Bill Text: NY S09072 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires local governments to prepare and adopt an affordable housing plan no later than December 31, 2024; defines local government as a city, town or village; requires plan to identify the regional need for affordable housing, as well as such need within the local government; makes related requirements; directs such local governments to hold at least one public hearing on the draft plan and one public hearing on the final plan; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-16 - REFERRED TO LOCAL GOVERNMENT [S09072 Detail]

Download: New_York-2023-S09072-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9072

                    IN SENATE

                                     April 16, 2024
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT in relation to directing local governments to prepare  and  adopt
          an affordable housing plan no later than December 31, 2024

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Each local government shall prepare and adopt an affordable
     2  housing plan. For the purposes of this  act,  "local  government"  shall
     3  mean  a  city,  town,  or village. Such plan shall identify the regional
     4  need for affordable housing, as well as the need for affordable  housing
     5  within  the  local  government.  Such plan shall specify how the munici-
     6  pality intends to increase the number of affordable housing units in the
     7  region and local government. In preparing the plan, the local government
     8  shall examine, but not be limited to the  following  options  to  create
     9  affordable  housing:  (a) the provision of financial assistance to home-
    10  buyers; (b) the production of  affordable  housing  for  sale;  (c)  the
    11  production of affordable housing for rent; (d) the production of afford-
    12  able  housing  in  conjunction with public/private partnerships; (e) the
    13  rehabilitation of existing buildings and structures for the  purpose  of
    14  conversion  to  affordable  housing; (f) the acquisition of interests in
    15  real property in existing housing stock to produce  affordable  housing;
    16  (g)  the creation of accessory dwelling units; (h) the creation of mixed
    17  use developments that include affordable housing; and (i) the  provision
    18  of housing counseling services.
    19    §  2. Such plan shall adhere to the following land use principles: (a)
    20  account for and minimize social, economic, and  environmental  costs  of
    21  new  development, including infrastructure costs such as transportation,
    22  sewers, and wastewater treatment, water, schools, recreation,  and  loss
    23  of  open space and agricultural land; (b) encourage development in areas
    24  where transportation, water, and sewage infrastructure are available  or
    25  practical;  (c)  protect,  preserve,  and enhance the state's resources,
    26  including  agricultural  land,  forests,  surface  waters,  groundwater,
    27  recreation  and  open  space, scenic areas, and significant historic and
    28  archeological sites; (d) promote coordination of state and local govern-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05693-01-3
        S. 9072                             2

     1  ment decisions and cooperation among communities to work toward the most
     2  efficient, planned and cost-effective delivery  of  government  services
     3  by,  among  other means, facilitating cooperative agreements among adja-
     4  cent  communities, and to coordinate planning to ensure compatibility of
     5  one's community development with development of neighboring communities;
     6  (e) strengthen communities through development and redevelopment strate-
     7  gies that include integration of all income and age groups,  mixed  land
     8  uses,  and  compact  development,  traditional neighborhood development,
     9  planned unit development, open space districts, downtown revitalization,
    10  brownfield redevelopment, enhanced beauty in public spaces, and  diverse
    11  and community housing in close proximity to places of employment, recre-
    12  ation,  and  commercial development; (f) provide transportation choices,
    13  including increasing public transit and alternative modes of transporta-
    14  tion, in order to reduce automobile dependency, traffic congestion,  and
    15  automobile pollution; (g) ensure predictability in building and land use
    16  codes;  and  (h) provide for and encourage local governments to develop,
    17  through a collaborative community-based effort, plans that include  long
    18  term  land  use  and  permit  predictability and coordination, efficient
    19  decision making and planning implementation.
    20    § 3. Such plan may include the establishment of a  map  or  maps  that
    21  delineate  the  affordable housing recommendations proposed by the local
    22  government. Such plan shall be updated at least once every  five  years.
    23  Such plan shall ensure that all housing created remains affordable. Such
    24  plan  shall provide for the equitable distribution of affordable housing
    25  opportunities in the local government and region. The plan shall  ensure
    26  that  no  community  has  an  undue  concentration of affordable housing
    27  opportunities that would substantially alter the character of the commu-
    28  nity. In determining equitable distribution of affordable housing oppor-
    29  tunities, existing affordable housing opportunities in a community shall
    30  be considered.
    31    § 4. (a) The governing body of the local government shall hold  public
    32  hearings  and other informational meetings and organize other activities
    33  to inform residents about the process of preparing the plan.
    34    (b) The governing body of the local government shall hold at least one
    35  public hearing on the draft plan and one public  hearing  on  the  final
    36  plan. The local government shall post a copy of any draft plan or amend-
    37  ment to such plan on the website of the local government.
    38    (c) The final plan shall be adopted by the governing body by local law
    39  or  resolution,  as  appropriate,  no  later than December 31, 2024. All
    40  public hearings shall be on at least ten days' notice to the public. All
    41  notices of public hearings shall be published in the official  newspaper
    42  of the local government and posted on the official signboard and website
    43  of  the  local government. After adoption of the plan, the local govern-
    44  ment shall file the final plan in the office of the clerk of such  local
    45  government  and  post  the  plan on the website of the local government.
    46  Following such adoption, the local government shall regularly review and
    47  maintain such plan.
    48    § 5. If any clause, sentence, subdivision, paragraph, section or  part
    49  of  this act shall be adjudged by any court of competent jurisdiction to
    50  be invalid, and such decision is not reversed or is otherwise deemed  to
    51  be  final, such judgment shall not have the effect of rendering this act
    52  invalid, inoperative and void.
    53    § 6. This act shall take effect immediately.