S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2017
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  in relation to directing local governments to prepare and adopt
   an affordable housing plan no later than December 31, 2024
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Each local government shall prepare and adopt an affordable
 housing  plan.  For  the  purposes of this act, "local government" shall
 mean a city, town, or village. Such plan  shall  identify  the  regional
 need  for affordable housing, as well as the need for affordable housing
 within the local government. Such plan shall  specify  how  the  munici-
 pality intends to increase the number of affordable housing units in the
 region and local government. In preparing the plan, the local government
 shall  examine,  but  not  be limited to the following options to create
 affordable housing:  (a) the provision of financial assistance to  home-
 buyers;  (b)  the  production  of  affordable  housing for sale; (c) the
 production of affordable housing for rent; (d) the production of afford-
 able housing in conjunction with public/private  partnerships;  (e)  the
 rehabilitation  of  existing buildings and structures for the purpose of
 conversion to affordable housing; (f) the acquisition  of  interests  in
 real  property  in existing housing stock to produce affordable housing;
 (g) the creation of accessory dwelling units; (h) the creation of  mixed
 use  developments that include affordable housing; and (i) the provision
 of housing counseling services.
   § 2. Such plan shall adhere to the following land use principles:  (a)
 account  for  and  minimize social, economic, and environmental costs of
 new development, including infrastructure costs such as  transportation,
 sewers,  and  wastewater treatment, water, schools, recreation, and loss
 of open space and agricultural land; (b) encourage development in  areas
 where  transportation, water, and sewage infrastructure are available or
 practical; (c) protect, preserve, and  enhance  the  state's  resources,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05693-01-3
              

 A. 2017                             2
 
 including  agricultural  land,  forests,  surface  waters,  groundwater,
 recreation and open space, scenic areas, and  significant  historic  and
 archeological sites; (d) promote coordination of state and local govern-
 ment decisions and cooperation among communities to work toward the most
 efficient,  planned  and  cost-effective delivery of government services
 by, among other means, facilitating cooperative agreements  among  adja-
 cent  communities, and to coordinate planning to ensure compatibility of
 one's community development with development of neighboring communities;
 (e) strengthen communities through development and redevelopment strate-
 gies that include integration of all income and age groups,  mixed  land
 uses,  and  compact  development,  traditional neighborhood development,
 planned unit development, open space districts, downtown revitalization,
 brownfield redevelopment, enhanced beauty in public spaces, and  diverse
 and community housing in close proximity to places of employment, recre-
 ation,  and  commercial development; (f) provide transportation choices,
 including increasing public transit and alternative modes of transporta-
 tion, in order to reduce automobile dependency, traffic congestion,  and
 automobile pollution; (g) ensure predictability in building and land use
 codes;  and  (h) provide for and encourage local governments to develop,
 through a collaborative community-based effort, plans that include  long
 term  land  use  and  permit  predictability and coordination, efficient
 decision making and planning implementation.
   § 3. Such plan may include the establishment of a  map  or  maps  that
 delineate  the  affordable housing recommendations proposed by the local
 government. Such plan shall be updated at least once every  five  years.
 Such plan shall ensure that all housing created remains affordable. Such
 plan  shall provide for the equitable distribution of affordable housing
 opportunities in the local government and region. The plan shall  ensure
 that  no  community  has  an  undue  concentration of affordable housing
 opportunities that would substantially alter the character of the commu-
 nity. In determining equitable distribution of affordable housing oppor-
 tunities, existing affordable housing opportunities in a community shall
 be considered.
   § 4. (a) The governing body of the local government shall hold  public
 hearings  and other informational meetings and organize other activities
 to inform residents about the process of preparing the plan.
   (b) The governing body of the local government shall hold at least one
 public hearing on the draft plan and one public  hearing  on  the  final
 plan. The local government shall post a copy of any draft plan or amend-
 ment to such plan on the website of the local government.
   (c) The final plan shall be adopted by the governing body by local law
 or  resolution,  as  appropriate,  no  later than December 31, 2024. All
 public hearings shall be on at least ten days' notice to the public. All
 notices of public hearings shall be published in the official  newspaper
 of the local government and posted on the official signboard and website
 of  the  local government. After adoption of the plan, the local govern-
 ment shall file the final plan in the office of the clerk of such  local
 government  and  post  the  plan on the website of the local government.
 Following such adoption, the local government shall regularly review and
 maintain such plan.
   § 5. If any clause, sentence, subdivision, paragraph, section or  part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, and such decision is not reversed or is otherwise deemed  to
 be  final, such judgment shall not have the effect of rendering this act
 invalid, inoperative and void.
   § 6. This act shall take effect immediately.