S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7820
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced  by  M. of A. FALL -- 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  requiring  homeless  shelters to comply with the uniform
   land use review procedure
 
   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 21-324 to read as follows:
   § 21-324 UNIFORM LAND USE REVIEW PROCEDURE.   A.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL ESTABLISH A
 PROCESS  FOR DETERMINING IF A PROPOSAL FOR A HOMELESS SHELTER IS SUBJECT
 TO THE UNIFORM LAND USE  REVIEW  PROCEDURE  SET  FORTH  IN  SECTION  ONE
 HUNDRED NINETY-SEVEN-C OF THE CHARTER.
   B.  IF,  PURSUANT  TO  SUCH  PROCESS, THE DEPARTMENT DETERMINES THAT A
 PROPOSED SHELTER IS SUBJECT TO THE UNIFORM LAND USE REVIEW PROCEDURE SET
 FORTH IN SECTION ONE HUNDRED NINETY-SEVEN-C OF THE CHARTER, THE  DEPART-
 MENT SHALL PREPARE AN APPLICATION FOR SUCH SHELTER TO BE REVIEWED PURSU-
 ANT  TO SUCH PROCEDURE. ANY REQUEST FOR A SHELTER THAT IS SUBJECT TO THE
 UNIFORM LAND USE REVIEW PROCEDURE  SHALL  NOT  BE  APPROVED  UNLESS  THE
 APPLICATION  FOR  SUCH  SHELTER SUBMITTED IN ACCORDANCE WITH SECTION ONE
 HUNDRED NINETY-SEVEN-C OF THE CHARTER IS APPROVED  PURSUANT  TO  CHAPTER
 EIGHT OF THE CHARTER.
   C. THE DEPARTMENT SHALL:
   1. PUBLISH A PUBLIC NOTICE OF THE PLACEMENT OF SUCH SHELTER ONLINE AND
 IN THE CITY RECORD AT LEAST ONE HUNDRED TWENTY DAYS PRIOR TO SUCH PLACE-
 MENT;
   2.  SEND  NOTICE  OF  SUCH  SHELTER BY MAIL AND ELECTRONIC MAIL TO THE
 COMMUNITY BOARD FOR THE COMMUNITY  DISTRICT  IN  WHICH  THE  SHELTER  IS
 LOCATED,  COUNCIL  MEMBER REPRESENTING THE COUNCIL DISTRICT IN WHICH THE
 SHELTER IS LOCATED, AND BOROUGH PRESIDENT REPRESENTING  THE  BOROUGH  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11554-01-9

 A. 7820                             2
 
 WHICH  THE  SHELTER IS LOCATED AT LEAST ONE HUNDRED TWENTY DAYS PRIOR TO
 SUCH PLACEMENT;
   3.  CONDUCT  AT  LEAST  TWO  PUBLIC HEARINGS ON SUCH REQUESTED SHELTER
 PURSUANT TO THE PROCEDURES SET FORTH IN THIS  SUBDIVISION.  SUCH  PUBLIC
 HEARINGS  SHALL  OCCUR  WITHIN  THE ONE HUNDRED TWENTY-DAY NOTICE PERIOD
 PRIOR TO THE PLACEMENT OF SUCH SHELTER;
   4. REQUIRE THAT  PUBLIC  HEARINGS  SHALL  BE  HELD  IN  THE  COMMUNITY
 DISTRICT IN WHICH THE PROPERTY IS LOCATED; AND
   5.  PREPARE  AND  POST ONLINE A SUMMARY OF PUBLIC COMMENTS RECEIVED AT
 SUCH HEARINGS, ALONG WITH RESPONSES TO SUCH COMMENTS.
   D. THIS SECTION SHALL NOT APPLY TO THE PLACEMENT OF SHELTERS DURING  A
 NATIONAL,  STATE, OR LOCAL STATE OF EMERGENCY, IN WHICH CASE, SUCH SHEL-
 TER MAY BE PLACED UPON NOTICE PROVIDED TO THE DEPARTMENT. THE DEPARTMENT
 UPON RECEIVING SUCH NOTICE SHALL PUBLISH A PUBLIC NOTICE OF  THE  PLACE-
 MENT OF SUCH SHELTER ONLINE AND IN THE CITY RECORD.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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 to be made and completed
 on or before such effective date.