S T A T E   O F   N E W   Y O R K
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                                  4964

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Local Governments

AN  ACT  to  amend  the  general  municipal law, in relation to the Long
  Island workforce housing program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  699-b  of the general municipal law, as added by
chapter 444 of the laws of 2008, is amended to read as follows:
  S 699-b. Long Island  workforce  housing  program.  1.  When  a  local
government  approves  a  subdivision  plat or site plan for five or more
residential units or a mixed-use development that incorporates  five  or
more  residential units, except as otherwise provided in subdivision two
of this section, the applicant shall receive a density  bonus  or  other
incentive  pursuant to a written agreement between the applicant and the
local government and such local government shall require of  the  appli-
cant AT THE SOLE DISCRETION OF THE LOCAL GOVERNMENT:
  (a) the set aside of at least ten percent of such units for affordable
workforce housing on site; or
  (b)  the  provision of other land and the construction of the required
affordable workforce housing units that are not part of the  applicant's
current  subdivision plat or site plan but are to be provided on another
site within the same local government; or
  (c) the payment of a fee equal to [two times the median income  for  a
family  of  four for the Nassau-Suffolk primary metropolitan statistical
area as defined by the federal Department of Housing and Urban  Develop-
ment,  for  each  additional unit which results, or would have resulted,
from the density bonus or, when such fee exceeds] the appraised value of
each lot [resulting from such density bonus,  then  such  fee  shall  be
equal to the appraised value of the lot or lots, or the equivalent ther-
eof, for each additional unit created by the density bonus] AS IF IT HAD
BEEN  SET  ASIDE  FOR  AFFORDABLE  WORKFORCE  HOUSING  ON SITE. All fees

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01097-01-9
              

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collected by the local government as provided in this section shall,  at
the sole discretion of the local government, be:
  (i)  deposited  in  a single trust fund under the control of the local
government to be kept in trust and separate and  apart  from  all  other
monies  of such local government, for the specific purpose of construct-
ing affordable workforce housing, acquiring  land  for  the  purpose  of
providing  affordable  workforce housing [or], rehabilitating structures
for the purpose of providing affordable workforce housing, OR TO PROVIDE
DOWNPAYMENT ASSISTANCE TO ELIGIBLE HOMEBUYERS WHO QUALIFY PURSUANT TO  A
PROGRAM  CREATED  BY  THE  LOCAL  GOVERNMENT. THE DOWNPAYMENT ASSISTANCE
FUNDS SHALL BE SECURED BY A NOTE AND MORTGAGE ON THE PROPERTY  PURCHASED
WITH  SUCH  FUNDS AND SHALL BE FULLY REPAID TO THE FUND BY THE RECIPIENT
UPON THE SALE OR REFINANCING OF THE AFOREMENTIONED  PROPERTY.    Pending
expenditures from such trust fund, monies therein may be invested in the
manner  provided by law. Any interest earned or capital gain realized on
the monies so deposited shall accrue to and become part  of  such  trust
fund; or
  (ii)  paid  to another local government within the county within which
the local government paying such  monies  is  located,  pursuant  to  an
intermunicipal  agreement,  to  be  kept in trust and separate and apart
from all other monies of such other local government, for  the  specific
purpose of constructing affordable workforce housing, acquiring land for
the  purpose of providing affordable workforce housing or rehabilitating
structures for the purpose of  providing  affordable  workforce  housing
within such other local government. Pending expenditures from such trust
fund,  monies therein may be invested in the manner provided by law. Any
interest earned or capital gain realized  on  the  monies  so  deposited
shall accrue to and become part of such trust fund; or
  (iii)  paid  into  a  single  trust fund under the control of the Long
Island  Housing  Partnership,  OR  ANOTHER  NOT-FOR-PROFIT   CORPORATION
CREATED  FOR THE PURPOSE OF CREATING AFFORDABLE WORKFORCE HOUSING DESIG-
NATED BY THE LOCAL GOVERNMENT, to be kept  in  trust  and  separate  and
apart  from all other monies of such partnership, OR OTHER SUCH NOT-FOR-
PROFIT CORPORATION, fifty percent of which shall be used for the specif-
ic purpose of constructing affordable workforce housing, acquiring  land
for  the  purpose of providing affordable workforce housing or rehabili-
tating structures for the  purpose  of  providing  affordable  workforce
housing  within the county within which the local government paying such
monies is located. The remaining fifty percent of such  funds  shall  be
used to provide downpayment assistance to eligible homebuyers who quali-
fy for the existing employer assistance housing benefit program adminis-
tered by such partnership, OR OTHER SUCH NOT-FOR-PROFIT CORPORATION. The
downpayment  assistance funds shall be secured by a note and mortgage on
the property purchased with such funds and shall be fully repaid to  the
fund by the recipient upon the sale or refinancing of the aforementioned
property.
  2.  The  provisions of this article shall not apply [when an applicant
elects] TO A DEVELOPMENT WHERE THE LOCAL GOVERNMENT  APPROVES  a  lesser
percentage than the maximum allowable residential density, or floor area
ratio  if  part  of a mixed-use development, under the applicable zoning
ordinance and comprehensive plan in effect as of the date of the  appli-
cation by the applicant to the local government.
  3.  Local  governments  shall ensure that all affordable housing units
created pursuant to this article remain affordable. Subsequent  purchas-
ers  of  such  units shall have at the time of purchase, pursuant to the
definition of "affordable workforce housing", an income at or below  one

A. 4964                             3

hundred  thirty  percent  of  the  median  income for the Nassau-Suffolk
primary statistical area as defined by the federal Department of Housing
and Urban Development.
  4. Within six months of the establishment of a trust fund as set forth
in  subparagraphs  (i)  and  (ii) of paragraph (c) of subdivision one of
this section, the local government shall issue guidelines  and  policies
which shall govern the expenditure of trust fund monies. Any monies that
are  not  expended  by the local government three years from the date of
such monies being collected shall be paid into a single trust fund under
the control of the Long Island Housing  Partnership,  as  set  forth  in
subparagraph (iii) of paragraph (c) of subdivision one of this section.
  5.  A  local  government may enter into intermunicipal agreements with
any local government within the same county to meet the purposes of this
article.
  S 2. Section 699-c of the general municipal law, as added  by  chapter
444 of the laws of 2008, is amended to read as follows:
  S  699-c.  Mortgage  counseling  for the Long Island workforce housing
program. Persons purchasing affordable workforce housing created  pursu-
ant  to  this article, or who receive downpayment assistance pursuant to
this article, must attend homebuyer education  and  mortgage  counseling
provided  free of charge through the Long Island Housing Partnership, OR
ANOTHER NOT-FOR-PROFIT CORPORATION CREATED FOR THE PURPOSE  OF  CREATING
AFFORDABLE WORKFORCE HOUSING DESIGNATED BY A LOCAL GOVERNMENT.
  S  3.  The  general  municipal  law is amended by adding a new section
699-d to read as follows:
  S 699-D. CONSTRUAL. THE PROVISIONS OF THIS ARTICLE SHALL BE  CONSTRUED
AS   THE  MINIMUM  REQUIREMENTS  FOR  LOCAL  GOVERNMENTS  REGARDING  THE
PROVISION OF AFFORDABLE  WORKFORCE  HOUSING.  NOTHING  HEREIN  SHALL  BE
CONSTRUED AS LIMITING THE AUTHORITY OF A LOCAL GOVERNMENT TO ENACT LOCAL
LAWS  WHICH  EXCEED  THE REQUIREMENTS OF THIS ARTICLE WITH REGARD TO THE
PROVISION OF AFFORDABLE WORKFORCE HOUSING.
  S 4. This act shall take effect immediately.