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

                                   22

                      Eighth Extraordinary Session

                            I N  S E N A T E

                              June 29, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14236-01-9

              

S. 22                               2

  5. Any approval of an urban development action area project  shall  be
in  conformance  with the standards and procedures required for all land
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.