BILL NUMBER: S7215

SPONSOR: SAVINO
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1. The administrative code of the city of New York is amended by
adding a new section 21324. Uniform Land Use Review Procedure. The
department shall establish a process for determining if a proposal for a
homeless shelter is subject to the uniform land use review procedures
set forth in section one hundred ninety-seven-c of the charter.

If the department determines that a proposed shelter is subject to the
uniform land use review procedure set forth in section one hundred nine-
ty-seven-c of the charter, the department shall prepare an application
for such shelter to be reviewed pursuant 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 accordant with section one hundred ninety-seven-c of the charter is
approved pursuant to chapter eight of the charter.

The department shall 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 placement. Send notice of such shelter by mail and elec-
tronic 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 which the shelter is located at least one hundred twenty days
prior to such placement.

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. Such public hearing should be conducted in
the district for which the shelter is intended to be located.

This section shall not apply to the placement of shelters during a
national, state or local state of emergency, in which case, such shelter
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.

Section 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.

 
JUSTIFICATION:

Under current guidelines, all a city needs is an operating certificate
from the Office of Temporary and Disability Assistance (OTDA) to open a
homeless shelter within a community board district. The legislation
would require the city with a population of one million or more to file
an application with the Uniform Land Use Review Board with the exception
to a state or local act of emergency. This legislation would also
require the city to give a community 120-not 30-day notice to voice any
potential concerns about the proposed site. The intent of the legis-
lation is not to prevent homeless shelters from opening to assist women,
children or men with appropriate housing. This is about government tran-
sparency when community leaders, elected officials and residents raise
public safety, transportation and educational accessibility concerns
with sites of homeless shelters.

 
PRIOR LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No impact

 
EFFECTIVE DATE:
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.