S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3173
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to amend the state administrative procedure act, in relation to
   requiring housing affordability impact notes in  relation  to  certain
   rules
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state administrative procedure act is amended by adding
 a new section 202-g to read as follows:
   § 202-G. HOUSING AFFORDABILITY IMPACT  NOTES.  1.    EVERY  RULE,  THE
 PURPOSE  OR  EFFECT  OF  WHICH  IS  TO  INCREASE OR DECREASE THE COST OF
 CONSTRUCTING, PURCHASING, OWNING OR SELLING A SINGLE FAMILY RESIDENCE OR
 A MULTI-UNIT HOUSING DEVELOPMENT, EITHER DIRECTLY OR  INDIRECTLY,  SHALL
 BE  ACCOMPANIED  BY  A  BRIEF  EXPLANATORY  STATEMENT OR NOTE THAT SHALL
 INCLUDE A RELIABLE ESTIMATE OF THE ANTICIPATED IMPACT ON  SUCH  HOUSING.
 THESE STATEMENTS OR NOTES SHALL BE KNOWN AS HOUSING AFFORDABILITY IMPACT
 NOTES.
   2. EVERY STATE AGENCY, EXCLUDING THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL, THE NEW YORK STATE HOUSING FINANCE AGENCY, AND THE STATE OF NEW
 YORK MORTGAGE AGENCY, PROPOSING THE ADOPTION, REPEAL OR AMENDMENT OF ANY
 RULE  TO  WHICH SUBDIVISION ONE OF THIS SECTION APPLIES, SHALL PRESENT A
 COPY OF THE PROPOSAL, WITH  THE  REQUEST  FOR  A  HOUSING  AFFORDABILITY
 IMPACT  NOTE  TO  THE  NEW  YORK STATE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL. THE HOUSING AFFORDABILITY IMPACT NOTE SHALL BE PREPARED BY  THE
 DIVISION  AND  SUBMITTED  TO  THE  AGENCY PROPOSING THE RULE WITHIN FIVE
 CALENDAR DAYS, EXCEPT WHERE, BECAUSE OF THE COMPLEXITY OF  THE  MEASURE,
 ADDITIONAL  TIME IS REQUIRED FOR THE PREPARATION OF THE HOUSING AFFORDA-
 BILITY IMPACT NOTE. IN SUCH CASE, THE DIVISION MAY INFORM THE AGENCY AND
 THE AGENCY MAY APPROVE AN EXTENSION OF THE TIME WITHIN WHICH THE NOTE IS
 TO BE SUBMITTED, NOT TO EXCEED, HOWEVER, MORE THAN THIRTY DAYS FOLLOWING
 THE DATE OF THE REQUEST. THE DIVISION MAY SEEK ASSISTANCE FROM A  STATE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06564-01-3
              

 A. 3173                             2
 
 WIDE  TRADE  ORGANIZATION  REPRESENTING THE REAL ESTATE OR HOME BUILDING
 INDUSTRY IN THE PREPARATION OF A HOUSING AFFORDABILITY IMPACT NOTE.  IF,
 IN  THE  OPINION  OF  THE DIVISION, THERE IS INSUFFICIENT INFORMATION TO
 PREPARE  A  RELIABLE  ESTIMATE OF THE ANTICIPATED IMPACT, A STATEMENT TO
 THAT EFFECT CAN BE  FILED  AND  SHALL  MEET  THE  REQUIREMENTS  OF  THIS
 SECTION.
   3. THE NOTE SHALL BE FACTUAL IN NATURE, AS BRIEF AND CONCISE AS POSSI-
 BLE,  AND  SHALL  PROVIDE A REASONABLE ESTIMATE IN DOLLARS OF THE RULE'S
 HOUSING IMPACT. IN ADDITION, IT SHALL INCLUDE BOTH THE IMMEDIATE  EFFECT
 AND,  IF  DETERMINABLE OR REASONABLY FORESEEABLE, THE LONG RANGE EFFECTS
 OF THE MEASURE. A HOUSING AFFORDABILITY IMPACT NOTE SHALL BE PREPARED ON
 THE BASIS OF A SINGLE FAMILY RESIDENCE OR A MULTI-UNIT HOUSING  DEVELOP-
 MENT AND MAY INCLUDE AN ESTIMATE FOR A LARGER DEVELOPMENT AS AN ANALYSIS
 OF  THE LONG RANGE EFFECT OF A MEASURE. IF, AFTER CAREFUL INVESTIGATION,
 IT IS DETERMINED THAT NO DOLLAR ESTIMATE IS  POSSIBLE,  THE  NOTE  SHALL
 CONTAIN  A  STATEMENT  TO  THAT  EFFECT SETTING FORTH THE REASONS WHY NO
 DOLLAR ESTIMATE CAN BE GIVEN. A BRIEF SUMMARY OR WORK SHEET OF  COMPUTA-
 TIONS  USED  IN  ARRIVING  AT  HOUSING AFFORDABILITY IMPACT NOTE FIGURES
 SHALL BE INCLUDED.
   4. NO COMMENT OR OPINION SHALL BE INCLUDED IN THE HOUSING AFFORDABILI-
 TY IMPACT NOTE WITH REGARD TO THE MERITS OF THE MEASURE  FOR  WHICH  THE
 HOUSING  AFFORDABILITY  IMPACT  NOTE  IS PREPARED; HOWEVER, TECHNICAL OR
 MECHANICAL DEFECTS MAY BE NOTED.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.