective date of this article.

7. "Inclusionary development" means a residential housing development in which a substantial percentage of housing units are provided for a reasonable income range of low and moderate income households.

8. "Low income housing" means housing which is affordable according to the federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to fifty percent or less of the median gross household income for households of the same size within the housing region in which the housing is located.

9. "Moderate income housing" means housing which is affordable according to the federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than fifty percent but less than eighty percent of the median gross household income for households of the same size within the housing region in which the housing is located.

10. "Prospective need" means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or municipality as a result of actual determination of public and private entities. In determining prospective need, consideration shall be given to approvals of development applications, real property transfers and economic projections.

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11. "Resolution of participation" means a resolution adopted by a municipality in which the municipality prepares a fair share plan and housing element pursuant to this article.

§ 324. Council on affordable housing; creation. 1. There shall be established within the executive department, a council on affordable housing to consist of nine members appointed by the governor; of whom four shall be elected public officers representing interests of local government, one of whom shall be representative of an urban municipality having a population in excess of seventy-five thousand persons and a population density in excess of three thousand persons per square mile, one of whom shall be representative of the interests of county government, one of whom shall be representative of the interests of town government, and one of whom shall be representative of the interests of village government; four shall represent the interests of households in need of low and moderate income housing, at least one of whom shall represent the interests of the builders of low and moderate income housing, and shall have an expertise in land use practices and housing issues; and one shall be the commissioner, serving ex officio. The membership shall be balanced to the greatest extent practicable among the various housing regions of the state.

2. The non ex officio members shall serve for terms of six years, except that of the members first appointed, three shall serve for terms of four years, three for terms of five years, and three for terms of six years. All members shall serve until their respective successors are appointed and shall have qualified. Vacancies shall be filled in the same manner as the original appointments, but for the remainders of the unexpired terms only.

3. The members, excluding the commissioner, shall be compensated at a rate to be determined by the governor and all members shall be reimbursed for all necessary expenses incurred in the discharge of their lawful duties.

4. The governor shall nominate the members within thirty days of the effective date of this article and shall designate a member to serve as chairperson throughout the member's term of office and until his or her successor shall have been appointed and qualified.

5. Any member may be removed from office by the governor for misconduct in office, willful neglect of duty, or other conduct evidencing unfitness for the office, or for incompetence. A member or employee of the council shall automatically forfeit his office or employment upon conviction of any crime.

§ 325. Council on affordable housing; organization. 1. The council may establish, and from time to time alter, such plan of organization as it may deem expedient, and may incur expenses within the limits of funds available to it.

2. The council shall elect annually by a majority of its members one of its members, other than the chairperson, to serve as vice-chairperson for a term of one year and until his or her successor is elected. The vice-chairperson shall carry out all of the responsibilities of the chairperson as prescribed in this article during the chairperson's absence, disqualification or inability to serve.

3. The council shall appoint and fix the salary of an executive director who shall serve at its pleasure. The council may employ such other personnel as it deems necessary. The council may employ legal counsel who shall represent it in any proceeding to which it is a party, and who shall render legal advice to the council. The council may contract for

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the services of other professional, technical and operational personnel and consultants as may be necessary to the performance of its duties.

§ 326. Council on affordable housing; duties. It shall be the duty of the council, six months after the confirmation of the last member initially appointed to the council and from time to time thereafter, to:

1. determine housing regions of the state;

2. estimate the present and prospective need for low and moderate income housing at the state and regional levels;

3. adopt criteria and guidelines for:

a. determination by the council of each municipality's present and prospective fair share of the housing need in a given region; and

b. phasing of present and prospective fair share housing requirements pursuant to section three hundred forty-one of this article;

4. provide population and household projections for the state and housing regions; or

5. may in its discretion, place a limit, based on a percentage of existing housing stock in a municipality and any other criteria including employment opportunities which the council deems appropriate, upon the aggregate number of units which may be allocated to a municipality as its fair share of the region's present and prospective need for low and moderate income housing.

In carrying out the above duties, including, but not limited to, present and prospective need estimations, the council shall give appropriate consideration to pertinent research studies, government reports, decisions of other branches of government and public comment. The council shall develop procedures for periodically adjusting regional need based upon the low and moderate income housing that is provided in the region through any federal, state, municipal or private housing program.