NY State Senate Bill 2023-S9074

Senate Bill S9074

2023-2024 Legislative Session

Requires municipalities to include a housing needs assessment using the HUD median income calculations in their comprehensive plans

download bill text pdf

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2024	referred to local government

2023-S9074 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §239-d, Gen Muni L; amd §28-a, add Art 3 Art Head, Gen City L; amd §272-a, Town L; amd §7-722, Vil L

2023-S9074 (ACTIVE) - Summary

Requires municipalities to include an Affordable Housing Needs Assessment to establish a data-based foundation for the creation and preservation of affordable housing in the municipality, utilizing the U.S. Department of Housing and Urban Development median income calculations, in their comprehensive plans.

2023-S9074 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9074

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the general municipal law, the general city law, the
town law and the village law, in relation to requiring municipalities to
include a housing needs assessment using the HUD median income calcu-
lations in their comprehensive plans; and to amend the general city law,
in relation to making a technical correction

 
PURPOSE OF BILL:

This bill would require municipalities to perform a housing needs
assessment at five levels of affordability utilizing Area Median Income
(AMI) metrics.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new paragraph to the general municipal law providing
that counties shall do a housing needs assessment with five (5) levels
of affordability at: below thirty percent of average median income

(AMI); between thirty and fifty percent of AMI, between fifty one and
sixty percent of AMI; between sixty one percent and eighty percent of
AMI; and between eighty one percent and one hundred percent of AMI.

Section 2 adds a new paragraph to the general city law providing that
cities shall do a housing needs assessment with five (5) levels of
affordability at: below thirty percent of average median income (AMI);
between thirty and fifty percent of AMI, between fifty one and sixty
percent of AMI; between sixty one percent and eighty percent of AMI; and
between eighty one percent and one hundred percent of AMI.

Section 3 adds a new paragraph to the town law providing that towns
shall do a housing needs assessment with five (5) levels of affordabili-
ty at: below thirty percent of average median income (AMI); between
thirty and fifty percent of AMI, between fifty one and sixty percent of
AMI; between sixty one percent and eighty percent of AMI; and between
eighty one percent and one hundred percent of AMI.

Section 4 adds a new paragraph to the village law providing that
villages shall do a housing needs assessment with five (5) levels of
affordability at: below thirty percent of average median income (AMI);
between thirty and fifty percent of AMI, between fifty one and sixty
percent of AMI; between sixty one percent and eighty percent of AMI; and
between eighty one percent and one hundred percent of AMI.

Section 5 sets forth the effective date.

 
JUSTIFICATION:

To address the pressing issue of creating new housing across New York
State, conducting a data-based housing needs assessment is paramount.
Counties, cities, towns, and villages are central to creating new hous-
ing and needs assessments form a baseline and starting point for devel-
oping a municipality's housing plan. Utilizing AMI metrics for compar-
ison purposes offers a uniform, standardized and equitable approach to
evaluating needs.

By engaging counties, cities, towns, and villages in this collective
effort, the assessment captures localized nuances, ensuring that each
municipality's resulting plan is not only comprehensive but also
tailored to the unique challenges it faces. Moreover, AMI metrics facil-
itate the identification of gaps in affordable housing options, allowing
policymakers to allocate resources strategically, prioritize vulnerable
populations, and implement targeted interventions that address the
specific needs of residents at various income levels.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9074 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9074
 
                             I N  S E N A T E
 
                              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 to amend the general municipal law, the  general  city  law,  the
   town  law and the village law, in relation to requiring municipalities
   to include a housing needs assessment  using  the  HUD  median  income
   calculations  in  their  comprehensive plans; and to amend the general
   city law, in relation to making a technical correction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (o) and (p) of subdivision 1 of section 239-d of
 the  general municipal law, as added by chapter 451 of the laws of 1997,
 are amended and a new paragraph (q) is added to read as follows:
   (o) Any and all other items which are consistent with the  protection,
 enhancement, orderly growth and development of the county; [and]
   (p)  Consideration  of  cumulative  impacts  of development, and other
 issues which promote compliance with  the  state  environmental  quality
 review act under article eight of the environmental conservation law and
 its implementing regulations[.]; AND
   (Q)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN  THE  COUNTY,  UTILIZING
 THE  U.S.  DEPARTMENT  OF  HOUSING  AND  URBAN DEVELOPMENT MEDIAN INCOME
 CALCULATIONS. SUCH ASSESSMENT MUST ADDRESS  HOUSING  NEEDS  WITHIN  FIVE
 LEVELS  AS  FOLLOWS:  (I) AT OR BELOW THIRTY PERCENT OF THE COUNTY'S AMI
 (AREA MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY  PERCENT
 OF  THE  COUNTY'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT
 OF THE COUNTY'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND  EIGHTY  PERCENT
 OF  THE COUNTY'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED
 PERCENT OF THE COUNTY'S AMI.
   § 2. Subdivision 4 of section 28-a of the general city law is  amended
 by adding a new paragraph (p) to read as follows:
   (P)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN THE CITY, UTILIZING  THE
 U.S.  DEPARTMENT  OF  HOUSING AND URBAN DEVELOPMENT MEDIAN INCOME CALCU-
 LATIONS. SUCH ASSESSMENT MUST ADDRESS AFFORDABLE  HOUSING  NEEDS  WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11918-03-4
 S. 9074                             2
 
 FIVE LEVELS AS FOLLOWS: (I) AT OR BELOW THIRTY PERCENT OF THE CITY'S AMI
 (AREA  MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY PERCENT
 OF THE CITY'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT  OF
 THE CITY'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND EIGHTY PERCENT OF THE
 CITY'S  AMI;  AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED PERCENT
 OF THE CITY'S AMI.
   § 3. Subdivision 3 of section 272-a of the  town  law  is  amended  by
 adding a new paragraph (p) to read as follows:
   (P)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN THE TOWN, UTILIZING  THE
 U.S.  DEPARTMENT  OF  HOUSING AND URBAN DEVELOPMENT MEDIAN INCOME CALCU-
 LATIONS. SUCH ASSESSMENT MUST ADDRESS HOUSING NEEDS WITHIN  FIVE  LEVELS
 OF  AFFORDABILITY  AS  FOLLOWS:  (I)  AT  OR BELOW THIRTY PERCENT OF THE
 TOWN'S AMI (AREA MEDIAN INCOME); (II)  BETWEEN  THIRTY-ONE  PERCENT  AND
 FIFTY  PERCENT  OF  THE  TOWN'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND
 SIXTY PERCENT OF THE TOWN'S AMI;  (IV)  BETWEEN  SIXTY-ONE  PERCENT  AND
 EIGHTY PERCENT OF THE TOWN'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND
 ONE HUNDRED PERCENT OF THE TOWN'S AMI.
   §  4.  Subdivision 3 of section 7-722 of the village law is amended by
 adding a new paragraph (p) to read as follows:
   (P) A HOUSING NEEDS ASSESSMENT TO ESTABLISH  A  DATA-BASED  FOUNDATION
 FOR  THE  CREATION AND PRESERVATION OF HOUSING IN THE VILLAGE, UTILIZING
 THE U.S. DEPARTMENT OF  HOUSING  AND  URBAN  DEVELOPMENT  MEDIAN  INCOME
 CALCULATIONS.  SUCH  ASSESSMENT  MUST  ADDRESS HOUSING NEEDS WITHIN FIVE
 LEVELS AS FOLLOWS: (I) AT OR BELOW THIRTY PERCENT OF THE  VILLAGE'S  AMI
 (AREA  MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY PERCENT
 OF THE VILLAGE'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY  PERCENT
 OF  THE VILLAGE'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND EIGHTY PERCENT
 OF THE VILLAGE'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED
 PERCENT OF THE VILLAGE'S AMI.
   § 5. Article 3 of the general city law is  amended  by  adding  a  new
 article heading to read as follows:
                             ZONING AND PLANNING
   § 6.  This act shall take effect immediately.

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