Bill Text: NY A00951 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the executive law, in relation to authorizing certain developers to waive specific requirements under a municipal housing or building code

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to governmental operations [A00951 Detail]

Download: New_York-2009-A00951-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          951
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. McDONOUGH, RAIA -- Multi-Sponsored by -- M. of A.
         KOLB  -- read once and referred to the Committee on Governmental Oper-
         ations
       AN ACT to amend the executive law, in relation  to  authorizing  certain
         developers to waive specific requirements under a municipal housing or
         building code
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 384 to
    2  read as follows:
    3    S 384. AFFORDABLE HOUSING CONSTRUCTION STIMULATION  PROGRAM.  1.    IN
    4  ORDER TO FACILITATE THE CONSTRUCTION AND REHABILITATION OF MORE AFFORDA-
    5  BLE ONE AND TWO FAMILY RESIDENTIAL DWELLINGS AND MULTIPLE DWELLINGS, THE
    6  COMMISSIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL SHALL BE EMPOWERED TO
    7  WAIVE SPECIFIC REQUIREMENTS WHICH A DEVELOPER MUST MEET UNDER A  MUNICI-
    8  PAL  HOUSING  OR  BUILDING  CODE,  ONLY IF SUCH COMMISSIONER DETERMINES,
    9  AFTER A REVIEW OF THE CONSTRUCTION OR REHABILITATION PLANS AND MUNICIPAL
   10  CODE REQUIREMENTS, THAT WAIVING THE REQUIREMENTS:  WOULD NOT AFFECT  THE
   11  HEALTH  AND SAFETY OF THE OCCUPANTS; AND THAT A COST SAVINGS OF AT LEAST
   12  ONE PERCENT WOULD RESULT.
   13    2. IN ORDER TO IMPLEMENT THE AUTHORITY GRANTED UNDER THIS SECTION, THE
   14  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL:
   15    (A) ESTABLISH A  PROCEDURE  UNDER  WHICH  BUILDERS  OR  DEVELOPERS  OF
   16  AFFORDABLE  ONE AND TWO FAMILY RESIDENTIAL DWELLINGS AND MULTIPLE DWELL-
   17  INGS MAY APPLY TO THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL  FOR
   18  A WAIVER AS PROVIDED UNDER THIS SECTION;
   19    (B)  ESTABLISH  FEES TO BE PAID BY THE APPLICANT TO BE USED TOWARD THE
   20  ADMINISTRATION OF THIS PROGRAM;
   21    (C) ESTABLISH PROCEDURES TO BE USED BY THE COMMISSIONER OF HOUSING AND
   22  COMMUNITY RENEWAL IN  REVIEWING  MUNICIPAL  BUILDING  AND  HOUSING  CODE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01411-01-9
       A. 951                              2
    1  REQUIREMENTS AS THEY RELATE TO A SPECIFIC CONSTRUCTION OR REHABILITATION
    2  PLAN  IN  ORDER TO MAKE A DECISION WITH RESPECT TO WAIVING THE MUNICIPAL
    3  REQUIREMENTS AS PROVIDED BY THIS SECTION.
    4    3. WHERE A WAIVER OF ANY MUNICIPAL BUILDING OR HOUSING CODE IS GRANTED
    5  BY  THIS  SECTION,  THE  COST  SAVINGS PER HOUSING UNIT REFLECTED BY THE
    6  WAIVER SHALL BE GUARANTEED UNDER SEPARATE CONTRACT BETWEEN  THE  BUILDER
    7  OR  DEVELOPER  AND  THE  MUNICIPALITY  IN  WHICH  THE  PROJECT  IS BEING
    8  CONSTRUCTED OR REHABILITATED, AND THIS SHALL ALSO BE A CONDITION FOR THE
    9  GRANTING OF THE BUILDING PERMIT WHERE APPLICABLE.  SUCH  CONTRACT  SHALL
   10  GUARANTEE  A  COST SAVINGS OF AT LEAST ONE PERCENT OF THE PURCHASE PRICE
   11  PER HOUSING UNIT.
   12    S 2. This act shall take effect immediately.