Bill Text: NY A05811 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes cities, towns and villages to establish mixed-use age-integrated communities by permitting the development of sites to combine residential units, commercial space and/or services for a multi-age population; 30% of such residential units shall be for persons 60 years of age or older, and at least 10% thereof shall be affordable by persons at 60% or less of the area median income; authorizes, cities, town and villages to grant incentives for the construction of such communities; grants a real property tax exemption for such housing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A05811 Detail]
Download: New_York-2019-A05811-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5811 2019-2020 Regular Sessions IN ASSEMBLY February 19, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, RIVERA, ABBATE, COLTON -- read once and referred to the Committee on Local Governments AN ACT to amend the general city law, the town law, the village law and the real property tax law, in relation to age integrated communities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative finding. The legislature finds that in many 2 areas of the state there is inadequate availability of affordable senior 3 citizen housing and/or housing integrated in communities with services 4 for seniors including transportation, shopping, community facilities and 5 residential neighborhoods. The housing inadequacy will get worse because 6 the number of New York citizens over 65 years of age will increase 40 7 per centum over the 30 years between 1995 and 2025. As a result, the 8 legislature finds that a senior citizen housing crisis exists. 9 Therefore, the legislature hereby finds and declares that it is neces- 10 sary for cities, towns and villages to foster housing opportunities for 11 seniors through zoning and planning actions. This may include, but not 12 be limited to, allowing mixed-use development with senior dwelling units 13 compatibly integrated and facilitating new mixed-use development includ- 14 ing planned unit developments within use and area requirements. 15 § 2. Subdivision 3 of section 28-a of the general city law is amended 16 by adding a new paragraph (d) to read as follows: 17 (d) "mixed-use age-integrated housing" shall mean the development or 18 redevelopment of single sites to combine residential units, commercial 19 space and/or services for a multi-age population. Provided, however, at 20 least thirty per centum of the total number of residential units shall 21 be for individuals who are sixty years of age or over and at least ten 22 per centum of the total number of residential units shall be affordable 23 to individuals at sixty per centum or less of the area median income. 24 § 3. Paragraph (h) of subdivision 4 of section 28-a of the general 25 city law, as amended by chapter 418 of the laws of 1995, is amended to 26 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09850-01-9A. 5811 2 1 (h) Existing housing resources and future housing needs, including, 2 but not limited to, affordable housing and housing for senior citizens 3 consistent with the goal of mixed-use age-integrated housing. 4 § 4. Section 28-a of the general city law is amended by adding a new 5 subdivision 14 to read as follows: 6 14. Mixed-use age-integrated housing incentive fund. In cases where 7 the city is approving a subdivision plat or site plan for five or more 8 residential units or a mixed-use development that incorporates five or 9 more residential units, the city may establish a program to provide 10 developers with incentives to develop mixed-use age-integrated housing. 11 Such program may include the following incentives, in addition to any 12 other incentives already provided in law. In exchange for a density 13 increase of at least ten per centum over the otherwise allowable density 14 ratio under the applicable zoning ordinance and comprehensive plan as of 15 the date of application by the developer, the city may require the 16 developer to provide the following: 17 (a) The set aside of at least ten per centum of the residential units 18 requested in the subdivision plat or site plan for mixed-use age-inte- 19 grated housing, or 20 (b) Upon a finding by the city that the set aside of mixed-use age- 21 integrated housing units would have a specific adverse impact upon 22 health, safety or the environment for which there is no feasible method 23 to satisfactorily mitigate or avoid the specific adverse impact, the 24 city may require the developer to pay a reasonable fee that shall 25 constitute a trust fund to be used exclusively by the city for providing 26 mixed-use age-integrated services such as, but not limited to, senior 27 transportation, home health care, home delivered meals, or respite care. 28 All fees collected by the city as provided in this section shall be kept 29 in trust separate and apart from all other moneys. Moneys in such trust 30 fund shall be deposited and secured in the manner provided by section 31 ten of the general municipal law. Pending expenditures from such trust 32 fund, moneys therein may be invested in the manner provided in section 33 eleven of the general municipal law. Any interest or capital gain real- 34 ized on the moneys so deposited or invested shall accrue to and become 35 part of such trust fund. 36 Prior to offering the incentives indicated in this subdivision, the 37 city shall adopt a local law specifying how they will implement this 38 incentive program, including provisions for how the density increase and 39 other incentives will be implemented. 40 § 5. Paragraph (b) of subdivision 1 of section 81-d of the general 41 city law, as added by chapter 247 of the laws of 1992, such section as 42 renumbered by chapter 208 of the laws of 1993, is amended and a new 43 paragraph (d) is added to read as follows: 44 (b) "Community benefits or amenities" shall mean open space, housing 45 for persons of low or moderate income, housing for persons age sixty or 46 older, parks, elder care, day care including adult day care, or other 47 specific physical, social, or cultural amenities, or cash in lieu there- 48 of, of benefit to the residents of the community authorized by the 49 legislative body of a city. 50 (d) "Mixed-use age-integrated housing" shall mean the development or 51 redevelopment of single sites to combine residential units, commercial 52 space and/or services for a multi-age population. Provided, however, at 53 least thirty per centum of the total number of residential units shall 54 be for individuals who are sixty years of age or over and at least ten 55 per centum of the total number of residential units shall be affordable 56 to individuals at sixty per centum or less of the area median income.A. 5811 3 1 § 6. Section 81-f of the general city law, as added by chapter 213 of 2 the laws of 2003, is amended to read as follows: 3 § 81-f. Planned unit development zoning districts. A city legislative 4 body, except in a city having a population of more than one million 5 persons, is hereby authorized to enact, as part of its zoning local law 6 or ordinance, procedures and requirements for the establishment and 7 mapping of planned unit development zoning districts. Planned unit 8 development district regulations are intended to provide for residen- 9 tial, commercial, industrial or other land uses, mixed-use age-integrat- 10 ed housing as defined in section eighty-one-d of this article or a mix 11 thereof, in which economies of scale, creative architectural or planning 12 concepts and open space preservation may be achieved by a developer in 13 furtherance of the city comprehensive plan and zoning local law or ordi- 14 nance. 15 § 7. Paragraph (b) of subdivision 1 of section 261-b of the town law, 16 as added by chapter 629 of the laws of 1991, is amended and a new para- 17 graph (d) is added to read as follows: 18 (b) "Community benefits or amenities" shall mean open space, housing 19 for persons of low or moderate income, housing for persons age sixty or 20 older, parks, elder care, day care including adult day care or other 21 specific physical, social or cultural amenities, or cash in lieu there- 22 of, of benefit to the residents of the community authorized by the town 23 board. 24 (d) "Mixed-use age-integrated housing" shall mean the development or 25 redevelopment of single sites to combine residential units, commercial 26 space and/or services for a multi-age population. Provided, however, at 27 least thirty per centum of the total number of residential units shall 28 be for individuals who are sixty years of age or over and at least ten 29 per centum of the total number of residential units shall be affordable 30 to individuals at sixty per centum or less of the area median income. 31 § 8. Section 261-c of the town law, as added by chapter 213 of the 32 laws of 2003, is amended to read as follows: 33 § 261-c. Planned unit development zoning districts. A town legislative 34 body is hereby authorized to enact, as part of its zoning local law or 35 ordinance, procedures and requirements for the establishment and mapping 36 of planned unit development zoning districts. Planned unit development 37 district regulations are intended to provide for residential, commer- 38 cial, industrial or other land uses, mixed-use age-integrated housing as 39 defined in section two hundred sixty-one-b of this article or a mix 40 thereof, in which economies of scale, creative architectural or planning 41 concepts and open space preservation may be achieved by a developer in 42 furtherance of the town comprehensive plan and zoning local law or ordi- 43 nance. 44 § 9. Subdivision 2 of section 272-a of the town law is amended by 45 adding a new paragraph (d) to read as follows: 46 (d) "mixed-use age-integrated housing" shall mean the development or 47 redevelopment of single sites to combine residential units, commercial 48 space and/or services for a multi-age population. Provided, however, at 49 least thirty per centum of the total number of residential units shall 50 be for individuals who are sixty years of age or over and at least ten 51 per centum of the total number of residential units shall be affordable 52 to individuals at sixty per centum or less of the area median income. 53 § 10. Paragraph (h) of subdivision 3 of section 272-a of the town law, 54 as amended by chapter 418 of the laws of 1995, is amended to read as 55 follows:A. 5811 4 1 (h) Existing housing resources and future housing needs, including, 2 but not limited to, affordable housing and housing for senior citizens 3 consistent with the goal of mixed-use age-integrated housing. 4 § 11. Section 272-a of the town law is amended by adding a new subdi- 5 vision 13 to read as follows: 6 13. Mixed-use age-integrated housing incentive fund. In cases where 7 the town is approving a subdivision plat or site plan for five or more 8 residential units or a mixed-use development that incorporates five or 9 more residential units, the town may establish a program to provide 10 developers with incentives to develop mixed-use age-integrated housing. 11 Such program may include the following incentives, in addition to any 12 other incentives already provided in law. In exchange for a density 13 increase of at least ten per centum over the otherwise allowable density 14 ratio under the applicable zoning ordinance and comprehensive plan as of 15 the date of application by the developer, the town may require the 16 developer to provide the following: 17 (a) The set aside of at least ten per centum of the residential units 18 requested in the subdivision plat or site plan for mixed-use age-inte- 19 grated housing, or 20 (b) Upon a finding by the town that the set aside of mixed-use age- 21 integrated housing units would have a specific adverse impact upon 22 health, safety or the environment for which there is no feasible method 23 to satisfactorily mitigate or avoid the specific adverse impact, the 24 town may require the developer to pay a reasonable fee that shall 25 constitute a trust fund to be used exclusively by the town for providing 26 mixed-use age-integrated services such as, but not limited to, senior 27 transportation, home health care, home delivered meals, or respite care. 28 All fees collected by the town as provided in this section shall be kept 29 in trust separate and apart from all other moneys. Moneys in such trust 30 fund shall be deposited and secured in the manner provided by section 31 ten of the general municipal law. Pending expenditures from such trust 32 fund, moneys therein may be invested in the manner provided in section 33 eleven of the general municipal law. Any interest or capital gain real- 34 ized on the moneys so deposited or invested shall accrue to and become 35 part of such trust fund. 36 Prior to offering the incentives indicated in this subdivision, the 37 town shall adopt a local law specifying how they will implement this 38 incentive program, including provisions for how the density increase and 39 other incentives will be implemented. 40 § 12. Paragraph b of subdivision 1 of section 7-703 of the village 41 law, as added by chapter 629 of the laws of 1991, is amended and a new 42 paragraph d is added to read as follows: 43 b. "Community benefits or amenities" shall mean open space, housing 44 for persons of low or moderate income, housing for persons age sixty or 45 older, parks, elder care, day care including adult day care or other 46 specific physical, social or cultural amenities, or cash in lieu there- 47 of, of benefit to the residents of the community authorized by the 48 village board of trustees. 49 d. "Mixed-use age-integrated housing" shall mean the development or 50 redevelopment of single sites to combine residential units, commercial 51 space and/or services for a multi-age population. Provided, however, at 52 least thirty per centum of the total number of residential units shall 53 be for individuals who are sixty years of age or over and at least ten 54 per centum of the total number of residential units shall be affordable 55 to individuals at sixty per centum or less of the area median income.A. 5811 5 1 § 13. Section 7-703-a of the village law, as added by chapter 213 of 2 the laws of 2003, is amended to read as follows: 3 § 7-703-a Planned unit development zoning districts. A village legis- 4 lative body is hereby authorized to enact, as part of its zoning local 5 law, procedures and requirements for the establishment and mapping of 6 planned unit development zoning districts. Planned unit development 7 district regulations are intended to provide for residential, commer- 8 cial, industrial or other land uses, mixed-use age-integrated housing as 9 defined in section 7-703 of this article or a mix thereof, in which 10 economies of scale, creative architectural or planning concepts and open 11 space preservation may be achieved by a developer in furtherance of the 12 village comprehensive plan and zoning local law. 13 § 14. Subdivision 2 of section 7-722 of the village law is amended by 14 adding a new paragraph (d) to read as follows: 15 (d) "mixed-use age-integrated housing" shall mean the development or 16 redevelopment of single sites to combine residential units, commercial 17 space and/or services for a multi-age population. Provided, however, at 18 least thirty per centum of the total number of residential units shall 19 be for individuals who are sixty years of age or over and at least ten 20 per centum of the total number of residential units shall be affordable 21 to individuals at sixty per centum or less of the area median income. 22 § 15. Paragraph (h) of subdivision 3 of section 7-722 of the village 23 law, as amended by chapter 418 of the laws of 1995, is amended to read 24 as follows: 25 (h) Existing housing resources and future housing needs, including, 26 but not limited to, affordable housing and housing for senior citizens 27 consistent with the goal of mixed-use age-integrated projects within 28 communities. 29 § 16. Section 7-722 of the village law is amended by adding a new 30 subdivision 13 to read as follows: 31 13. Mixed-use age-integrated housing incentive fund. In cases where 32 the village is approving a subdivision plat or site plan for five or 33 more residential units or a mixed-use development that incorporates five 34 or more residential units, the village may establish a program to 35 provide developers with incentives to develop mixed-use age-integrated 36 housing. Such program may include the following incentives, in addition 37 to any other incentives already provided in law. In exchange for a 38 density increase of at least ten per centum over the otherwise allowable 39 density ratio under the applicable zoning ordinance and comprehensive 40 plan as of the date of application by the developer, the village may 41 require the developer to provide the following: 42 (a) The set aside of at least ten per centum of the residential units 43 requested in the subdivision plat or site plan for mixed-use age-inte- 44 grated housing, or 45 (b) Upon a finding by the village that the set aside of mixed-use 46 age-integrated housing units would have a specific adverse impact upon 47 health, safety or the environment for which there is no feasible method 48 to satisfactorily mitigate or avoid the specific adverse impact, the 49 village may require the developer to pay a reasonable fee that shall 50 constitute a trust fund to be used exclusively by the village for 51 providing mixed-use age-integrated services such as, but not limited to, 52 senior transportation, home health care, home delivered meals, or 53 respite care. All fees collected by the village as provided in this 54 section shall be kept in trust separate and apart from all other moneys. 55 Moneys in such trust fund shall be deposited and secured in the manner 56 provided by section ten of the general municipal law. Pending expendi-A. 5811 6 1 tures from such trust fund, moneys therein may be invested in the manner 2 provided in section eleven of the general municipal law. Any interest or 3 capital gain realized on the moneys so deposited or invested shall 4 accrue to and become part of such trust fund. 5 Prior to offering the incentives indicated in this subdivision, the 6 village shall adopt a local law specifying how they will implement this 7 incentive program, including provisions for how the density increase and 8 other incentives will be implemented. 9 § 17. The real property tax law is amended by adding a new section 10 421-p to read as follows: 11 § 421-p. Mixed-use age-integrated housing exemption. Any county, city, 12 town, village or school district may by local law or in the case of a 13 school district by resolution, other than a school district to which 14 article fifty-two of the education law applies, after a public hearing 15 adopt the provisions of this section providing for an exemption for 16 senior citizen mixed-use age-integrated housing as defined in section 17 two hundred seventy-two-a of the town law. 18 Such local law, or in the case of a school district, such resolution, 19 may provide for the exemptions application to be limited to a specific 20 geographic area of such county, city, town, village or school district. 21 Such exemptions shall be computed upon the increase in value attribut- 22 able to the new construction, or in the case of reconstruction, to the 23 increase in value attributable to such reconstruction. 24 Such mixed-use age-integrated housing exemption shall be pursuant to 25 the following exemption schedule: 26 Year of exemption Percentage of exemption 27 1 50 28 2 50 29 3 50 30 4 40 31 5 30 32 6 20 33 7 10 34 8 10 35 9 10 36 10 5 37 § 18. The state office for the aging and the department of state 38 shall: 39 (a) prepare or cause to be prepared and made available to cities, 40 towns and villages model zoning and planning guidelines that foster 41 age-integrated communities including provisions to allow for accessory 42 senior citizen units in areas zoned for single family residences and for 43 mixed-use development accommodating senior citizen residential housing; 44 and 45 (b) make recommendations, in consultation with the division of housing 46 and community renewal, to the governor and legislature for assisting 47 mixed-use age-integrated housing development or redevelopment demon- 48 stration projects in urban, suburban and rural areas of the state. The 49 director of the state office for the aging and the secretary of state 50 shall establish an advisory committee for purposes of this section. Such 51 committee shall include, but not be limited to, top representatives of 52 local government, senior citizen organizations, developers, senior 53 service providers and planners. 54 § 19. This act shall take effect on the one hundred eightieth day 55 after it shall have become a law.
