S T A T E O F N E W Y O R K
________________________________________________________________________
5891
2009-2010 Regular Sessions
I N S E N A T E
June 18, 2009
___________
Introduced by Sen. ESPADA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general municipal law, in relation to urban develop-
ment action areas
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 693 of the general municipal law, as amended by
chapter 437 of the laws of 2000, is amended to read as follows:
S 693. Area designation. An urban development action area shall by
resolution be designated by the governing body, or by the commission
where so authorized to act by the governing body, on its own initiative
or upon recommendation of the agency, provided at least sixty percent of
such area is an eligible area. Any such designation shall be in conform-
ance with the standards and procedures required for all land use deter-
minations pursuant to general, special or local law or charter.
Provided, however, that if a proposed urban development action area
project is to be developed on an eligible area and consists solely of
the rehabilitation or conservation of existing private or multiple
dwellings or the construction of one to four unit dwellings OR, UNTIL
JUNE THIRTIETH, TWO THOUSAND TWELVE, FOR UP TO SIX URBAN DEVELOPMENT
ACTION AREA PROJECTS IN ANY CALENDAR YEAR, THE CONSTRUCTION OF UP TO
NINETY DWELLING UNITS FINANCED BY THE FEDERAL GOVERNMENT AND RESTRICTED
TO OCCUPANCY BY THE ELDERLY OR BY PERSONS WITH DISABILITIES without any
change in land use permitted by local zoning, the governing body, or the
commission where so authorized to act by the governing body, may waive
the area designation requirement.
S 2. Subdivision 5 of section 694 of the general municipal law, as
amended by chapter 562 of the laws of 1990, is amended to read as
follows:
5. Any approval of an urban development action area project shall be
in conformance with the standards and procedures required for all land
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14236-01-9
S. 5891 2
use determinations pursuant to general, special or local law or charter.
In a city having a population of one million or more, the governing body
may require that the agency incorporate into the project any or all of
the following: (i) the proposed number of residential units; (ii) wheth-
er such units are home ownership units, rental units or condominium or
cooperative units; (iii) a best estimate of the initial rents or selling
prices for such units; (iv) the proposed income restrictions, if any, on
renters or purchasers of such units; and (v) the basis on which the
consideration for the sale or lease of the property is to be determined.
Provided, however, that if the proposed urban development action area
project consists solely of the rehabilitation or conservation of exist-
ing private or multiple dwellings or the construction of one to four
unit dwellings OR, UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE, FOR UP TO
SIX URBAN DEVELOPMENT ACTION AREA PROJECTS IN ANY CALENDAR YEAR, THE
CONSTRUCTION OF UP TO NINETY DWELLING UNITS FINANCED BY THE FEDERAL
GOVERNMENT AND RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY PERSONS WITH
DISABILITIES without any change in land use permitted by local zoning,
the governing body, or the commission where so authorized to act by the
governing body, may waive any such standards and procedures required by
local law or charter.
S 3. Paragraph (d) of subdivision 6 of section 695 of the general
municipal law, as amended by chapter 437 of the laws of 2000, is amended
to read as follows:
(d) Notwithstanding any standards or procedures established for land
disposition by general, special or local law or charter, if an urban
development action area project is to be developed on an eligible area
and consists solely of the rehabilitation or conservation of existing
private or multiple dwellings or the construction of one to four unit
dwellings OR, UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE, FOR UP TO SIX
URBAN DEVELOPMENT ACTION AREA PROJECTS IN ANY CALENDAR YEAR, THE
CONSTRUCTION OF UP TO NINETY DWELLING UNITS FINANCED BY THE FEDERAL
GOVERNMENT AND RESTRICTED TO OCCUPANCY BY THE ELDERLY OR BY PERSONS WITH
DISABILITIES without any change in land use permitted by local zoning, a
municipality may dispose of the real property constituting such urban
development action project to any person, firm, or corporation qualified
pursuant to this subdivision by resolution of its governing body or, in
any city having a population of one million or more, by action of the
mayor, provided that such disposition is in accordance with the require-
ments of this subdivision. Disposition of real property acquired by
condemnation shall be in accordance with the requirements of section
four hundred six of the eminent domain procedure law, if applicable.
S 4. This act shall take effect on July 15, 2009.