NY State Assembly Bill 2015-A2553A

Assembly Bill A2553A

2015-2016 Legislative Session

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 14, 2016	print number 2553c
Jun 14, 2016	amend (t) and recommit to cities
Jun 01, 2016	print number 2553b
Jun 01, 2016	amend and recommit to cities
Jan 06, 2016	referred to cities
Jun 16, 2015	reported referred to rules
May 26, 2015	print number 2553a
May 26, 2015	amend and recommit to cities
Jan 16, 2015	referred to cities

Bill Amendments

Original

C (Active)

co-Sponsors

2015-A2553 - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-111-a, NYC Ad Cd

2015-A2553 - Summary

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

2015-A2553 - Bill Text download pdf

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

                                  2553

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the location of supportive housing facilities and social
  services centers, and renewal of the lease or operation of such facil-
  ity or center

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 25-111-a to read as follows:
  S 25-111-A CITY PLANNING  COMMISSION  TO  REGULATE  THE  LOCATION  AND
CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT
THE  LOCATION  OF  SUPPORTIVE  HOUSING  FACILITIES  AND  SOCIAL SERVICES
CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES  OR  PLANS  OF
OPERATION FOR SUCH FACILITIES AND CENTERS.
  B.  FOR  THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
THE STATE, THE CITY, OR A NOT-FOR-PROFIT  ORGANIZATION,  WHICH  PROVIDES
HOUSING  ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
FIFTY OR MORE NON-RESIDENT CLIENTS PER  DAY  WHO  HAVE  MENTAL  ILLNESS,
TRAUMA,  ABUSE, CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS
FOR THE HOMELESS, OR ABUSED WOMEN AND CHILDREN.
  C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE  ESTABLISHMENT
OR  LOCATION,  OR  THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
OPERATION, OF A SUPPORTIVE HOUSING FACILITY OR  SOCIAL  SERVICES  CENTER
UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
  D.  NO  SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER SHALL BE
ESTABLISHED OR LOCATED IN THE  CITY,  NOR  SHALL  THE  LEASE  FOR  OR  A
CONTRACT  TO  FINANCE  THE  OPERATION  OF  SUCH  A FACILITY OR CENTER BE
RENEWED, UNTIL THE OPERATOR THEREOF SHALL  HAVE  FILED  NOTICE  OF  SUCH
PROPOSED  OR  EXISTING  SUPPORTIVE  HOUSING  FACILITY OR SOCIAL SERVICES
CENTER WITH THE CITY PLANNING COMMISSION AND THE COMMUNITY BOARD OF  THE
LOCALITY  IN  WHICH SUCH FACILITY OR CENTER IS PROPOSED TO BE LOCATED OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04367-01-5

A. 2553                             2

IS LOCATED.   SUCH NOTICE SHALL CONTAIN  A  DESCRIPTION  OF  THE  SCOPE,
NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS TO BE PROVIDED, THE SPECIF-
IC  ADDRESS  OF  THE FACILITY OR CENTER, THE NUMBER OF ANTICIPATED RESI-
DENTS  OR  CLIENTS, THE ENTITIES THAT FINANCE ITS ESTABLISHMENT OR OPER-
ATIONS, AND THE AMOUNT OF FINANCING ISSUED TO ESTABLISH AND OPERATE SUCH
FACILITY OR CENTER STATED AS BOTH A SPECIFIC  DOLLAR  AMOUNT  AND  AS  A
PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED TO ESTABLISH AND OPER-
ATE SUCH FACILITY OR CENTER.
  E.  NOT  LESS  THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS  SECTION,  THE  CITY
PLANNING  COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY  OR  SOCIAL  SERVICES
CENTER,  OR  THE  CONTINUED  OPERATION  OF  SUCH FACILITY OR CENTER UPON
RENEWAL OF THE LEASE OR CONTRACT TO  FINANCE  ITS  OPERATION,  UPON  THE
COMMUNITY  AND  IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND
CENTERS IN THE AFFECTED COMMUNITY.  SUCH IMPACT MAY INCLUDE  AND  RELATE
TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
ITY  OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND
THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH  LOCAL
COMMUNITY.  THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH
COMMUNITY  FORUM  AND  MEASURES  THAT  MAY  HELP TO MITIGATE AGAINST ANY
ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH  COMMUNITY.    EVERY  SUCH
FORUM  SHALL  BE  HELD  UPON  NOT  LESS  THAN  TWENTY DAYS NOTICE TO THE
AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
  F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS  TO  ESTAB-
LISHING  A  CONVENIENT  DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
THE LOCALLY IMPACTED COMMUNITY. SUCH  FORUM  LOCATION  SHALL  BE  WITHIN
REASONABLE  PROXIMITY  OF  THE  PROPOSED  SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
  G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER  HOLDING
A  COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE,  MODIFY  OR  DENY
AUTHORIZATION  OR  REAUTHORIZATION  FOR  THE  LOCATION, ESTABLISHMENT OR
CONTINUED  OPERATION  OF  THE  SUPPORTIVE  HOUSING  FACILITY  OR  SOCIAL
SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR
CENTER.  IF  SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE
COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF  TIME  SUCH
FACILITY  OR  CENTER  IS  AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH
APPLICATION  BE  DENIED,  THE  SPONSOR  OF  SUCH  APPLICATION  SHALL  BE
PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR
OPERATION  OF  SUCH  FACILITY OR CENTER, OR ANY SIMILAR TYPE FACILITY OR
CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
  H. THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION  SHALL
APPLY  TO  EVERY APPLICATION FOR THE CONTINUED OPERATION OF A SUPPORTIVE
HOUSING FACILITY OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION.  NO
SUCH  FACILITY OR CENTER SHALL CONTINUE TO OPERATE UNTIL SUCH PROVISIONS
OF THIS SECTION SHALL BE COMPLIED WITH.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-A2553A - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-111-a, NYC Ad Cd

2015-A2553A - Summary

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

2015-A2553A - Bill Text download pdf

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

                                 2553--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. BENEDETTO, TITONE -- read once and referred to
  the Committee on Cities -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the location of supportive housing facilities and social
  services centers, and renewal of the lease or operation of such facil-
  ity or center

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 25-111-a to read as follows:
  S 25-111-A CITY PLANNING  COMMISSION  TO  REGULATE  THE  LOCATION  AND
CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT
THE  LOCATION  OF  SUPPORTIVE  HOUSING  FACILITIES  AND  SOCIAL SERVICES
CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES  OR  PLANS  OF
OPERATION  FOR  SUCH FACILITIES AND CENTERS.  ADDITIONALLY, UPON PASSAGE
AND FILING WITH SUCH COMMISSION OF A RESOLUTION BY THE  COMMUNITY  BOARD
IN  WHICH  A FACILITY OR CENTER IS LOCATED, THE CITY PLANNING COMMISSION
MAY SET THE CONDITIONS FOR THE RENEWAL OF A LEASE OR PLAN  OF  OPERATION
OF SUCH FACILITY OR CENTER.
  B.  FOR  THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
THE STATE, THE CITY, OR A NOT-FOR-PROFIT  ORGANIZATION,  WHICH  PROVIDES
HOUSING  ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
FIFTY OR MORE NON-RESIDENT CLIENTS PER  DAY  WHO  HAVE  MENTAL  ILLNESS,
TRAUMA,  ABUSE, CHEMICAL DEPENDENCY AND/OR CHRONIC ILLNESS; AND SHELTERS
FOR THE HOMELESS, OR ABUSED WOMEN AND CHILDREN.
  C. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE  ESTABLISHMENT
OR  LOCATION,  OR,  UPON  PASSAGE  AND  FILING WITH SUCH COMMISSION OF A
RESOLUTION BY THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04367-03-5

A. 2553--A                          2

CENTER IS LOCATED, THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
OPERATION, OF A SUPPORTIVE HOUSING FACILITY OR  SOCIAL  SERVICES  CENTER
UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
  D.  NO  SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER SHALL BE
ESTABLISHED OR LOCATED IN THE CITY, NOR, PURSUANT TO  SUBDIVISION  H  OF
THIS SECTION, SHALL THE LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION
OF  SUCH  A  FACILITY  OR  CENTER BE RENEWED, UNTIL THE OPERATOR THEREOF
SHALL HAVE FILED NOTICE OF SUCH PROPOSED OR EXISTING SUPPORTIVE  HOUSING
FACILITY OR SOCIAL SERVICES CENTER WITH THE CITY PLANNING COMMISSION AND
THE  COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILITY OR CENTER IS
PROPOSED TO BE LOCATED OR IS LOCATED.    SUCH  NOTICE  SHALL  CONTAIN  A
DESCRIPTION  OF  THE SCOPE, NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS
TO BE PROVIDED, THE SPECIFIC ADDRESS OF  THE  FACILITY  OR  CENTER,  THE
NUMBER  OF  ANTICIPATED  RESIDENTS OR CLIENTS, THE ENTITIES THAT FINANCE
ITS ESTABLISHMENT OR OPERATIONS, AND THE AMOUNT OF FINANCING  ISSUED  TO
ESTABLISH  AND OPERATE SUCH FACILITY OR CENTER STATED AS BOTH A SPECIFIC
DOLLAR AMOUNT AND AS A PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED
TO ESTABLISH AND OPERATE SUCH FACILITY OR CENTER.
  E. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN NINETY  DAYS  AFTER  AN
OPERATOR'S  NOTICE  PURSUANT  TO SUBDIVISION D OF THIS SECTION, THE CITY
PLANNING COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE  PURPOSE
OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
IMPACT  OF  THE  PROPOSED SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES
CENTER, OR THE CONTINUED OPERATION  OF  SUCH  FACILITY  OR  CENTER  UPON
RENEWAL  OF  THE  LEASE  OR  CONTRACT TO FINANCE ITS OPERATION, UPON THE
COMMUNITY AND IF THERE IS AN OVER CONCENTRATION OF SUCH  FACILITIES  AND
CENTERS  IN  THE AFFECTED COMMUNITY.  SUCH IMPACT MAY INCLUDE AND RELATE
TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
ITY OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL,  AND
THE  OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH LOCAL
COMMUNITY. THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY  MEMBERS,
REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
DENTS  A  REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH
COMMUNITY FORUM AND MEASURES THAT  MAY  HELP  TO  MITIGATE  AGAINST  ANY
ANTICIPATED  OR  PAST  ADVERSE  IMPACTS UPON SUCH COMMUNITY.  EVERY SUCH
FORUM SHALL BE HELD UPON  NOT  LESS  THAN  TWENTY  DAYS  NOTICE  TO  THE
AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
  F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
THE  ADVICE  AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS TO ESTAB-
LISHING A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT  THE  FORUM  FOR
THE  LOCALLY  IMPACTED  COMMUNITY.  SUCH  FORUM LOCATION SHALL BE WITHIN
REASONABLE PROXIMITY OF THE  PROPOSED  SUPPORTIVE  HOUSING  FACILITY  OR
SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
  G.  NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER HOLDING
A COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE  CONSID-
ERATION  OF  THE  COMMENTS AT SUCH FORUM, EITHER APPROVE, MODIFY OR DENY
AUTHORIZATION OR REAUTHORIZATION  FOR  THE  LOCATION,  ESTABLISHMENT  OR
CONTINUED  OPERATION  OF  THE  SUPPORTIVE  HOUSING  FACILITY  OR  SOCIAL
SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR
CENTER. IF SUCH APPLICATION IS APPROVED OR MODIFIED UPON  APPROVAL,  THE
COMMUNITY  BOARD  SHALL OBTAIN SUCH DECISION AND THE LENGTH OF TIME SUCH
FACILITY OR CENTER IS AUTHORIZED TO REMAIN  IN  OPERATION.  SHOULD  SUCH
APPLICATION  BE  DENIED,  THE  SPONSOR  OF  SUCH  APPLICATION  SHALL  BE
PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR

A. 2553--A                          3

OPERATION OF SUCH FACILITY OR CENTER, OR ANY SIMILAR  TYPE  FACILITY  OR
CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
  H.  THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION SHALL
ONLY APPLY TO APPLICATIONS FOR THE CONTINUED OPERATION OF  A  SUPPORTIVE
HOUSING  FACILITY  OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION IF
THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A  FACILITY  OR  CENTER  IS
LOCATED  PASSES AND FILES WITH SUCH COMMISSION A RESOLUTION REQUESTING A
HEARING ON SUCH RENEWAL AT LEAST ONE HUNDRED EIGHTY DAYS  PRIOR  TO  THE
EXPIRATION OF THE EXISTING LEASE OR CONTRACT. UPON PASSAGE AND FILING OF
SUCH  A RESOLUTION, NO SUCH FACILITY OR CENTER SHALL CONTINUE TO OPERATE
UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE COMPLIED WITH.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-A2553B - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-111-a, NYC Ad Cd

2015-A2553B - Summary

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

2015-A2553B - Bill Text download pdf

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

                                 2553--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M. of A. BENEDETTO, CRESPO, SEPULVEDA, BRAUNSTEIN, MOYA,
  SIMOTAS, DenDEKKER,  DINOWITZ,  GJONAJ,  MILLER,  MOSLEY,  SIMANOWITZ,
  PICHARDO,  GOLDFEDER,  MARKEY,  BLAKE -- read once and referred to the
  Committee on Cities -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Cities in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  the location of supportive housing facilities and social
  services centers, and renewal of the lease or operation of such facil-
  ity or center

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 25-111-a to read as follows:
  S 25-111-A CITY PLANNING  COMMISSION  TO  REGULATE  THE  LOCATION  AND
CONTINUED OPERATION OF SUPPORTIVE HOUSING FACILITIES AND SOCIAL SERVICES
CENTERS. A. THE CITY PLANNING COMMISSION SHALL REGULATE AND MAY RESTRICT
THE  LOCATION  OF  SUPPORTIVE  HOUSING  FACILITIES  AND  SOCIAL SERVICES
CENTERS, AND SET THE CONDITIONS FOR THE RENEWAL OF LEASES  OR  PLANS  OF
OPERATION  FOR  SUCH FACILITIES AND CENTERS.  ADDITIONALLY, UPON PASSAGE
AND FILING WITH SUCH COMMISSION OF A RESOLUTION BY THE  COMMUNITY  BOARD
IN  WHICH  A FACILITY OR CENTER IS LOCATED, THE CITY PLANNING COMMISSION
MAY SET THE CONDITIONS FOR THE RENEWAL OF A LEASE OR PLAN  OF  OPERATION
OF SUCH FACILITY OR CENTER.
  B.  FOR  THE PURPOSES OF THIS SECTION, "SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER" MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY
THE STATE, THE CITY, OR A NOT-FOR-PROFIT  ORGANIZATION,  WHICH  PROVIDES
HOUSING  ACCOMMODATIONS AND SUPPORT SERVICES TO TEN OR MORE RESIDENTS OR
FIFTY OR MORE NON-RESIDENT CLIENTS PER  DAY  WHO  HAVE  MENTAL  ILLNESS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04367-05-6

A. 2553--B                          2

CHEMICAL  DEPENDENCY  AND/OR CHRONIC ILLNESS; AND SHELTERS FOR THE HOME-
LESS.
  C.  THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE ESTABLISHMENT
OR LOCATION, OR, UPON PASSAGE AND  FILING  WITH  SUCH  COMMISSION  OF  A
RESOLUTION BY THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY OR
CENTER IS LOCATED, THE RENEWAL OF THE LEASE OR A CONTRACT TO FINANCE THE
OPERATION,  OF  A  SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER
UNTIL THE PROVISIONS OF THIS SECTION HAVE BEEN COMPLIED WITH.
  D. NO SUPPORTIVE HOUSING FACILITY OR SOCIAL SERVICES CENTER  SHALL  BE
ESTABLISHED  OR  LOCATED  IN THE CITY, NOR, PURSUANT TO SUBDIVISION H OF
THIS SECTION, SHALL THE LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION
OF SUCH A FACILITY OR CENTER BE  RENEWED,  UNTIL  THE  OPERATOR  THEREOF
SHALL  HAVE FILED NOTICE OF SUCH PROPOSED OR EXISTING SUPPORTIVE HOUSING
FACILITY OR SOCIAL SERVICES CENTER WITH THE CITY PLANNING COMMISSION AND
THE COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILITY OR CENTER  IS
PROPOSED  TO  BE  LOCATED  OR  IS LOCATED.   SUCH NOTICE SHALL CONTAIN A
DESCRIPTION OF THE SCOPE, NATURE, SIZE AND KINDS OF  TREATMENT  PROGRAMS
TO  BE  PROVIDED,  THE  SPECIFIC  ADDRESS OF THE FACILITY OR CENTER, THE
NUMBER OF ANTICIPATED RESIDENTS OR CLIENTS, THE  ENTITIES  THAT  FINANCE
ITS  ESTABLISHMENT  OR OPERATIONS, AND THE AMOUNT OF FINANCING ISSUED TO
ESTABLISH AND OPERATE SUCH FACILITY OR CENTER STATED AS BOTH A  SPECIFIC
DOLLAR AMOUNT AND AS A PERCENTAGE OF THE TOTAL AMOUNT OF ALL MONEYS USED
TO ESTABLISH AND OPERATE SUCH FACILITY OR CENTER.
  E.  NOT  LESS  THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
OPERATOR'S NOTICE PURSUANT TO SUBDIVISION D OF THIS  SECTION,  THE  CITY
PLANNING  COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
IMPACT OF THE PROPOSED SUPPORTIVE HOUSING FACILITY  OR  SOCIAL  SERVICES
CENTER,  OR  THE  CONTINUED  OPERATION  OF  SUCH FACILITY OR CENTER UPON
RENEWAL OF THE LEASE OR CONTRACT TO  FINANCE  ITS  OPERATION,  UPON  THE
COMMUNITY  AND  IF THERE IS AN OVER CONCENTRATION OF SUCH FACILITIES AND
CENTERS IN THE AFFECTED COMMUNITY.  SUCH IMPACT MAY INCLUDE  AND  RELATE
TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNITY CAUSED BY SUCH FACIL-
ITY  OR CENTER BEFORE, DURING OR AFTER ITS ESTABLISHMENT OR RENEWAL, AND
THE OVER CONCENTRATION OF SUCH FACILITIES AND CENTERS WITHIN SUCH  LOCAL
COMMUNITY.  THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH
COMMUNITY  FORUM  AND  MEASURES  THAT  MAY  HELP TO MITIGATE AGAINST ANY
ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH  COMMUNITY.    EVERY  SUCH
FORUM  SHALL  BE  HELD  UPON  NOT  LESS  THAN  TWENTY DAYS NOTICE TO THE
AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
  F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS  TO  ESTAB-
LISHING  A  CONVENIENT  DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
THE LOCALLY IMPACTED COMMUNITY. SUCH  FORUM  LOCATION  SHALL  BE  WITHIN
REASONABLE  PROXIMITY  OF  THE  PROPOSED  SUPPORTIVE HOUSING FACILITY OR
SOCIAL SERVICES CENTER, AND IN SUITABLE FACILITIES THAT PROVIDE ADEQUATE
ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
  G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER  HOLDING
A  COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE,  MODIFY  OR  DENY
AUTHORIZATION  OR  REAUTHORIZATION  FOR  THE  LOCATION, ESTABLISHMENT OR
CONTINUED  OPERATION  OF  THE  SUPPORTIVE  HOUSING  FACILITY  OR  SOCIAL
SERVICES CENTER, OR SUGGEST AN ALTERNATIVE LOCATION FOR SUCH FACILITY OR

A. 2553--B                          3

CENTER.  IF  SUCH APPLICATION IS APPROVED OR MODIFIED UPON APPROVAL, THE
COMMUNITY BOARD SHALL OBTAIN SUCH DECISION AND THE LENGTH OF  TIME  SUCH
FACILITY  OR  CENTER  IS  AUTHORIZED TO REMAIN IN OPERATION. SHOULD SUCH
APPLICATION  BE  DENIED,  THE  SPONSOR  OF  SUCH  APPLICATION  SHALL  BE
PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE LOCATION, ESTABLISHMENT OR
OPERATION OF SUCH FACILITY OR CENTER, OR ANY SIMILAR  TYPE  FACILITY  OR
CENTER, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
  H.  THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION SHALL
ONLY APPLY TO APPLICATIONS FOR THE CONTINUED OPERATION OF  A  SUPPORTIVE
HOUSING  FACILITY  OR SOCIAL SERVICES CENTER PURSUANT TO THIS SECTION IF
THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A  FACILITY  OR  CENTER  IS
LOCATED  PASSES AND FILES WITH SUCH COMMISSION A RESOLUTION REQUESTING A
HEARING ON SUCH RENEWAL AT LEAST ONE HUNDRED EIGHTY DAYS  PRIOR  TO  THE
EXPIRATION OF THE EXISTING LEASE OR CONTRACT. UPON PASSAGE AND FILING OF
SUCH  A RESOLUTION, NO SUCH FACILITY OR CENTER SHALL CONTINUE TO OPERATE
UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE COMPLIED WITH.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

View additional co-sponsors

2015-A2553C (ACTIVE) - Details

Current Committee:: Assembly Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-111-a, NYC Ad Cd

2015-A2553C (ACTIVE) - Summary

Requires the New York city planning commission to hold a public community forum prior to approving the location or continued operation of a supportive housing facility.

2015-A2553C (ACTIVE) - Bill Text download pdf

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

                                 2553--C

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M. of A. BENEDETTO, CRESPO, SEPULVEDA, BRAUNSTEIN, MOYA,
  SIMOTAS, DenDEKKER,  DINOWITZ,  GJONAJ,  MILLER,  MOSLEY,  SIMANOWITZ,
  PICHARDO,  GOLDFEDER,  MARKEY,  BLAKE -- read once and referred to the
  Committee on Cities -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Cities in accordance with Assembly Rule 3, sec.  2
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to the location of supportive housing facilities and renewal
  of the lease or operation of such facility

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 25-111-a to read as follows:
  S 25-111-A CITY PLANNING  COMMISSION  TO  REGULATE  THE  LOCATION  AND
CONTINUED  OPERATION OF SUPPORTIVE HOUSING FACILITIES. A. THE CITY PLAN-
NING COMMISSION SHALL REGULATE AND MAY RESTRICT THE LOCATION OF SUPPORT-
IVE HOUSING FACILITIES AND SET THE CONDITIONS FOR THE RENEWAL OF  LEASES
OR  PLANS  OF OPERATION FOR SUCH FACILITIES.  ADDITIONALLY, UPON PASSAGE
AND FILING WITH SUCH COMMISSION OF A RESOLUTION BY THE  COMMUNITY  BOARD
IN WHICH A FACILITY IS LOCATED, THE CITY PLANNING COMMISSION MAY SET THE
CONDITIONS  FOR  THE  RENEWAL  OF  A  LEASE OR PLAN OF OPERATION OF SUCH
FACILITY.
  B. FOR THE PURPOSES OF THIS  SECTION,  "SUPPORTIVE  HOUSING  FACILITY"
MEANS A MULTIPLE RESIDENCE OR CENTER OPERATED BY THE STATE, THE CITY, OR
A NOT-FOR-PROFIT ORGANIZATION, WHICH PROVIDES HOUSING ACCOMMODATIONS AND
SUPPORT SERVICES IN TEMPORARY OR PERMANENT SHELTERS FOR THE HOMELESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04367-07-6

A. 2553--C                          2

  C.  THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE ESTABLISHMENT
OR LOCATION, OR, UPON PASSAGE AND  FILING  WITH  SUCH  COMMISSION  OF  A
RESOLUTION BY THE COMMUNITY BOARD OF THE LOCALITY IN WHICH A FACILITY IS
LOCATED,  THE  RENEWAL  OF THE LEASE OR A CONTRACT TO FINANCE THE OPERA-
TION,  OF  A  SUPPORTIVE  HOUSING  FACILITY UNTIL THE PROVISIONS OF THIS
SECTION HAVE BEEN COMPLIED WITH.
  D. NO SUPPORTIVE HOUSING FACILITY SHALL BE ESTABLISHED OR  LOCATED  IN
THE  CITY,  NOR,  PURSUANT  TO  SUBDIVISION H OF THIS SECTION, SHALL THE
LEASE FOR OR A CONTRACT TO FINANCE THE OPERATION OF SUCH A  FACILITY  BE
RENEWED,  UNTIL  THE  OPERATOR  THEREOF  SHALL HAVE FILED NOTICE OF SUCH
PROPOSED OR EXISTING SUPPORTIVE HOUSING FACILITY WITH THE CITY  PLANNING
COMMISSION AND THE COMMUNITY BOARD OF THE LOCALITY IN WHICH SUCH FACILI-
TY IS PROPOSED TO BE LOCATED OR IS LOCATED.  SUCH NOTICE SHALL CONTAIN A
DESCRIPTION  OF  THE SCOPE, NATURE, SIZE AND KINDS OF TREATMENT PROGRAMS
TO BE PROVIDED, THE SPECIFIC ADDRESS OF  THE  FACILITY,  THE  NUMBER  OF
ANTICIPATED  RESIDENTS  OR CLIENTS, THE ENTITIES THAT FINANCE ITS ESTAB-
LISHMENT OR OPERATIONS, AND THE AMOUNT OF FINANCING ISSUED TO  ESTABLISH
AND OPERATE SUCH FACILITY STATED AS BOTH A SPECIFIC DOLLAR AMOUNT AND AS
A  PERCENTAGE  OF  THE  TOTAL AMOUNT OF ALL MONEYS USED TO ESTABLISH AND
OPERATE SUCH FACILITY.
  E. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN NINETY  DAYS  AFTER  AN
OPERATOR'S  NOTICE  PURSUANT  TO SUBDIVISION D OF THIS SECTION, THE CITY
PLANNING COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE  PURPOSE
OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
IMPACT  OF  THE  PROPOSED  SUPPORTIVE  HOUSING FACILITY OR THE CONTINUED
OPERATION OF SUCH FACILITY UPON RENEWAL OF  THE  LEASE  OR  CONTRACT  TO
FINANCE  ITS  OPERATION,  UPON  THE  COMMUNITY  AND  IF THERE IS AN OVER
CONCENTRATION OF SUCH FACILITIES IN THE AFFECTED COMMUNITY.  SUCH IMPACT
MAY INCLUDE AND RELATE TO ANY POTENTIAL ADVERSE EFFECT UPON THE COMMUNI-
TY CAUSED BY SUCH FACILITY BEFORE, DURING OR AFTER ITS ESTABLISHMENT  OR
RENEWAL, AND THE OVER CONCENTRATION OF SUCH FACILITIES WITHIN SUCH LOCAL
COMMUNITY.  THE CITY PLANNING COMMISSION SHALL AFFORD COMMUNITY MEMBERS,
REPRESENTATIVES OF THE LOCAL COMMUNITY BOARD, LOCAL BUSINESSES AND RESI-
DENTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS  AT  SUCH
COMMUNITY  FORUM  AND  MEASURES  THAT  MAY  HELP TO MITIGATE AGAINST ANY
ANTICIPATED OR PAST ADVERSE IMPACTS UPON SUCH  COMMUNITY.    EVERY  SUCH
FORUM  SHALL  BE  HELD  UPON  NOT  LESS  THAN  TWENTY DAYS NOTICE TO THE
AFFECTED COMMUNITY AND THE LOCAL COMMUNITY BOARD.
  F. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD AS  TO  ESTAB-
LISHING  A  CONVENIENT  DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
THE LOCALLY IMPACTED COMMUNITY. SUCH  FORUM  LOCATION  SHALL  BE  WITHIN
REASONABLE  PROXIMITY OF THE PROPOSED SUPPORTIVE HOUSING FACILITY AND IN
SUITABLE FACILITIES THAT PROVIDE ADEQUATE ROOM AND ACCESS TO HEAR PUBLIC
COMMENTS PRESENTED.
  G. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER  HOLDING
A  COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE,  MODIFY  OR  DENY
AUTHORIZATION  OR  REAUTHORIZATION  FOR  THE  LOCATION, ESTABLISHMENT OR
CONTINUED OPERATION OF THE SUPPORTIVE HOUSING FACILITY   OR  SUGGEST  AN
ALTERNATIVE  LOCATION FOR SUCH FACILITY. IF SUCH APPLICATION IS APPROVED
OR MODIFIED UPON APPROVAL, THE COMMUNITY BOARD SHALL OBTAIN  SUCH  DECI-
SION  AND  THE  LENGTH  OF TIME SUCH FACILITY IS AUTHORIZED TO REMAIN IN
OPERATION. SHOULD SUCH APPLICATION BE DENIED, THE SPONSOR OF SUCH APPLI-
CATION SHALL BE PRECLUDED FROM REAPPLYING FOR APPROVAL OF THE  LOCATION,

A. 2553--C                          3

ESTABLISHMENT  OR OPERATION OF SUCH FACILITY OR ANY SIMILAR TYPE FACILI-
TY, FOR A PERIOD OF TWO YEARS FROM THE DATE OF SUCH DENIAL.
  H.  THE PROVISIONS OF SUBDIVISIONS D, E, F AND G OF THIS SECTION SHALL
ONLY APPLY TO APPLICATIONS FOR THE CONTINUED OPERATION OF  A  SUPPORTIVE
HOUSING  FACILITY PURSUANT TO THIS SECTION IF THE COMMUNITY BOARD OF THE
LOCALITY IN WHICH A FACILITY IS  LOCATED  PASSES  AND  FILES  WITH  SUCH
COMMISSION  A  RESOLUTION  REQUESTING A HEARING ON SUCH RENEWAL AT LEAST
ONE HUNDRED EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LEASE OR
CONTRACT. UPON PASSAGE AND FILING OF SUCH A RESOLUTION, NO SUCH FACILITY
SHALL CONTINUE TO OPERATE UNTIL SUCH PROVISIONS OF THIS SECTION SHALL BE
COMPLIED WITH.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Assembly Bill A2553A

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Sponsored By

BENEDETTO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Matthew Titone

2015-A2553 - Details

2015-A2553 - Summary

2015-A2553 - Bill Text download pdf

co-Sponsors

Marcos Crespo

Luis R. Sepúlveda

Edward Braunstein

Francisco Moya

2015-A2553A - Details

2015-A2553A - Summary

2015-A2553A - Bill Text download pdf

co-Sponsors

Marcos Crespo

Luis R. Sepúlveda

Edward Braunstein

Francisco Moya

2015-A2553B - Details

2015-A2553B - Summary

2015-A2553B - Bill Text download pdf

co-Sponsors

Marcos Crespo

Luis R. Sepúlveda

Edward Braunstein

Francisco Moya

2015-A2553C (ACTIVE) - Details

2015-A2553C (ACTIVE) - Summary

2015-A2553C (ACTIVE) - Bill Text download pdf

Comments