NY State Senate Bill 2015-S5658

Senate Bill S5658

2015-2016 Legislative Session

Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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
Jan 06, 2016	referred to cities
May 26, 2015	referred to cities

2015-S5658 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §25-114, NYC Ad Cd; add §402-c, Pub Hous L
Versions Introduced in 2017-2018 Legislative Session:: S1990

2015-S5658 (ACTIVE) - Summary

Establishes the New York city housing authority repair certificate program to grant zoning benefits to developers which perform capital repairs to housing projects.

2015-S5658 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5658

TITLE OF BILL:

An act to amend the administrative code of the city of New York and
the public housing law, in relation to establishing the New York city
housing authority repair certificate program

PURPOSE OR GENERAL IDEA OF BILL:

This legislation establishes the New York City Housing Authority
(NYCHA) Repair Certificate Program in order to provide additional
resources for the repair and rehabilitation of NYCHA properties by
providing developers with a zoning bonus in exchange for them
contracting with NYCHA to conduct necessary repairs.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the administrative code of the city of
New York by adding a new section 25-114 that creates the New York city
housing authority repair certificate program. The City planning
commission, in cooperation with NYCHA, will establish the program.
The program will allow developers with projects in areas being upzoned
for development to apply to the commission for an floor area ratio
(FAR) bonus for a project. The commission shall determine the value of
the requested bonuses to the developers. The commission shall grant

the FAR bonus for a project after the developer has received the NYCHA
repair certificate from the Housing authority.  Ownership of these
certificates is transferable.

Section two of the bill amends the public housing law by adding a new
section 402-c that establishes the guidelines for setting up the NYCHA
repair certificate. NYCHA, in consultation with the New York city
planning commission will establish the guidelines for the program.

Certificates shall not be issued for work that would constitute
regular maintenance. Certificates can only be awarded for work that
constitutes capital repairs of projects. NYCHA shall establish an
office to administer the program. This office shall create a list of
capital repair projects and set their value and prioritize the
projects based on the urgency or importance of these capital repairs.

A developer can apply for a NYCHA repair certificate and NYCHA will,
upon ten days of applying, provide them with a list of repair projects
that are equal in value to the sought after bonus. The list will
prioritize projects based on their urgency and give priority to
projects within the same neighborhood as the project that would gain a
bonus. The applicant then has thirty days to submit which projects
they would conduct, an estimate from the developer of the cost of
completing the project and a timeline for completion. NYCHA can, upon
review, ask for a revised cost estimate and plan from the developer.

The developer can submit a revised application. If NYCHA fails to
accept this application then it must provide a developer with a reason
in writing. If NYCHA accept the application, the developer will be
awarded a certificate upon the completion of the agreed upon repair
project.


Section three of this bill sets an effective date.

JUSTIFICATION:

NYCHA is the largest housing authority in the United States, and its
over 179,000 units are home to more than 400,000 New Yorkers.
Unfortunately, conditions at many NYCHA developments are deplorable.
NYCHA has been called the worst landlord in NYC. A recent report by
the NYC Comptroller found that more than a third of all NYCHA units
had some form of deficiency. The latest NYC Housing and Vacancy Survey
found that more than 30% of NYCHA units experience water leaks, and
more than a quarter had suffered from breakdowns in heating equipment.
Not only were conditions at NYCHA apartments worse than those for any
other class of housing stock in NYC, but these figures represented a
worrying decline in the quality of NYCHA housing over the past few
years.

NYCHA needs fiscal assistance to fix these problems. The federal
government is the main source of support for capital needs at NYCHA,
but this support has been declining over the past few years as the
federal government cuts back on funds available for public housing.
Most NYCHA development are more than four decades old, and a long term
underinvestment in its stock has created a massive capital needs gap.
NYCHA currently estimates that unmet capital needs are close to $18
billion.

One way in which the massive capital needs of NYCHA can be met is by
giving private developers a stake in making resources available for
the repair of NYCHA developments. One way this can be done is through
the creation of a certificate program that will give developers a
bonus on the size of the development they can carry out in areas being
upzoned in return for conducting repairs of NYCHA projects. The New
York City Planning Commission and NYCHA will work together to create
such a program. NYCHA would create a list of necessary capital repair
projects while the Planning Commission will be responsible for setting
the value of possible FAR bonuses. NYCHA would provide certificates to
developers once they completed repairs. Ownership of these repair
certificates is transferable.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

none

EFFECTIVE DATE:

This act shall take effect on the hundred eightieth day after it shall
have become a law; provided however that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

2015-S5658 (ACTIVE) - Bill Text download pdf

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

                                  5658

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the city of New York and  the
  public  housing  law,  in  relation  to establishing the New York city
  housing authority repair certificate program

  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 25-114 to read as follows:
  S 25-114 NEW YORK CITY HOUSING AUTHORITY REPAIR  CERTIFICATE  PROGRAM.
A.  THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION  WITH  THE  NEW
YORK  CITY  HOUSING  AUTHORITY.  UNDER  SUCH  PROGRAM, THE CITY PLANNING
COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS  WHICH  INCREASE
THE  ALLOWABLE  DEVELOPMENT  IN AREAS COVERED BY A NEW YORK CITY HOUSING
AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT  TO  SECTION  FOUR  HUNDRED
TWO-C OF THE PUBLIC HOUSING LAW.
  B.  THE  CITY  PLANNING  COMMISSION  SHALL FOR EACH APPLICATION FOR AN
AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT  VALUE  OF  ANY
NEW  YORK  CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA  RATIO  THAT
MAY  BE  GRANTED  TO  THE  HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
IN THE CONSUMER PRICE INDEX FOR HOUSING  COSTS  IN  THE  NEW  YORK  CITY
METROPOLITAN AREA.
  C.  A  DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY  HOUS-
ING  AUTHORITY  REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT  TO
THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11347-01-5

S. 5658                             2

GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
ITY.
  D.  UPON  CERTIFICATION  BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
DEVELOPER HAS BEEN AWARDED  A  REPAIR  CERTIFICATE,  THE  CITY  PLANNING
COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
TO THIS SECTION.
  E.  THE  TRANSFER  OF  A  CERTIFICATE MUST BE REGISTERED WITH THE CITY
PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
  S 2. The public housing law is amended by adding a new  section  402-c
to read as follows:
  S  402-C. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY  PLANNING  COMMISSION,
SHALL  ESTABLISH  PROCEDURES  AND  GUIDELINES FOR THE AWARDING OF REPAIR
CERTIFICATES BY SUCH  AUTHORITY  TO  DEVELOPERS  WHICH  PERFORM  CAPITAL
REPAIRS  TO  A  PROJECT  OPERATED  BY THE AUTHORITY. NO SUCH CERTIFICATE
SHALL BE AWARDED BASED UPON THE PERFORMANCE  OF  ANY  WORK  WHICH  WOULD
CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION  SHALL  PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
OF CAPITAL REPAIR PROJECTS.
  2. THERE SHALL BE  ESTABLISHED,  WITHIN  THE  NEW  YORK  CITY  HOUSING
AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
TER  THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS OF
REPAIR PROJECTS, TO AUTHORITY FACILITIES, WHICH SHALL  BE  ELIGIBLE  FOR
THE  REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH REPAIR
PROJECT, AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS  URGENCY
AND/OR IMPORTANCE.
  3.  THE  OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE EACH APPLICATION
FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
C OF SECTION 25-114 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.
WITHIN  TEN  DAYS  OF RECEIVING AN APPLICATION, THE OFFICE SHALL CONTACT
THE APPLICANT AND PROVIDE IT WITH A LIST  OF  ELIGIBLE  REPAIR  PROJECTS
EQUAL  IN  VALUE  TO THE BENEFIT TO BE PROVIDED TO SUCH APPLICANT BY THE
CITY PLANNING COMMISSION. SUCH LIST SHALL, TO  THE  EXTENT  PRACTICABLE,
INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
INCLUDED  IN  THE  AREA  TO  WHICH THE REQUESTED AMENDMENT TO THE ZONING
RESOLUTION RELATES, REGARDLESS OF  THE  IMPORTANCE  OR  URGENCY  OF  THE
REPAIR  PROJECT.  PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE REPAIR PROJECTS
EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
PRIORITY.
  4. UPON RECEIPT OF A LIST FROM THE OFFICE,  AN  APPLICANT  MUST  REPLY
WITHIN  THIRTY  DAYS.  IF  THE APPLICANT FAILS TO DO SO, ITS APPLICATION
SHALL BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE  DESIGNATION
OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
CANT'S  ESTIMATE  OF  THE  COST  OF COMPLETING THE REPAIR PROJECT, AND A
TIMELINE FOR THE COMPLETION OF THE PROJECT.
  5. THE OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN  DAYS  OF
RECEIVING  AN  APPLICANT'S  REPLY,  REVIEW  THE  COSTS  AND PROJECT PLAN
SUBMITTED, AND EITHER APPROVE OR DISAPPROVE SUCH  REPLY.  IF  AN  APPLI-
CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
A  NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE. UPON
A SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION  WITHIN
FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
  6.  FOR  ANY  REPAIR  PROJECT  PLAN  THAT IS APPROVED BY THE OFFICE OF
REPAIR  CERTIFICATION  WHERE  THE  APPLICANT'S  ESTIMATED  COST  THEREOF

S. 5658                             3

EXCEEDS  THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH OFFICE
SHALL PROVIDE NOTICE TO THE CITY PLANNING  COMMISSION  THAT  THE  ZONING
VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
  7.  UPON  COMPLETION  OF THE AGREED UPON REPAIR PROJECT OR PROJECTS BY
THE APPLICANT, THE OFFICE SHALL AWARD THE  APPLICANT  A  CERTIFICATE  OF
COMPLETION  AND  PROVIDE  A COPY THEREOF TO THE CITY PLANNING COMMISSION
WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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