Bill Text: NY S07968 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to designating blighted property and blighted areas; establishes criteria for designation; provides definition of blighted property and blighted areas; amends definition of substandard or insanitary area by removing the words "slum" and "deteriorated or deteriorating".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-14 - REFERRED TO JUDICIARY [S07968 Detail]

Download: New_York-2017-S07968-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7968
                    IN SENATE
                                     March 14, 2018
                                       ___________
        Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the eminent domain procedure law, in relation to  desig-
          nating  blighted  property  and  blighted areas; to amend the New York
          state urban development corporation act, in relation to the definition
          of blight and substandard or insanitary area; and to amend the general
          municipal law and the New York state urban  development  and  research
          corporation act, in relation to substandard and insanitary areas
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 103 of the eminent domain procedure law is  amended
     2  by adding a new subdivision (H) to read as follows:
     3    (H)  "Blighted  property"  and  "blighted area" means property that is
     4  declared blighted under section two hundred four-a of this chapter.
     5    § 2. Subdivision (B) of section 204 of the  eminent  domain  procedure
     6  law is amended by adding a new closing paragraph to read as follows:
     7    A  condemnor shall not take action against a property or area when the
     8  public use, benefit, or purpose to be  served  by  the  proposed  public
     9  project  is to remedy blight, unless such property or area satisfies the
    10  definition of "blighted property or blighted area" as defined by section
    11  two hundred four-a of this article.   The condemnor shall  include  such
    12  findings  in its determination and findings pursuant to this subdivision
    13  in order to take action against an area or property to remedy blight.
    14    § 3. The eminent domain procedure law  is  amended  by  adding  a  new
    15  section 204-a to read as follows:
    16    §  204-a.  Blighted  property  and  blighted areas. (A) Subject to the
    17  exceptions listed in paragraph two of subdivision (B) of  this  section,
    18  any single property may be declared blighted if:
    19    (1)  (a)  (I)  The property is unfit for human habitation due to iden-
    20  tifiable conditions that endanger the life, health  and  safety  of  the
    21  owners,  occupants,  or  general public.   Conditions rendering property
    22  unfit for human habitation include, but are not limited  to,  structural
    23  defects,   dilapidation,   deterioration,   vermin  infestation,  health
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06332-01-7
        S. 7968                             2
     1  hazards, fire hazards, lack  of  proper  sanitary  facilities,  obsolete
     2  systems of utilities, or inadequate maintenance; or
     3    (II) The property has deteriorated to the point where:
     4    1.  the  building is structurally unsound or poses an immediate threat
     5  to life or other property; or
     6    2. the cost of rehabilitation significantly exceeds the post-rehabili-
     7  tation market value.
     8    (b) The owner fails to remedy subparagraph (a) of this paragraph with-
     9  in a reasonable time after receiving notice of violation by  the  appro-
    10  priate governing body requiring the owner to:
    11    (I)  rehabilitate the building to conform to minimum code habitability
    12  requirements; or
    13    (II) demolish the building for health and safety reasons.
    14    (2) The property is abandoned. Property shall be deemed abandoned if:
    15    (a) Property is unoccupied and has been tax delinquent  for  at  least
    16  two years; or
    17    (b)  A  building  is  unoccupied by the owner or tenants, is unfit for
    18  human habitation, and has deteriorated to the point where:
    19    (I) The building is structurally unsound or poses an immediate  threat
    20  to life or other property; or
    21    (II) The cost of rehabilitation significantly exceeds the post-rehabi-
    22  litation market value; and
    23    (III)  The  owner  is unknown or the owner fails to respond within six
    24  months to a violation notice from the appropriate governing body requir-
    25  ing the owner to:
    26    1. rehabilitate  the  building  to  conform  to  minimum  habitability
    27  requirements; or
    28    2. demolish the building for health and safety reasons.
    29    (3) A vacant lot on which a building has been demolished and for which
    30  a municipal lien for demolition costs remains unpaid for six months.
    31    (4)  Property  that  is environmentally contaminated requiring remedi-
    32  ation for current or future use under state or federal law, if the owner
    33  fails to remedy the problem within six months  of  receiving  notice  of
    34  violation from the appropriate governing body.
    35    (5)  A  premises  which,  because  of  physical  condition  or use, is
    36  regarded as a public nuisance at common  law  or  has  been  declared  a
    37  public nuisance under a statute or an applicable municipal code, and the
    38  owner  fails to abate the nuisance within six months of receiving notice
    39  of violation from the appropriate governing body.
    40    (6) Defective or unusual conditions of title that make the free trans-
    41  fer or alienation of the property impossible.
    42    (7) Property that is occupied  or  unoccupied  has  tax  delinquencies
    43  exceeding the value of the property.
    44    (B) Notwithstanding the provisions of subdivision (A) of this section,
    45  the following exceptions shall apply:
    46    (1)  Property shall in no case be declared blighted if it meets one or
    47  more of the following criteria:
    48    (a) Vacant and unimproved property located in any  rural  or  suburban
    49  area which is not served by existing utilities.
    50    (b)  Property which satisfies the definition of "farm woodland", "land
    51  used in agricultural production", "unique and irreplaceable agricultural
    52  land", or "viable agricultural land", as  those  terms  are  defined  in
    53  section three hundred one of the agriculture and markets law.
    54    (2) For purposes of this section, if a developer or condemner involved
    55  in  a  redevelopment  project  has  caused or brought about by action or
    56  inaction or maintained for more than seven years a condition  listed  in
        S. 7968                             3
     1  subdivision  (A)  of this section within the proposed project area, that
     2  condition may not be used in the determination of blight.
     3    (3)  For purposes of this section, if property located in an urbanized
     4  area generally served by municipal infrastructure  and  utilities  meets
     5  one  or more of the conditions listed in subdivision (A) of this section
     6  due to failure on the part of the appropriate governing body to  provide
     7  necessary utility services and/or infrastructure, that condition may not
     8  be used in the determination of blight.
     9    (C) Multiple properties and project areas may be declared blighted.
    10    (1) A condemner may use eminent domain to acquire any unit of property
    11  within a blighted project area.
    12    (2)  For  purposes  of acquiring multiple units of property by eminent
    13  domain, an area may be declared generally blighted only if a majority of
    14  the individual parcels in the area are declared blighted under  subdivi-
    15  sion (A) of this section and represent a majority of the geographic area
    16  of the project.
    17    (3)  Properties  owned by a developer or condemner involved in a rede-
    18  velopment project may be included in any blighted project area  determi-
    19  nation.
    20    (D) For purposes of this section, a building containing multiple units
    21  shall be treated as a single property.
    22    (E)  Before  a  property  may  be  declared  blighted pursuant to this
    23  section, the condemner shall:
    24    (1) In the case of a single property, make written findings  identify-
    25  ing  the  specific  conditions  which render the property blighted under
    26  subdivision (A) of this section;
    27    (2) In the case of multiple properties or project areas, make  written
    28  findings  demonstrating that the conditions of subdivision (C) have been
    29  met. In order to demonstrate that a majority of the  individual  parcels
    30  are  blighted  and  comprise  a majority of the geographical area of the
    31  project, each blighted property must  be  identified  and  the  specific
    32  conditions  rendering  it blighted under subdivision (A) of this section
    33  must be identified.
    34    (F) Any declaration made pursuant to this section shall be valid for a
    35  period of up to fifteen years.
    36    § 4. Section 206 of the eminent domain procedure law, subdivision  (E)
    37  as  added  by  chapter  468  of  the laws of 1978, is amended to read as
    38  follows:
    39    § 206. Exemptions. The condemnor shall be exempt from compliance  with
    40  the provisions of this article when:
    41    (A)  pursuant  to  other state, federal, or local law or regulation it
    42  considers and submits factors [similar to those] enumerated in  subdivi-
    43  sion  (B)  of  section  two  hundred  four, to a state, federal or local
    44  governmental agency, board or  commission  before  proceeding  with  the
    45  acquisition  and  obtains  a  license, a permit, a certificate of public
    46  convenience or necessity or other similar  approval  from  such  agency,
    47  board, or commission or;
    48    (B)  pursuant  to  article VII [or article VIII] of the public service
    49  law it obtained a certificate of environmental compatibility and  public
    50  need or;
    51    (C)  pursuant  to other law or regulation it undergoes or conducts [or
    52  offers to conduct] prior to an acquisition one or more  public  hearings
    53  upon  notice  to  the  public and owners of property to be acquired, and
    54  provided further that factors [similar to those] enumerated in  subdivi-
    55  sion (B) of section two hundred four herein [may] shall be considered at
    56  such public hearings, or;
        S. 7968                             4
     1    (D) when in the opinion of the condemnor the acquisition is de minimis
     2  in  nature  so  that  the  public interest will not be prejudiced by the
     3  construction of the project or because of  an  emergency  situation  the
     4  public  interest  will  be  endangered by any delay caused by the public
     5  hearing requirement in this article.
     6    (E) when it complies with the procedures contained in section 41.34 of
     7  the mental hygiene law.
     8    §  5.  Section  3  of  section  1  of chapter 174 of the laws of 1968,
     9  constituting the New York state urban development  corporation  act,  is
    10  amended by adding a new subdivision 31 to read as follows:
    11    (31)  "Blighted  property"  and  "blighted  area".  Property  that  is
    12  declared blighted under section 204-a of the  eminent  domain  procedure
    13  law.
    14    §  6.  Subdivision  12 of section 3 of section 1 of chapter 174 of the
    15  laws of 1968, constituting the New York state urban  development  corpo-
    16  ration act, is amended to read as follows:
    17    (12) "Substandard or insanitary area". The term "substandard or insan-
    18  itary  area" shall mean and be interchangeable with a [slum,] blighted[,
    19  deteriorated or deteriorating] area, or an area which  has  a  blighting
    20  influence on the surrounding area, whether residential, non-residential,
    21  commercial,  industrial,  vacant or land in highways, waterways, railway
    22  and subway tracks and yards, bridge and tunnel approaches and entrances,
    23  or other similar facilities, over which  air  rights  and  easements  or
    24  other  rights  of user necessary for the use and development of such air
    25  rights, to be developed as air rights sites for the elimination  of  the
    26  blighting  influence,  or  any combination thereof and may include land,
    27  buildings or improvements, or air rights and  concomitant  easements  or
    28  other  rights  of user necessary for the use and development of such air
    29  rights not in themselves substandard or insanitary.
    30    § 7. The second and the sixth undesignated paragraphs of section 2  of
    31  section  1 of chapter 174 of the laws of 1968, constituting the New York
    32  state urban development corporation act, are amended to read as follows:
    33    It is further found and declared that  there  exist  in  many  munici-
    34  palities  within  this  state  residential,  nonresidential, commercial,
    35  industrial or vacant areas, and combinations thereof,  which  are  [slum
    36  or]  blighted, or which are becoming [slum or] blighted areas because of
    37  substandard[,] or insanitary conditions, [deteriorated or  deteriorating
    38  conditions, including obsolete and dilapidated buildings and structures,
    39  defective construction, outmoded design, lack of proper sanitary facili-
    40  ties  or  adequate  fire  or safety protection, excessive land coverage,
    41  insufficient light and ventilation, excessive population density,  ille-
    42  gal uses and conversions, inadequate maintenance, buildings abandoned or
    43  not  utilized  in  whole or substantial part, obsolete systems of utili-
    44  ties, poorly or improperly designed street patterns  and  intersections,
    45  inadequate  access  to areas, traffic congestion hazardous to the public
    46  safety, lack of suitable  off-street  parking,  inadequate  loading  and
    47  unloading  facilities,  impractical  street  widths,  sizes  and shapes,
    48  blocks and lots of irregular form, shape or insufficient size, width  or
    49  depth,  unsuitable topography, subsoil or other physical conditions, all
    50  of] which hamper or impede proper and economic development of such areas
    51  and which impair or arrest the sound growth of the  area,  community  or
    52  municipality, and the state as a whole.
    53    It  is  further  declared to be the policy of the state to promote the
    54  safety, health, morals and welfare of the people of  the  state  and  to
    55  promote  the  sound growth and development of our municipalities through
    56  the correction of such substandard, insanitary[,] or blighted[,  deteri-
        S. 7968                             5

     1  orated  or deteriorating] conditions, factors and characteristics by the
     2  clearance, replanning,  reconstruction,  redevelopment,  rehabilitation,
     3  restoration  or  conservation  of  such  areas,  and of areas reasonably
     4  accessible  thereto  the  undertaking  of public and private improvement
     5  programs related thereto, including the provision of educational, recre-
     6  ational and cultural facilities, and the encouragement of  participation
     7  in these programs by private enterprise.
     8    §  8.  Paragraph  (d) of subdivision 6 of section 16-n of section 1 of
     9  chapter 174 of the laws of 1968, constituting the New York  state  urban
    10  development  corporation act, as added by section 2 of part C-2 of chap-
    11  ter 109 of the laws of 2006, is amended to read as follows:
    12    (d) A municipality that is granted  an  award  or  awards  under  this
    13  section  shall  provide  a  matching  contribution  of  no less than ten
    14  percent of the aggregated award or awards amount. Such matching contrib-
    15  ution may be in the form of a financial  and/or  in  kind  contribution.
    16  Financial contributions may include grants from federal, state and local
    17  entities.  In kind contributions may include but shall not be limited to
    18  the  efforts of municipalities to conduct an inventory and assessment of
    19  vacant, abandoned, surplus, and condemned[, and deteriorated] properties
    20  and to manage and administer grants pursuant to  subdivisions  four  and
    21  five of this section.
    22    § 9. Section 501 of the general municipal law, as added by chapter 402
    23  of the laws of 1961, is amended to read as follows:
    24    §  501.  Policy  and  purposes of article. There exist in many munici-
    25  palities within this  state  residential,  non-residential,  commercial,
    26  industrial  or  vacant  areas, and combinations thereof, which are [slum
    27  or] blighted, or which are becoming [slum or] blighted areas because  of
    28  substandard[,]  or  insanitary[,  deteriorated  or deteriorating] condi-
    29  tions, factors, and characteristics, with or without  tangible  physical
    30  blight.  The  existence  of such areas constitutes a serious and growing
    31  menace, is injurious to the public safety, health, morals  and  welfare,
    32  contributes  increasingly  to  the spread of crime, juvenile delinquency
    33  and disease, necessitates excessive and disproportionate expenditures of
    34  public funds for all forms of public service and constitutes a  negative
    35  influence  on adjacent properties impairing their economic soundness and
    36  stability, thereby threatening the source of public revenues.
    37    In order to protect and promote the safety, health, morals and welfare
    38  of the people of the state and to promote the sound growth and  develop-
    39  ment of our municipalities, it is necessary to correct such substandard,
    40  insanitary,  or  blighted[,  deteriorated  or deteriorating] conditions,
    41  factors  and  characteristics  by  the  clearance,  replanning,   recon-
    42  struction, redevelopment, rehabilitation, restoration or conservation of
    43  such  areas,  the undertaking of public and private improvement programs
    44  related thereto and the encouragement of participation in these programs
    45  by private enterprise.
    46    It is necessary for the accomplishment of such purposes to grant muni-
    47  cipalities of this state the rights and powers provided in this article.
    48  The use of such rights and powers to correct  such  conditions,  factors
    49  and  characteristics  and  to  eliminate  or prevent the development and
    50  spread of [deterioration and] blight through the clearance,  replanning,
    51  reconstruction,  rehabilitation,  conservation or renewal of such areas,
    52  for residential, commercial, industrial,  community,  public  and  other
    53  uses  is  a public use and public purpose essential to the public inter-
    54  est, and for which public funds may be expended.
        S. 7968                             6
     1    § 10. Subdivision 4 of section 502 of the general  municipal  law,  as
     2  amended  by  chapter  748  of  the  laws  of 1967, is amended to read as
     3  follows:
     4    4.  "Substandard or insanitary area." The term "substandard or insani-
     5  tary area" shall mean and be interchangeable with a  [slum,]  blighted[,
     6  deteriorated  or  deteriorating]  area, or an area which has a blighting
     7  influence on the surrounding area, whether residential, non-residential,
     8  commercial, industrial, vacant, or land in highways, railway and  subway
     9  tracks,  bridge  and  tunnel  approaches and entrances, or other similar
    10  facilities, over which air rights and easements or other rights of  user
    11  necessary  for  the use and development of such air rights, to be devel-
    12  oped as air rights sites for the elimination of the blighting influence,
    13  or any combination thereof and may include land, buildings  or  improve-
    14  ments,  or  air rights and concomitant easements or other rights of user
    15  necessary for the use and development of such air rights, not  in  them-
    16  selves  substandard  or  insanitary,  the  inclusion  of which is deemed
    17  necessary for the effective undertaking of one  or  more  urban  renewal
    18  programs.
    19    §  11.  Paragraph  (a)  of subdivision 5 of section 510 of the general
    20  municipal law, as amended by chapter 829 of the laws of 1968, is amended
    21  to read as follows:
    22    (a) Notwithstanding anything contained in this article to the  contra-
    23  ry, the commissioner may in the name of the state, within appropriations
    24  heretofore  or  hereafter  made  for  state  capital grants to assist in
    25  carrying out one or more local urban renewal programs, make or  contract
    26  to  make  state  capital grants to municipalities to assist in financing
    27  the cost of the preparation and completion  of  one  or  more  community
    28  renewal programs.
    29    A  community renewal program may include, without being limited to (1)
    30  the identification of [slum areas or] blighted[, deteriorated, or  dete-
    31  riorating] areas in the community, (2) the measurement of the nature and
    32  degree  of  blight and blighting factors within such areas, (3) determi-
    33  nation of the financial, relocation,  and  other  resources  needed  and
    34  available  to  renew  such  areas,  (4)  the identification of potential
    35  project areas and, where feasible, types of urban renewal action contem-
    36  plated within such areas, and (5) scheduling  or  programming  of  urban
    37  renewal activities.
    38    §  12.  Section  520 of the general municipal law, as added by chapter
    39  402 of the laws of 1961, is amended to read as follows:
    40    § 520. Construction. This article  shall  be  construed  liberally  to
    41  effect  the  purposes  hereof  and the enumeration of specific powers in
    42  this act shall not operate to restrict the meaning of any general  grant
    43  of  power  contained  in this chapter or to exclude other powers compre-
    44  hended in such general grant. In construing this  chapter  consideration
    45  shall  be given to its purposes and intent, among others, of consolidat-
    46  ing, clarifying and simplifying the respective provisions of  the  chap-
    47  ters  repealed  as hereinafter specified in section five hundred twenty-
    48  five hereof and of authorizing municipalities to undertake one  or  more
    49  programs  of  urban  renewal  with respect to the clearance, replanning,
    50  reconstruction, rehabilitation, redevelopment, conservation, restoration
    51  or improvement of substandard, insanitary, [slum,] or blighted[, deteri-
    52  orated  or  deteriorating]  residential,  non-residential,  improved  or
    53  vacant  areas,  or the remedying of unsuitable topographical, subsoil or
    54  other physical conditions which tend to impede the development  of  such
    55  areas,  for  residential,  commercial, industrial, community, public and
    56  other uses and to apply for and accept federal or state loans, subsidies
        S. 7968                             7
     1  or grants in connection therewith. Insofar as  the  provisions  of  this
     2  article  are  inconsistent  with  the  provisions  of any other general,
     3  special or local law, the provisions of this article shall  be  control-
     4  ling.
     5    §  13.  The  third undesignated paragraph of section 2 of section 1 of
     6  chapter 173 of the laws of 1968, constituting the New York  state  urban
     7  development and research corporation act, is amended to read as follows:
     8    The  legislature  hereby declares it to be the policy of this state to
     9  provide an adequate supply of safe and sanitary dwelling accommodations;
    10  to increase job opportunities and protect against involuntary  unemploy-
    11  ment and underemployment by promoting, attracting, stimulating and revi-
    12  talizing  business,  commerce,  industry  and manufacturing in the urban
    13  areas of the state; and to arrest  the  spread  of  [deterioration  and]
    14  blight  and  promote the economic and physical development of such areas
    15  through the construction, reconstruction, rehabilitation and improvement
    16  of residential, commercial  and  industrial  structures  and  facilities
    17  therein.
    18    § 14. This act shall take effect immediately.