NY State Assembly Bill 2023-A8386

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2024	print number 8386a
May 02, 2024	amend and recommit to local governments
Jan 03, 2024	referred to local governments
Dec 13, 2023	referred to local governments

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2023-A8386 - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add §96-c, Gen Muni L

2023-A8386 - Summary

Enacts the "faith-based affordable housing act" for development on residential land; defines terms; provides that each village, town, and city shall allow the construction and occupation of residential buildings on any covered site up to the specified densities; provides that all residential buildings constructed pursuant to this section in a town, village, or city with fewer than one million inhabitants shall set aside twenty percent of the residential floor area for households earning an average of eighty percent of area median income

2023-A8386 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8386
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to  enacting  the
   "faith-based  affordable  housing  act" and residential development on
   religious land
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "faith-based affordable housing act".
   § 2. The general municipal law is amended by adding a new section 96-c
 to read as follows:
   § 96-C. RESIDENTIAL DEVELOPMENT ON RELIGIOUS LAND. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED SITE" SHALL MEAN ANY PARCEL OF LAND, OR GROUP OF  ONE  OR
 MORE  CONTIGUOUS  PARCELS  OF  LAND,  THAT  LIES WITHIN AN URBAN AREA AS
 DEFINED BY THE U.S. CENSUS BUREAU BUT DOES  NOT  LIE  WITHIN  A  LOCALLY
 DESIGNATED  MANUFACTURING  OR  INDUSTRIAL  ZONING  DISTRICT,  WHERE SUCH
 PARCEL OR GROUP OF ONE OR MORE CONTIGUOUS PARCELS OF LAND IS OWNED SOLE-
 LY, DIRECTLY OR INDIRECTLY (E.G. VIA A WHOLLY  OWNED  LIMITED  LIABILITY
 COMPANY)  BY A RELIGIOUS CORPORATION OR CORPORATIONS AS OF THE EFFECTIVE
 DATE OF THIS SECTION.
   (B) "RELIGIOUS CORPORATION" SHALL HAVE THE SAME MEANING AS DEFINED  IN
 THE  RELIGIOUS  CORPORATIONS LAW AND SHALL ALSO INCLUDE NONPROFIT CORPO-
 RATIONS THAT INCLUDE  IN  THEIR  PURPOSE  WORSHIP  OR  THE  TRAINING  OR
 CONDUCTING  OF  RELIGIOUS  RITUALS  OR THE READING OR STUDY OF RELIGIOUS
 TEXTS INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW  OR  FOREIGN
 CORPORATIONS SUBJECT TO SUCH LAW.
   (C)  "BUILDINGS  DEPARTMENT"  SHALL  MEAN  THE  CITY, TOWN, OR VILLAGE
 DEPARTMENT, DIVISION, OR OTHER AGENCY OR OFFICE  HAVING  PRIMARY  SUPER-
 VISION  OF  THE  CONSTRUCTION  OF  BUILDINGS  AND  ISSUANCE  OF BUILDING
 PERMITS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13656-04-3

 A. 8386                             2
 
   (D) "COMMISSIONER" SHALL MEAN THE  COMMISSIONER  OF  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL.
   (E)  "RESIDENTIAL  BUILDING"  SHALL MEAN ANY STRUCTURE USED IN PART OR
 ENTIRELY  FOR  FULL-TIME,  NON-TRANSIENT  RESIDENTIAL  OCCUPATION   THAT
 CONTAINS AT LEAST FOUR RESIDENTIAL UNITS; THAT IS CONNECTED TO COMMUNITY
 OR  PUBLIC WATER AND SEWERAGE SYSTEMS, INCLUDING SEWAGE TREATMENT WORKS,
 UPON DATE OF INITIAL OCCUPANCY; AND IN WHICH NO  MORE  THAN  THIRTY-FIVE
 PERCENT  OF THE FLOOR AREA IS DEVOTED TO RELIGIOUS OR EDUCATIONAL USE OR
 CHARITABLE OR COMMUNITY FACILITY USE, PROVIDED THAT ANY  EXISTING  RELI-
 GIOUS,  EDUCATIONAL,  CHARITABLE, OR COMMUNITY FACILITY FLOOR AREA SHALL
 NOT BE COUNTED TOWARD SUCH THIRTY-FIVE PERCENT  IN  THE  CASE  THAT  THE
 RESIDENTIAL  BUILDING  IS  AN  ADDITION OR AN ENLARGEMENT OF AN EXISTING
 BUILDING.
   (F) "AFFORDABLE UNIT" SHALL  MEAN  A  HOUSING  UNIT  AFFORDABLE  TO  A
 SPECIFIC  PERCENTAGE  OF  THE  APPLICABLE AREA MEDIAN INCOME, AS DEFINED
 ANNUALLY BY THE U.S. DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT.  SUCH
 UNITS MAY EITHER BE HOMEOWNERSHIP OR RENTAL UNITS.
   (G) "AFFORDABILITY PERCENTAGE" SHALL MEAN THE PERCENTAGE OF A RESIDEN-
 TIAL  BUILDING'S GROSS FLOOR AREA REQUIRED TO BE SET ASIDE AS AFFORDABLE
 HOUSING.
   (H) "AFFORDABLE FLOOR AREA" SHALL MEAN THE  AMOUNT  OF  A  RESIDENTIAL
 BUILDING'S FLOOR AREA TO BE SET ASIDE FOR AFFORDABLE UNITS.
   2.  NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW, ORDINANCE, RESOL-
 UTION OR REGULATION, EACH  VILLAGE,  TOWN,  AND  CITY  SHALL  ALLOW  THE
 CONSTRUCTION AND OCCUPATION OF RESIDENTIAL BUILDINGS ON ANY COVERED SITE
 UP  TO  THE  SPECIFIED  DENSITIES  PROVIDED  IN  THIS  SUBDIVISION. EACH
 VILLAGE, TOWN, AND CITY SHALL ALLOW SUCH CONSTRUCTION AND OCCUPATION  ON
 AN  AS-OF-RIGHT,  MINISTERIAL  BASIS,  WITHOUT  SITE  PLAN REVIEW. ADDI-
 TIONALLY, THIS SECTION SHALL NOT REDUCE OR DISALLOW  DEVELOPMENT  RIGHTS
 OR OPTIONS PROVIDED UNDER LOCAL ZONING LAWS.
   (A)  ON  ANY COVERED SITE LOCATED WITHIN A VILLAGE, TOWN, OR CITY WITH
 FEWER THAN FIFTY THOUSAND INHABITANTS, RESIDENTIAL  BUILDINGS  SHALL  BE
 ALLOWED  UP TO A HEIGHT OF THIRTY-FIVE FEET OR THE HEIGHT OF THE TALLEST
 EXISTING BUILDING ON THE COVERED SITE, WHICHEVER IS TALLER, AND UP TO  A
 DENSITY OF THIRTY RESIDENTIAL UNITS PER ACRE OR SUCH PROPORTION THEREOF.
   (B)  ON  ANY  COVERED SITE LOCATED WITHIN A VILLAGE, TOWN OR CITY WITH
 FIFTY THOUSAND OR MORE INHABITANTS BUT FEWER THAN ONE  MILLION  INHABIT-
 ANTS,  RESIDENTIAL  BUILDINGS  SHALL BE ALLOWED UP TO A HEIGHT OF FIFTY-
 FIVE FEET OR THE HEIGHT OF THE TALLEST EXISTING BUILDING ON THE  COVERED
 SITE,  WHICHEVER  IS  TALLER,  AND  UP TO A DENSITY OF FIFTY RESIDENTIAL
 UNITS PER ACRE, PROVIDED, HOWEVER, THAT IF THE COVERED SITE  IS  LOCATED
 IN  A  CITY  WITH  FIFTY THOUSAND OR MORE INHABITANTS BUT FEWER THAN ONE
 MILLION INHABITANTS AND WITHIN EIGHT HUNDRED FEET OF A  ZONING  DISTRICT
 THAT  PERMITS  A HEIGHT OR DENSITY FOR RESIDENTIAL USE GREATER THAN WHAT
 IS OTHERWISE PROVIDED FOR IN THIS PARAGRAPH, THEN SUCH CITY SHALL  ALLOW
 RESIDENTIAL  BUILDINGS  ON THE COVERED SITE UP TO THE MAXIMUM HEIGHT AND
 DENSITY PERMITTED IN SUCH ZONING DISTRICT,  OR  ALLOW  SUCH  RESIDENTIAL
 BUILDINGS  TO UTILIZE ANY OTHER OPTIONAL RULES OR REGULATIONS REGULATING
 RESIDENTIAL BULK AND HEIGHT IN SUCH ZONING DISTRICT,  PROVIDED,  HOWEVER
 THE  RESIDENTIAL  BUILDING SHALL NOT HAVE TO COMPLY WITH ANY OTHER REGU-
 LATIONS PROVIDED FOR IN SUCH ZONING DISTRICT OTHER THAN BULK AND  HEIGHT
 REGULATIONS.
   (C) ON ANY COVERED SITE LOCATED WITHIN A CITY WITH ONE MILLION OR MORE
 INHABITANTS,  RESIDENTIAL  BUILDINGS  SHALL BE ALLOWED UP TO A HEIGHT OF
 FIFTY-FIVE FEET OR THE HEIGHT OF THE TALLEST EXISTING  BUILDING  ON  THE
 COVERED  SITE,  WHICHEVER IS TALLER, AND A DENSITY OF A FLOOR AREA RATIO
 A. 8386                             3
 
 OF 2.2 SQUARE  FEET,  AS  DEFINED  BY  SUCH  CITY'S  ZONING  ORDINANCES,
 PROVIDED,  HOWEVER,  THAT  IF  THE  COVERED SITE IS LOCATED WITHIN EIGHT
 HUNDRED FEET OF A ZONING DISTRICT THAT PERMITS A HEIGHT OR  DENSITY  FOR
 RESIDENTIAL  USE  GREATER  THAN  WHAT  IS OTHERWISE PROVIDED FOR IN THIS
 PARAGRAPH, THEN THE  CITY  SHALL  ALLOW  RESIDENTIAL  BUILDINGS  ON  THE
 COVERED  SITE  UP  TO  THE  MAXIMUM HEIGHT AND DENSITY PERMITTED IN SUCH
 ZONING DISTRICT, OR ALLOW SUCH  RESIDENTIAL  BUILDINGS  TO  UTILIZE  ANY
 OTHER  OPTIONAL  RULES  OR  REGULATIONS  REGULATING RESIDENTIAL BULK AND
 HEIGHT IN SUCH ZONING DISTRICT, PROVIDED, HOWEVER THE RESIDENTIAL BUILD-
 ING SHALL NOT HAVE TO COMPLY WITH ANY OTHER REGULATIONS PROVIDED FOR  IN
 SUCH ZONING DISTRICT OTHER THAN BULK AND HEIGHT REGULATIONS.
   3.  IF  A RELIGIOUS CORPORATION DISPOSES OF LAND VIA SALE OR LEASE FOR
 DEVELOPMENT OF A RESIDENTIAL BUILDING PURSUANT TO THIS SECTION, AN OFFI-
 CER OR KEY PERSON, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-
 PROFIT CORPORATION LAW,  OF  SUCH  RELIGIOUS  CORPORATION  WHO  WILL  BE
 INVOLVED  IN  SUCH  SALE OR LEASE ON BEHALF OF THE RELIGIOUS CORPORATION
 MUST HAVE ATTENDED AND RECEIVED A CERTIFICATE OF COMPLETION OF A  TRAIN-
 ING  COURSE  ON  REAL  ESTATE  DEVELOPMENT  AND AFFORDABLE HOUSING. SUCH
 TRAINING COURSE MUST INCLUDE CONTENT REGARDING THE DEVELOPMENT  PROCESS,
 TIMELINE  AND  FUNDING  SOURCES FOR AFFORDABLE AND MIXED-INCOME HOUSING,
 THE TYPES AND SELECTION OF  VENDORS  AND  CONSULTANTS  RELATED  TO  SUCH
 DEVELOPMENT,  A  REVIEW  OF  THE STATUTORY REQUIREMENTS FOR SUCH SALE OR
 LEASE BY A RELIGIOUS CORPORATION AND OTHER INFORMATION RELEVANT TO HOUS-
 ING DEVELOPMENT AS DETERMINED BY THE COMMISSIONER. PURSUANT TO THE PROC-
 ESS REQUIRED BY SECTION TWELVE OF THE RELIGIOUS CORPORATIONS LAW  AND/OR
 SECTION  FIVE  HUNDRED  TEN  OF  THE  NOT-FOR-PROFIT CORPORATION LAW, AS
 APPLICABLE, THE RELIGIOUS CORPORATION SHALL SUBMIT TO THE  COURT  OR  TO
 THE  ATTORNEY  GENERAL A COPY OF SUCH CERTIFICATE OF COMPLETION FOR SUCH
 TRAINING AS A CONDITION OF A SALE OR LEASE OF LAND FOR HOUSING  DEVELOP-
 MENT  PURSUANT  TO  THIS  SECTION. SUCH TRAINING MAY BE CONDUCTED BY ANY
 GOVERNMENTAL ENTITY, RELIGIOUS CORPORATION, OR NONPROFIT, OR ANY  NUMBER
 OR COMBINATION OF THE FOREGOING, APPROVED BY THE COMMISSIONER.
   4.  FOR  BUILDINGS  CONSTRUCTED  PURSUANT  TO THIS SECTION, A VILLAGE,
 TOWN, OR CITY MAY REGULATE THE FOLLOWING,  PROVIDED  THE  REGULATION  IS
 REASONABLE AND APPLIED EQUALLY TO ALL RESIDENTIAL DEVELOPMENTS AND SHALL
 NOT IMPEDE THE FULL DEVELOPMENT OF THE FLOOR AREA AND HEIGHT PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION:
   (A)  THE  CONSTRUCTION OF SIDEWALKS UP TO FIVE FEET IN WIDTH AND UP TO
 FIVE FEET OF STREET LAWN OR ROAD VERGE ALONG THE PARCEL'S  STREET  FRON-
 TAGE,  INCLUDING UP TO ONE STREET TREE PER TWENTY-FIVE FEET OF FRONTAGE,
 WITH  STANDARDS  TO  CONFORM  TO   THE   STANDARD   SPECIFICATIONS   FOR
 CONSTRUCTION  AND MATERIALS PROMULGATED BY THE DEPARTMENT OF TRANSPORTA-
 TION;
   (B) UP TO TWENTY FEET OF REAR YARD AND UP TO TEN FEET OF SIDE YARDS AT
 THE BOUNDARIES OF THE COVERED SITE; AND
   (C) APPROPRIATE PLACEMENT OF CURB CUTS FOR ACCESSORY PARKING OR  LOAD-
 ING  THAT  ENSURE PUBLIC SAFETY WHILE ALSO ALLOWING REASONABLE ACCESS TO
 THE PARCEL AND THE RESIDENTIAL BUILDING.
   5. FOR RESIDENTIAL BUILDINGS CONSTRUCTED PURSUANT TO THIS  SECTION,  A
 VILLAGE,  TOWN,  OR  CITY SHALL NOT REQUIRE ANY DEVELOPMENT STANDARDS OR
 CONDITIONS OF APPROVAL, OTHER THAN STATE LAW, BUILDING, AND FIRE  CODES,
 OR  IN  THE  CASE  OF A CITY WITH ONE MILLION OR MORE INHABITANTS, LOCAL
 FIRE AND BUILDING CODES. NO VILLAGE, TOWN, OR  CITY  SHALL  REQUIRE  THE
 FOLLOWING AND ANY SUCH REQUIREMENTS SHALL BE VOID:
   (A) THE PROVISION OF ACCESSORY OFF-STREET PARKING;
   (B) MINIMUM, MAXIMUM, OR AVERAGE UNIT SIZES;
 A. 8386                             4
 
   (C)  THE  REGULATION OF THE NUMBER OF ALLOWABLE HOUSING UNITS BASED ON
 LOT SIZE OR ANY OTHER CRITERIA, OTHER THAN THE DENSITIES  PRESCRIBED  IN
 SUBDIVISION TWO OF THIS SECTION;
   (D) THE PRIORITIZATION OF HOUSING UNITS TO RESIDENTS OF CERTAIN NEIGH-
 BORHOODS OR JURISDICTIONS;
   (E) THE PRIORITIZATION OF HOUSING UNITS FOR ANY AGE GROUP;
   (F)  THE  IMPOSITION  OF  ANY  MANDATORY AFFORDABILITY REQUIREMENTS OR
 MINIMUM INCOME OR ASSET STANDARDS OTHER THAN WHAT IS OTHERWISE  PROVIDED
 FOR IN SUBDIVISION SIX OF THIS SECTION;
   (G) MINIMUM PURCHASE PRICE FOR ANY HOMEOWNERSHIP UNITS;
   (H) THE ADHERENCE TO ANY LOCAL BUILDING OR FIRE CODE BEYOND THE STAND-
 ARDS  SPECIFIED BY THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILD-
 ING CODE ACT, EXCEPT IN A CITY WITH ONE MILLION OR MORE INHABITANTS; AND
   (I) ANY OTHER REQUIREMENT THAT IS DETERMINED BY A COURT,  PURSUANT  TO
 PROCEEDINGS  BROUGHT  UNDER  SUBDIVISION NINE OF THIS SECTION, TO IMPEDE
 THE FULL DEVELOPMENT OF PERMISSIBLE RESIDENTIAL BUILDINGS ON  A  COVERED
 SITE.
   6.  (A)  NOTWITHSTANDING  THE  PROVISIONS OF ANY LOCAL LAW, ORDINANCE,
 RESOLUTION OR REGULATION, THE BUILDING  DEPARTMENT  SHALL  MINISTERIALLY
 AND WITHOUT DISCRETIONARY REVIEW OR A HEARING APPROVE AN APPLICATION FOR
 A  BUILDING PERMIT WITHIN SIXTY DAYS OF RECEIPT OF AN APPLICATION PURSU-
 ANT TO THIS SECTION.
   (B) A VILLAGE, TOWN, OR CITY SHALL NOT IMPOSE ANY  SUBSTANTIAL  BURDEN
 ON  BUILDINGS CONSTRUCTED PURSUANT TO THIS SECTION, AS COMPARED WITH NEW
 SINGLE-FAMILY RESIDENTIAL BUILDINGS, INCLUDING THE PROVISION OF  MUNICI-
 PAL SERVICES AND UTILITY ACCESS.
   (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE USE OR
 SIZE OF BUILDINGS PERMITTED BY LOCAL LAWS, REGULATIONS, OR RESOLUTIONS.
   (D) THE APPROVAL BY THE  BUILDING  DEPARTMENT  SHALL  ONLY  TAKE  INTO
 CONSIDERATION  CONFORMANCE  WITH  THIS SECTION AND APPLICABLE STATE LAWS
 AND STATE BUILDING, FIRE, AND ENERGY CODES. NO OTHER LOCAL LAW,  POLICY,
 REGULATION, OR RESOLUTION SHALL BE THE BASIS FOR THE DENIAL OF A PERMIT,
 EXCEPT  IN A CITY OF ONE MILLION OR MORE INHABITANTS, WHERE ADHERENCE TO
 LOCAL BUILDING AND FIRE CODES MAY BE REQUIRED.
   (E) NO PAYMENT GREATER THAN ONE QUARTER  DOLLAR  PER  SQUARE  FOOT  OF
 FLOOR  AREA  SHALL  BE  REQUIRED IN TOTAL FOR BUILDING AND OTHER PERMITS
 ISSUED  FOR  RESIDENTIAL  DEVELOPMENTS  CONSTRUCTED  PURSUANT  TO   THIS
 SECTION.   A TOWN, VILLAGE, OR CITY SHALL NOT CHARGE IMPACT FEES, RECRE-
 ATION FEES, OR ANY OTHER FEES BEYOND THE AMOUNT PROVIDED IN  THIS  PARA-
 GRAPH.
   (F)  NOTWITHSTANDING  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ITS IMPLEMENTING REGULATIONS, NO REVIEW OR STUDY OF THE ENVIRON-
 MENTAL IMPACT OF THE  RESIDENTIAL  BUILDING  SHALL  BE  REQUIRED  IF  IT
 CONFORMS  TO  THE  PROVISIONS  OF  THIS  SECTION, PROVIDED THE FOLLOWING
 STUDIES AND CERTIFICATIONS ARE COMPLETED AND SUBMITTED TO  THE  BUILDING
 DEPARTMENT  AND ANY STATE OR LOCAL AGENCIES AS DESIGNATED BY THE COMMIS-
 SIONER: A PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)  PURSUANT  TO  THE
 FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY
 ACT  (42  U.S.C.  CHAPTER  103);  SOIL AND WATER TESTING CONSISTENT WITH
 STANDARDS PROMULGATED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
 AND A CERTIFICATION FROM A QUALIFIED ENVIRONMENTAL  PROFESSIONAL,  WHERE
 SUCH  TERM SHALL BE DEFINED BY THE COMMISSIONER OF ENVIRONMENTAL CONSER-
 VATION PURSUANT TO REGULATION, THAT SUCH ACTION, AS PROPOSED,  WILL  NOT
 VIOLATE  ANY  STATE  WETLAND  LAWS  OR DRINKING WATER LAWS UNDER ARTICLE
 ELEVEN OF THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED
 THERETO.
 A. 8386                             5
 
   (G) FOR THE PURPOSES OF  FEES  AND  BUILDING  PERMITS,  FOR  BUILDINGS
 CONSTRUCTED PURSUANT TO THIS SECTION, A VILLAGE, TOWN, OR CITY SHALL NOT
 DISCRIMINATE  BETWEEN RENTAL UNITS AND CONDOMINIUM OR COOPERATIVE UNITS.
 NO PERMIT OR ADDITIONAL FEE SHALL BE REQUIRED AS A CONDITION FOR USE  AS
 A RENTAL APARTMENT BUILDING.
   7.  (A) ALL RESIDENTIAL BUILDINGS CONSTRUCTED PURSUANT TO THIS SECTION
 IN A TOWN, VILLAGE, OR CITY WITH  FEWER  THAN  ONE  MILLION  INHABITANTS
 SHALL  SET ASIDE TWENTY PERCENT OF THE RESIDENTIAL FLOOR AREA FOR HOUSE-
 HOLDS EARNING AN AVERAGE OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME. IN
 A CITY WITH ONE MILLION OR  MORE  INHABITANTS,  A  RESIDENTIAL  BUILDING
 SHALL  PROVIDE AFFORDABLE HOUSING BY COMPLYING WITH ONE OF THE FOLLOWING
 OPTIONS:
   (I) THE RESIDENTIAL BUILDING SHALL SET ASIDE  TWENTY-FIVE  PERCENT  OF
 ITS  RESIDENTIAL  FLOOR  AREA FOR HOUSEHOLDS EARNING AN AVERAGE OF SIXTY
 PERCENT OF THE AREA MEDIAN  INCOME  PROVIDED  THAT  A  MINIMUM  OF  FIVE
 PERCENT  OF  UNITS  ARE AFFORDABLE TO HOUSEHOLDS AT FORTY PERCENT OF THE
 AREA MEDIAN INCOME;
   (II) THE RESIDENTIAL BUILDING SHALL SET ASIDE THIRTY  PERCENT  OF  ITS
 RESIDENTIAL  FLOOR  AREA  FOR  HOUSEHOLDS  EARNING  AN AVERAGE OF EIGHTY
 PERCENT OF THE AREA MEDIAN INCOME; OR
   (III) THE RESIDENTIAL BUILDING SHALL SET ASIDE TWENTY PERCENT  OF  ITS
 RESIDENTIAL  FLOOR  AREA  FOR  HOUSEHOLDS  EARNING  AN  AVERAGE OF FORTY
 PERCENT OF THE AREA MEDIAN INCOME.
   (B) THE AMOUNT OF AFFORDABLE FLOOR AREA SHALL BE CALCULATED BY  MULTI-
 PLYING  GROSS RESIDENTIAL FLOOR AREA BY THE PERCENTAGE OF THE FLOOR AREA
 THAT MUST BE AFFORDABLE PURSUANT TO THIS PARAGRAPH. THE RESULTING  FLOOR
 AREA  MUST BE DEVOTED TO AFFORDABLE HOUSING, LESS THE APPLICABLE PROPOR-
 TION OF THE BUILDING  DEVOTED  TO  RESIDENTIAL  CIRCULATION  AND  COMMON
 SPACE,  NOT  TO EXCEED TWENTY-FIVE PERCENT OF THE AFFORDABLE FLOOR AREA.
 THE NUMBER OF REQUIRED  AFFORDABLE  UNITS  SHALL  BE  THE  AFFORDABILITY
 PERCENTAGE  MULTIPLIED  BY  THE TOTAL NUMBER OF RESIDENTIAL UNITS IN THE
 DEVELOPMENT, WITH THE PRODUCT ROUNDED TO THE NEAREST  WHOLE  NUMBER.  TO
 ACHIEVE  THE AFFORDABILITY LEVELS SPECIFIED IN THIS PARAGRAPH, BUILDINGS
 MAY CONTAIN UNITS AFFORDABLE TO A VARIETY OF INCOMES, PROVIDED  THAT  ON
 AVERAGE THE AFFORDABILITY LEVELS MEET THE REQUIREMENTS OF THIS PARAGRAPH
 AND  NO  AFFORDABLE UNIT SHALL BE RENTED TO ANY HOUSEHOLD WITH AN INCOME
 GREATER THAN ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME.
   (C) A PROPERTY CONTAINING ANY  AFFORDABLE  UNITS  MUST  BE  RESTRICTED
 USING  A  MECHANISM  SUCH AS A DECLARATION OF RESTRICTIVE COVENANTS OR A
 REGULATORY AGREEMENT WITH A LOCAL OR STATE AGENCY THAT SHALL ENSURE THAT
 THE AFFORDABLE UNITS SHALL REMAIN SUBJECT TO AFFORDABLE REGULATIONS  FOR
 THE  LIFE OF THE BUILDING. SUCH COVENANTS SHALL REQUIRE THAT THE UNIT BE
 THE PRIMARY RESIDENCE OF THE HOUSEHOLD SELECTED TO OCCUPY THE UNIT. UPON
 APPROVAL, SUCH DECLARATION OR REGULATORY  AGREEMENT  SHALL  BE  RECORDED
 AGAINST  THE  PROPERTY CONTAINING THE AFFORDABLE UNIT PRIOR TO THE ISSU-
 ANCE OF A CERTIFICATE OF OCCUPANCY FOR THE DEVELOPMENT.
   (D) THE AFFORDABLE UNITS  SHALL  BE  PHYSICALLY  INTEGRATED  INTO  THE
 DESIGN  OF  THE DEVELOPMENT AND SHALL BE DISTRIBUTED AMONG VARIOUS SIZES
 (EFFICIENCY, ONE-, TWO-, THREE- AND  FOUR-BEDROOM  UNITS)  IN  THE  SAME
 PROPORTION  AS  ALL  OTHER  UNITS  IN THE DEVELOPMENT. THE MINIMUM GROSS
 FLOOR AREA PER AFFORDABLE UNIT SHALL NOT BE LESS THAN NINETY PERCENT  OF
 THE  AVERAGE  FLOOR  AREA  OF NON-RESTRICTED HOUSING UNITS OF EQUIVALENT
 SIZE (EFFICIENCY, ONE-, TWO-, THREE-  AND  FOUR-BEDROOM  UNITS)  IN  THE
 DEVELOPMENT. AFFORDABLE UNITS SHALL BE DISTRIBUTED EVENLY AMONG FLOORS.
   (E) THE AFFORDABLE UNITS SHALL NOT BE DISTINGUISHABLE FROM OTHER UNITS
 FROM   THE   OUTSIDE   OR  BUILDING  EXTERIORS.  INTERIOR  FINISHES  AND
 A. 8386                             6
 
 FURNISHINGS SHALL BE INDISTINGUISHABLE  FROM  THE  OTHER  UNITS  IN  THE
 BUILDING.    AFFORDABLE  UNITS  SHALL  NOT  HAVE  A SEPARATE ENTRANCE OR
 DIFFERING ACCESS TO COMMON AMENITIES. BUILDINGS CONSTRUCTED PURSUANT  TO
 THIS  SECTION  MAY  NOT  CHARGE RESIDENTS OF AFFORDABLE UNITS ADDITIONAL
 FEES FOR ACCESS TO COMMON AMENITIES, IF SUCH  CHARGES  WOULD  MEAN  THAT
 TOTAL  HOUSING  COSTS  FOR SUCH UNITS WOULD EXCEED THIRTY PERCENT OF THE
 SPECIFIED PERCENTAGE OF THE AREA MEDIAN INCOME.
   (F) FOR AFFORDABLE HOMEOWNERSHIP UNITS, THE  TITLE  TO  SAID  PROPERTY
 SHALL BE RESTRICTED SO THAT IN THE EVENT OF ANY RESALE BY THE HOME BUYER
 OR ANY SUCCESSOR, THE RESALE PRICE SHALL NOT EXCEED AN AMOUNT AFFORDABLE
 TO A HOUSEHOLD AT THE SPECIFIED PERCENTAGE OF THE AREA MEDIAN INCOME.
   8.  NOTHING  IN  THIS SECTION SHALL BE INTERPRETED TO OVERRIDE THE NEW
 YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ACT, THE FRESHWATER
 WETLANDS ACT, THE PUBLIC  HEALTH  LAW,  OR  REGULATIONS  PROMULGATED  IN
 ACCORDANCE WITH ANY SUCH ACT OR LAW, NOR REQUIRE THE ALTERATION OR DEMO-
 LITION  OF  BUILDINGS  DESIGNATED AS HISTORICAL SITES OR LANDMARKS AS OF
 THE EFFECTIVE DATE OF THIS  SECTION  PURSUANT  TO  THE  NEW  YORK  STATE
 HISTORIC  PRESERVATION ACT OF 1980, AS AMENDED, OR THE NATIONAL HISTORIC
 PRESERVATION ACT OF 1966, AS AMENDED, OR THE NEW YORK CITY LANDMARKS LAW
 OF 1965, AS AMENDED.
   9. (A) UPON A FAILURE OF A LOCAL GOVERNMENT  TO  TIMELY  ACT  UPON  AN
 APPLICATION  TO  CONSTRUCT  OR OCCUPY RESIDENCES IN ACCORDANCE WITH THIS
 SECTION, OR DENIAL OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY
 PARTY AGGRIEVED BY ANY SUCH FAILURE OR DENIAL  MAY  COMMENCE  A  SPECIAL
 PROCEEDING AGAINST THE SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT
 TO  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, IN THE
 SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT
 OR THE GREATER PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   (B) IF, UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR  TO  THE
 COURT  THAT  TESTIMONY  IS  NECESSARY  FOR THE PROPER DISPOSITION OF THE
 MATTER, THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.   ALTERNA-
 TIVELY,  THE  COURT  MAY  APPOINT  A HEARING OFFICER PURSUANT TO ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT MAY DIRECT AND REPORT THE SAME TO THE COURT WITH  THE  HEARING  OFFI-
 CER'S  FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE A
 PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT  SHALL
 BE MADE. THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODI-
 FY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C)  ATTORNEYS'  FEES  AND  COSTS  SHALL  BE ALLOWED AGAINST THE LOCAL
 GOVERNMENT WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL  PROCEEDING
 IN  CASES  IN  WHICH THE DENIAL OF BUILDING PERMITS IS OVERTURNED BY THE
 COURT.
   10.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION,  A  CITY,  STATE,  OR  FEDERAL  HOUSING AGENCY MAY REGULATE THE
 DESIGN, CONSTRUCTION, OCCUPANCY, MARKETING, AND  LEASING  OF  AFFORDABLE
 HOUSING DEVELOPED PURSUANT TO THIS SECTION WHEN SUCH AGENCY IS SUBSIDIZ-
 ING  THE  OPERATIONS,  DEVELOPMENT,  OR  PRESERVATION OF THE HOUSING AND
 ENTERING INTO A REGULATORY AGREEMENT WITH THE OWNER THEREOF.
   11. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE ATTORNEY GENER-
 AL, AND THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  SHALL  HAVE  THE
 AUTHORITY TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT
 THE  PROVISIONS  OF THIS SECTION. NO LATER THAN ONE YEAR FROM THE EFFEC-
 TIVE DATE OF THIS SECTION, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 SHALL PROMULGATE RULES AND REGULATIONS INCLUDING BUT NOT LIMITED TO  THE
 FOLLOWING:
 A. 8386                             7
 
   (A)  THE  PERCENTAGE  OF  A  HOUSEHOLD'S INCOME THAT MAY BE DEVOTED TO
 HOUSING COSTS WHEN INITIALLY OCCUPYING  AN  AFFORDABLE  UNIT  AND  WHICH
 EXPENSES SHALL BE INCLUDED IN THE CALCULATION OF HOUSING COSTS;
   (B) OCCUPANCY STANDARDS FOR AFFORDABLE UNITS;
   (C)  ENFORCEMENT  MECHANISMS  TO  ENSURE  PERMANENT  AFFORDABILITY  OF
 AFFORDABLE UNITS DEVELOPED PURSUANT TO THIS SECTION;
   (D) MARKETING STANDARDS FOR AFFORDABLE UNITS CONSTRUCTED  PURSUANT  TO
 THIS SECTION, HOWEVER, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A
 CITY  OF  ONE MILLION OF MORE INHABITANTS MAY REGULATE THE MARKETING AND
 LEASING OF SUCH AFFORDABLE UNITS ACCORDING  TO  THE  STANDARD  MARKETING
 GUIDELINES PROMULGATED BY SUCH CITY'S DEPARTMENT OF HOUSING PRESERVATION
 AND DEVELOPMENT; AND
   (E)  THE  CONTENT  OF  TRAINING THAT MUST BE RECEIVED BY THE RELIGIOUS
 CORPORATION AS A CONDITION OF THE SALE OR LEASE OF LAND FOR THE DEVELOP-
 MENT OF A RESIDENTIAL BUILDING PURSUANT TO THIS SECTION.
   12. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PROVIDE  TECH-
 NICAL ASSISTANCE TO MUNICIPAL GOVERNMENTS TO AID IN THE ADHERENCE TO THE
 PROVISIONS  OF  THIS  SECTION AND WITH THE APPLICABLE REVISIONS TO LOCAL
 LAND USE REGULATIONS AND PLANS.
   § 3. This act shall take effect immediately.

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2023-A8386A (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add §96-c, Gen Muni L

2023-A8386A (ACTIVE) - Summary

2023-A8386A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8386--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced by M. of A. CUNNINGHAM, SIMONE, LEVENBERG, MITAYNES, FORREST,
   GALLAGHER,    SIMON,    HEVESI,   BORES,   SHRESTHA,   GONZALEZ-ROJAS,
   BICHOTTE HERMELYN, MAMDANI, L. ROSENTHAL, LEE, DAVILA,  THIELE,  CRUZ,
   ZACCARO,  GIBBS,  JACKSON,  MEEKS,  FAHY,  KELLES,  WEPRIN,  RAJKUMAR,
   DARLING, TAYLOR, CLARK, CHANDLER-WATERMAN, RAGA, DAIS, RAMOS,  EICHEN-
   STEIN,  DICKENS,  JEAN-PIERRE, VANEL, BURGOS -- read once and referred
   to the Committee on Local Governments -- recommitted to the  Committee
   on  Local  Governments  in  accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the general municipal law, in relation to enacting the
   "faith-based affordable housing act" and  residential  development  on
   religious land
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "faith-based affordable housing act".
   § 2. The general municipal law is amended by adding a new section 96-c
 to read as follows:
   § 96-C. RESIDENTIAL DEVELOPMENT ON RELIGIOUS LAND. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  SITE" SHALL MEAN ANY PARCEL OF LAND, OR GROUP OF ONE OR
 MORE CONTIGUOUS PARCELS OF LAND, THAT  LIES  WITHIN  AN  URBAN  AREA  AS
 DEFINED  BY  THE  U.S.  CENSUS  BUREAU BUT DOES NOT LIE WITHIN A LOCALLY
 DESIGNATED MANUFACTURING  OR  INDUSTRIAL  ZONING  DISTRICT,  WHERE  SUCH
 PARCEL OR GROUP OF ONE OR MORE CONTIGUOUS PARCELS OF LAND IS OWNED SOLE-
 LY,  DIRECTLY  OR  INDIRECTLY (E.G. VIA A WHOLLY OWNED LIMITED LIABILITY
 COMPANY) BY A RELIGIOUS CORPORATION AS OF THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   (B)  "RELIGIOUS CORPORATION" SHALL HAVE THE SAME MEANING AS DEFINED IN
 THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE  NONPROFIT  CORPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13656-08-4

 A. 8386--A                          2
 
 RATIONS  THAT  INCLUDE  IN  THEIR  PURPOSE  WORSHIP  OR  THE TRAINING OR
 CONDUCTING OF RELIGIOUS RITUALS OR THE READING  OR  STUDY  OF  RELIGIOUS
 TEXTS  INCORPORATED  UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR FOREIGN
 CORPORATIONS SUBJECT TO SUCH LAW.
   (C)  "BUILDINGS  DEPARTMENT"  SHALL  MEAN  THE  CITY, TOWN, OR VILLAGE
 DEPARTMENT, DIVISION, OR OTHER AGENCY OR OFFICE  HAVING  PRIMARY  SUPER-
 VISION  OF  THE  CONSTRUCTION  OF  BUILDINGS  AND  ISSUANCE  OF BUILDING
 PERMITS.
   (D) "COMMISSIONER" SHALL MEAN THE  COMMISSIONER  OF  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL.
   (E)  "RESIDENTIAL  BUILDING"  SHALL MEAN ANY STRUCTURE USED IN PART OR
 ENTIRELY  FOR  FULL-TIME,  NON-TRANSIENT  RESIDENTIAL  OCCUPATION   THAT
 CONTAINS AT LEAST FOUR RESIDENTIAL UNITS; THAT IS CONNECTED TO COMMUNITY
 OR  PUBLIC WATER AND SEWERAGE SYSTEMS, INCLUDING SEWAGE TREATMENT WORKS,
 UPON DATE OF INITIAL OCCUPANCY; AND IN WHICH NO  MORE  THAN  THIRTY-FIVE
 PERCENT  OF THE FLOOR AREA IS DEVOTED TO RELIGIOUS OR EDUCATIONAL USE OR
 CHARITABLE OR COMMUNITY FACILITY USE, PROVIDED THAT ANY  EXISTING  RELI-
 GIOUS,  EDUCATIONAL,  CHARITABLE, OR COMMUNITY FACILITY FLOOR AREA SHALL
 NOT BE COUNTED TOWARD SUCH THIRTY-FIVE PERCENT  IN  THE  CASE  THAT  THE
 RESIDENTIAL  BUILDING  IS  AN  ADDITION OR AN ENLARGEMENT OF AN EXISTING
 BUILDING.
   (F) "AFFORDABLE UNIT" SHALL  MEAN  A  HOUSING  UNIT  AFFORDABLE  TO  A
 SPECIFIC  PERCENTAGE  OF  THE  APPLICABLE AREA MEDIAN INCOME, AS DEFINED
 ANNUALLY BY THE U.S. DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT.  SUCH
 UNITS MAY EITHER BE HOMEOWNERSHIP OR RENTAL UNITS.
   (G) "AFFORDABILITY PERCENTAGE" SHALL MEAN THE PERCENTAGE OF A RESIDEN-
 TIAL  BUILDING'S GROSS FLOOR AREA REQUIRED TO BE SET ASIDE AS AFFORDABLE
 HOUSING.
   (H) "AFFORDABLE FLOOR AREA" SHALL MEAN THE  AMOUNT  OF  A  RESIDENTIAL
 BUILDING'S FLOOR AREA TO BE SET ASIDE FOR AFFORDABLE UNITS.
   (I)  "CONSTRUCTION" AND VARIATIONS THEREOF SHALL MEAN THE CONSTRUCTION
 OF NEW RESIDENTIAL BUILDINGS AS WELL AS THE ADDITION TO OR ALTERATION OF
 EXISTING BUILDINGS.
   2. NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW, ORDINANCE,  RESOL-
 UTION  OR  REGULATION,  EACH  VILLAGE,  TOWN,  AND  CITY SHALL ALLOW THE
 CONSTRUCTION AND OCCUPATION OF RESIDENTIAL BUILDINGS ON ANY COVERED SITE
 UP TO  THE  SPECIFIED  DENSITIES  PROVIDED  IN  THIS  SUBDIVISION.  EACH
 VILLAGE,  TOWN, AND CITY SHALL ALLOW SUCH CONSTRUCTION AND OCCUPATION ON
 AN AS-OF-RIGHT, MINISTERIAL  BASIS,  WITHOUT  SITE  PLAN  REVIEW.  ADDI-
 TIONALLY,  THIS  SECTION SHALL NOT REDUCE OR DISALLOW DEVELOPMENT RIGHTS
 OR OPTIONS PROVIDED UNDER LOCAL ZONING LAWS.
   (A) ON ANY COVERED SITE LOCATED WITHIN A VILLAGE, TOWN, OR  CITY  WITH
 FEWER  THAN  FIFTY  THOUSAND INHABITANTS, RESIDENTIAL BUILDINGS SHALL BE
 ALLOWED UP TO A HEIGHT OF THIRTY-FIVE FEET OR THE HEIGHT OF THE  TALLEST
 EXISTING  BUILDING ON THE COVERED SITE, WHICHEVER IS TALLER, AND UP TO A
 DENSITY OF THIRTY RESIDENTIAL UNITS PER ACRE OR SUCH PROPORTION THEREOF.
   (B) ON ANY COVERED SITE LOCATED WITHIN A VILLAGE, TOWN  OR  CITY  WITH
 FIFTY  THOUSAND  OR MORE INHABITANTS BUT FEWER THAN ONE MILLION INHABIT-
 ANTS, RESIDENTIAL BUILDINGS SHALL BE ALLOWED UP TO A  HEIGHT  OF  FIFTY-
 FIVE  FEET OR THE HEIGHT OF THE TALLEST EXISTING BUILDING ON THE COVERED
 SITE, WHICHEVER IS TALLER, AND UP TO  A  DENSITY  OF  FIFTY  RESIDENTIAL
 UNITS  PER  ACRE, PROVIDED, HOWEVER, THAT IF THE COVERED SITE IS LOCATED
 IN A CITY WITH FIFTY THOUSAND OR MORE INHABITANTS  BUT  FEWER  THAN  ONE
 MILLION  INHABITANTS  AND WITHIN EIGHT HUNDRED FEET OF A ZONING DISTRICT
 THAT PERMITS A HEIGHT OR DENSITY FOR RESIDENTIAL USE GREATER  THAN  WHAT
 IS  OTHERWISE PROVIDED FOR IN THIS PARAGRAPH, THEN SUCH CITY SHALL ALLOW
 A. 8386--A                          3
 
 RESIDENTIAL BUILDINGS ON THE COVERED SITE UP TO THE MAXIMUM  HEIGHT  AND
 DENSITY  PERMITTED  IN  SUCH  ZONING DISTRICT, OR ALLOW SUCH RESIDENTIAL
 BUILDINGS TO UTILIZE ANY OTHER OPTIONAL RULES OR REGULATIONS  REGULATING
 RESIDENTIAL  BULK  AND HEIGHT IN SUCH ZONING DISTRICT, PROVIDED, HOWEVER
 THE RESIDENTIAL BUILDING SHALL NOT HAVE TO COMPLY WITH ANY  OTHER  REGU-
 LATIONS  PROVIDED FOR IN SUCH ZONING DISTRICT OTHER THAN BULK AND HEIGHT
 REGULATIONS.
   (C) ON ANY COVERED SITE LOCATED WITHIN A CITY WITH ONE MILLION OR MORE
 INHABITANTS, RESIDENTIAL BUILDINGS SHALL BE ALLOWED UP TO  A  HEIGHT  OF
 FIFTY-FIVE  FEET  OR  THE HEIGHT OF THE TALLEST EXISTING BUILDING ON THE
 COVERED SITE, WHICHEVER IS TALLER, AND A DENSITY OF A FLOOR  AREA  RATIO
 OF  2.2  SQUARE  FEET,  AS  DEFINED  BY  SUCH  CITY'S ZONING ORDINANCES,
 PROVIDED, HOWEVER, THAT IF THE COVERED  SITE  IS  LOCATED  WITHIN  EIGHT
 HUNDRED  FEET  OF A ZONING DISTRICT THAT PERMITS A HEIGHT OR DENSITY FOR
 RESIDENTIAL USE GREATER THAN WHAT IS  OTHERWISE  PROVIDED  FOR  IN  THIS
 PARAGRAPH,  THEN  THE  CITY  SHALL  ALLOW  RESIDENTIAL  BUILDINGS ON THE
 COVERED SITE UP TO THE MAXIMUM HEIGHT  AND  DENSITY  PERMITTED  IN  SUCH
 ZONING  DISTRICT,  OR  ALLOW  SUCH  RESIDENTIAL BUILDINGS TO UTILIZE ANY
 OTHER OPTIONAL RULES OR  REGULATIONS  REGULATING  RESIDENTIAL  BULK  AND
 HEIGHT IN SUCH ZONING DISTRICT, PROVIDED, HOWEVER THE RESIDENTIAL BUILD-
 ING  SHALL NOT HAVE TO COMPLY WITH ANY OTHER REGULATIONS PROVIDED FOR IN
 SUCH ZONING DISTRICT OTHER THAN BULK AND HEIGHT REGULATIONS.
   3. IF A RELIGIOUS CORPORATION DISPOSES OF LAND VIA SALE OR  LEASE  FOR
 DEVELOPMENT OF A RESIDENTIAL BUILDING PURSUANT TO THIS SECTION, AN OFFI-
 CER OR KEY PERSON, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-
 PROFIT  CORPORATION  LAW,  OF  SUCH  RELIGIOUS  CORPORATION  WHO WILL BE
 INVOLVED IN SUCH SALE OR LEASE ON BEHALF OF  THE  RELIGIOUS  CORPORATION
 MUST  HAVE ATTENDED AND RECEIVED A CERTIFICATE OF COMPLETION OF A TRAIN-
 ING COURSE ON REAL  ESTATE  DEVELOPMENT  AND  AFFORDABLE  HOUSING.  SUCH
 TRAINING  COURSE MUST INCLUDE CONTENT REGARDING THE DEVELOPMENT PROCESS,
 TIMELINE AND FUNDING SOURCES FOR AFFORDABLE  AND  MIXED-INCOME  HOUSING,
 THE  TYPES  AND  SELECTION  OF  VENDORS  AND CONSULTANTS RELATED TO SUCH
 DEVELOPMENT, A REVIEW OF THE STATUTORY REQUIREMENTS  FOR  SUCH  SALE  OR
 LEASE BY A RELIGIOUS CORPORATION AND OTHER INFORMATION RELEVANT TO HOUS-
 ING DEVELOPMENT AS DETERMINED BY THE COMMISSIONER. PURSUANT TO THE PROC-
 ESS  REQUIRED BY SECTION TWELVE OF THE RELIGIOUS CORPORATIONS LAW AND/OR
 SECTION FIVE HUNDRED TEN  OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW,  AS
 APPLICABLE,  THE  RELIGIOUS  CORPORATION SHALL SUBMIT TO THE COURT OR TO
 THE ATTORNEY GENERAL A COPY OF SUCH CERTIFICATE OF COMPLETION  FOR  SUCH
 TRAINING  AS A CONDITION OF A SALE OR LEASE OF LAND FOR HOUSING DEVELOP-
 MENT PURSUANT TO THIS SECTION. SUCH TRAINING MAY  BE  CONDUCTED  BY  ANY
 GOVERNMENTAL  ENTITY, RELIGIOUS CORPORATION, OR NONPROFIT, OR ANY NUMBER
 OR COMBINATION OF THE FOREGOING, APPROVED BY THE COMMISSIONER.
   4. FOR BUILDINGS CONSTRUCTED PURSUANT  TO  THIS  SECTION,  A  VILLAGE,
 TOWN,  OR  CITY  MAY  REGULATE THE FOLLOWING, PROVIDED THE REGULATION IS
 REASONABLE AND APPLIED EQUALLY TO ALL RESIDENTIAL DEVELOPMENTS AND SHALL
 NOT IMPEDE THE FULL DEVELOPMENT OF THE FLOOR AREA AND HEIGHT PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION:
   (A) THE CONSTRUCTION OF SIDEWALKS UP TO FIVE FEET IN WIDTH AND  UP  TO
 FIVE  FEET  OF STREET LAWN OR ROAD VERGE ALONG THE PARCEL'S STREET FRON-
 TAGE, INCLUDING UP TO ONE STREET TREE PER TWENTY-FIVE FEET OF  FRONTAGE,
 WITH   STANDARDS   TO   CONFORM   TO  THE  STANDARD  SPECIFICATIONS  FOR
 CONSTRUCTION AND MATERIALS PROMULGATED BY THE DEPARTMENT OF  TRANSPORTA-
 TION;
   (B) UP TO TWENTY FEET OF REAR YARD AND UP TO TEN FEET OF SIDE YARDS AT
 THE BOUNDARIES OF THE COVERED SITE; AND
 A. 8386--A                          4
 
   (C)  APPROPRIATE PLACEMENT OF CURB CUTS FOR ACCESSORY PARKING OR LOAD-
 ING THAT ENSURE PUBLIC SAFETY WHILE ALSO ALLOWING REASONABLE  ACCESS  TO
 THE PARCEL AND THE RESIDENTIAL BUILDING.
   5.  FOR  RESIDENTIAL BUILDINGS CONSTRUCTED PURSUANT TO THIS SECTION, A
 VILLAGE, TOWN, OR CITY SHALL NOT REQUIRE ANY  DEVELOPMENT  STANDARDS  OR
 CONDITIONS  OF APPROVAL, OTHER THAN STATE LAW, BUILDING, AND FIRE CODES,
 OR IN THE CASE OF A CITY WITH ONE MILLION  OR  MORE  INHABITANTS,  LOCAL
 FIRE  AND  BUILDING  CODES.  NO VILLAGE, TOWN, OR CITY SHALL REQUIRE THE
 FOLLOWING AND ANY SUCH REQUIREMENTS SHALL BE VOID:
   (A) THE PROVISION OF ACCESSORY OFF-STREET PARKING;
   (B) MINIMUM, MAXIMUM, OR AVERAGE UNIT SIZES;
   (C) THE REGULATION OF THE NUMBER OF ALLOWABLE HOUSING UNITS  BASED  ON
 LOT  SIZE  OR ANY OTHER CRITERIA, OTHER THAN THE DENSITIES PRESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION;
   (D) THE PRIORITIZATION OF HOUSING UNITS TO RESIDENTS OF CERTAIN NEIGH-
 BORHOODS OR JURISDICTIONS;
   (E) THE PRIORITIZATION OF HOUSING UNITS FOR ANY AGE GROUP;
   (F) THE IMPOSITION OF  ANY  MANDATORY  AFFORDABILITY  REQUIREMENTS  OR
 MINIMUM  INCOME OR ASSET STANDARDS OTHER THAN WHAT IS OTHERWISE PROVIDED
 FOR IN SUBDIVISION SEVEN OF THIS SECTION;
   (G) MINIMUM PURCHASE PRICE FOR ANY HOMEOWNERSHIP UNITS;
   (H) THE ADHERENCE TO ANY LOCAL BUILDING OR FIRE CODE BEYOND THE STAND-
 ARDS SPECIFIED BY THE NEW YORK STATE UNIFORM FIRE PREVENTION AND  BUILD-
 ING CODE ACT, EXCEPT IN A CITY WITH ONE MILLION OR MORE INHABITANTS; AND
   (I)  ANY  OTHER REQUIREMENT THAT IS DETERMINED BY A COURT, PURSUANT TO
 PROCEEDINGS BROUGHT UNDER SUBDIVISION NINE OF THIS  SECTION,  TO  IMPEDE
 THE  FULL  DEVELOPMENT OF PERMISSIBLE RESIDENTIAL BUILDINGS ON A COVERED
 SITE.
   6. (A) NOTWITHSTANDING THE PROVISIONS OF  ANY  LOCAL  LAW,  ORDINANCE,
 RESOLUTION  OR  REGULATION,  THE BUILDING DEPARTMENT SHALL MINISTERIALLY
 AND WITHOUT DISCRETIONARY REVIEW OR A HEARING PROCESS AN APPLICATION FOR
 A BUILDING PERMIT WITHIN SIXTY DAYS OF RECEIPT OF AN APPLICATION  PURSU-
 ANT TO THIS SECTION.
   (B)  A  VILLAGE, TOWN, OR CITY SHALL NOT IMPOSE ANY SUBSTANTIAL BURDEN
 ON BUILDINGS CONSTRUCTED PURSUANT TO THIS SECTION, AS COMPARED WITH  NEW
 SINGLE-FAMILY  RESIDENTIAL BUILDINGS, INCLUDING THE PROVISION OF MUNICI-
 PAL SERVICES AND UTILITY ACCESS.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT THE USE  OR
 SIZE  OF  BUILDINGS  PERMITTED AT A GREATER HEIGHT AND/OR BULK THAN THAT
 ALLOWED BY THIS SECTION UNDER LOCAL LAW, REGULATION, OR RESOLUTION.
   (D) THE APPROVAL BY THE  BUILDING  DEPARTMENT  SHALL  ONLY  TAKE  INTO
 CONSIDERATION  CONFORMANCE  WITH  THIS SECTION AND APPLICABLE STATE LAWS
 AND STATE BUILDING, FIRE, AND ENERGY CODES. NO OTHER LOCAL LAW,  POLICY,
 REGULATION, OR RESOLUTION SHALL BE THE BASIS FOR THE DENIAL OF A PERMIT,
 EXCEPT  IN A CITY OF ONE MILLION OR MORE INHABITANTS, WHERE ADHERENCE TO
 LOCAL BUILDING AND FIRE CODES MAY BE REQUIRED.
   (E) NO PAYMENT GREATER THAN ONE QUARTER  DOLLAR  PER  SQUARE  FOOT  OF
 FLOOR  AREA  SHALL  BE  REQUIRED IN TOTAL FOR BUILDING AND OTHER PERMITS
 ISSUED  FOR  RESIDENTIAL  DEVELOPMENTS  CONSTRUCTED  PURSUANT  TO   THIS
 SECTION.   A TOWN, VILLAGE, OR CITY SHALL NOT CHARGE IMPACT FEES, RECRE-
 ATION FEES, OR ANY OTHER FEES BEYOND THE AMOUNT PROVIDED IN  THIS  PARA-
 GRAPH.
   (F)  (I)  NOTWITHSTANDING ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
 TION LAW AND  ITS  IMPLEMENTING  REGULATIONS,  NO  ENVIRONMENTAL  IMPACT
 STATEMENT FOR A RESIDENTIAL BUILDING SHALL BE REQUIRED IF IT CONFORMS TO
 THE  PROVISIONS  OF  THIS  SECTION,  PROVIDED  THE FOLLOWING STUDIES AND
 A. 8386--A                          5
 
 CERTIFICATIONS ARE COMPLETED AND SUBMITTED TO  THE  BUILDING  DEPARTMENT
 AND  ANY  STATE  OR  LOCAL AGENCIES AS DESIGNATED BY THE COMMISSIONER: A
 PHASE I ENVIRONMENTAL SITE ASSESSMENT  (ESA)  PURSUANT  TO  THE  FEDERAL
 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42
 U.S.C.  CHAPTER  103);  SOIL AND WATER TESTING CONSISTENT WITH STANDARDS
 PROMULGATED BY THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION;  AND  A
 CERTIFICATION  FROM  A  QUALIFIED ENVIRONMENTAL PROFESSIONAL, WHERE SUCH
 TERM SHALL BE DEFINED BY THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION
 PURSUANT  TO REGULATION, THAT SUCH ACTION, AS PROPOSED, WILL NOT VIOLATE
 ANY STATE WETLAND LAWS OR DRINKING WATER LAWS UNDER  ARTICLE  ELEVEN  OF
 THE PUBLIC HEALTH LAW, OR ANY RULES OR REGULATIONS PROMULGATED THERETO.
   (II)  PROVIDED  FURTHER THAT ENVIRONMENTAL IMPACT STATEMENTS COMPLETED
 PURSUANT TO ARTICLE EIGHT OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  FOR
 PROPOSED  ACTIONS OTHER THAN THE CONSTRUCTION AND OCCUPATION OF RESIDEN-
 TIAL BUILDINGS MADE POSSIBLE BY THIS SECTION, WHICH ARE COMPLETED ON  OR
 AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION, SHALL NOT BE REQUIRED TO
 CONSIDER THE AS-OF-RIGHT  CONSTRUCTION  AND  OCCUPATION  OF  RESIDENTIAL
 BUILDINGS MADE POSSIBLE BY THIS SECTION ON SUCH OTHER ACTIONS.
   (G)  FOR  THE  PURPOSES  OF  FEES  AND BUILDING PERMITS, FOR BUILDINGS
 CONSTRUCTED PURSUANT TO THIS SECTION, A VILLAGE, TOWN, OR CITY SHALL NOT
 DISCRIMINATE BETWEEN RENTAL UNITS AND CONDOMINIUM OR COOPERATIVE  UNITS.
 NO  PERMIT OR ADDITIONAL FEE SHALL BE REQUIRED AS A CONDITION FOR USE AS
 A RENTAL APARTMENT BUILDING.
   7. (A) ALL RESIDENTIAL BUILDINGS CONSTRUCTED PURSUANT TO THIS  SECTION
 IN  A  TOWN,  VILLAGE,  OR  CITY WITH FEWER THAN ONE MILLION INHABITANTS
 SHALL SET ASIDE AT LEAST TWENTY PERCENT OF THE  RESIDENTIAL  FLOOR  AREA
 FOR  HOUSEHOLDS  EARNING AN AVERAGE OF EIGHTY PERCENT OF THE AREA MEDIAN
 INCOME. IN A CITY WITH ONE MILLION OR MORE  INHABITANTS,  A  RESIDENTIAL
 BUILDING  SHALL  PROVIDE AFFORDABLE HOUSING BY COMPLYING WITH ONE OF THE
 FOLLOWING OPTIONS:
   (I) THE RESIDENTIAL BUILDING SHALL  SET  ASIDE  AT  LEAST  TWENTY-FIVE
 PERCENT  OF ITS RESIDENTIAL FLOOR AREA FOR HOUSEHOLDS EARNING AN AVERAGE
 OF SIXTY PERCENT OF THE AREA MEDIAN INCOME PROVIDED THAT  A  MINIMUM  OF
 FIVE  PERCENT  OF UNITS ARE AFFORDABLE TO HOUSEHOLDS AT FORTY PERCENT OF
 THE AREA MEDIAN INCOME;
   (II) THE RESIDENTIAL BUILDING SHALL SET ASIDE AT LEAST THIRTY  PERCENT
 OF  ITS  RESIDENTIAL  FLOOR  AREA  FOR  HOUSEHOLDS EARNING AN AVERAGE OF
 EIGHTY PERCENT OF THE AREA MEDIAN INCOME; OR
   (III) THE RESIDENTIAL BUILDING SHALL SET ASIDE AT LEAST TWENTY PERCENT
 OF ITS RESIDENTIAL FLOOR AREA FOR HOUSEHOLDS EARNING AN AVERAGE OF FORTY
 PERCENT OF THE AREA MEDIAN INCOME.
   (B) THE AMOUNT OF AFFORDABLE FLOOR AREA SHALL BE CALCULATED BY  MULTI-
 PLYING  GROSS RESIDENTIAL FLOOR AREA BY THE PERCENTAGE OF THE FLOOR AREA
 THAT MUST BE AFFORDABLE PURSUANT TO THIS PARAGRAPH. THE RESULTING  FLOOR
 AREA  MUST BE DEVOTED TO AFFORDABLE HOUSING, LESS THE APPLICABLE PROPOR-
 TION OF THE BUILDING  DEVOTED  TO  RESIDENTIAL  CIRCULATION  AND  COMMON
 SPACE,  NOT  TO EXCEED TWENTY-FIVE PERCENT OF THE AFFORDABLE FLOOR AREA.
 THE NUMBER OF REQUIRED  AFFORDABLE  UNITS  SHALL  BE  THE  AFFORDABILITY
 PERCENTAGE  MULTIPLIED  BY  THE TOTAL NUMBER OF RESIDENTIAL UNITS IN THE
 DEVELOPMENT, WITH THE PRODUCT ROUNDED TO THE NEAREST  WHOLE  NUMBER.  TO
 ACHIEVE  THE AFFORDABILITY LEVELS SPECIFIED IN THIS PARAGRAPH, BUILDINGS
 MAY CONTAIN UNITS AFFORDABLE TO A VARIETY OF INCOMES, PROVIDED  THAT  ON
 AVERAGE THE AFFORDABILITY LEVELS MEET THE REQUIREMENTS OF THIS PARAGRAPH
 AND  NO  AFFORDABLE UNIT SHALL BE RENTED TO ANY HOUSEHOLD WITH AN INCOME
 GREATER THAN ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME.  NOTHING  IN
 THIS  SUBDIVISION  SHALL BE CONSTRUED TO PROHIBIT THE INCLUSION OF ADDI-
 A. 8386--A                          6
 
 TIONAL AFFORDABLE FLOOR AREA IN A  RESIDENTIAL  BUILDING  ON  A  COVERED
 SITE, AT THE DISCRETION OF THE OWNER OF SUCH BUILDING.
   (C)  A  PROPERTY  CONTAINING  ANY  AFFORDABLE UNITS MUST BE RESTRICTED
 USING A MECHANISM SUCH AS A DECLARATION OF RESTRICTIVE  COVENANTS  OR  A
 REGULATORY AGREEMENT WITH A LOCAL OR STATE AGENCY THAT SHALL ENSURE THAT
 THE  AFFORDABLE UNITS SHALL REMAIN SUBJECT TO AFFORDABLE REGULATIONS FOR
 THE LIFE OF THE BUILDING. SUCH COVENANTS SHALL REQUIRE THAT THE UNIT  BE
 THE PRIMARY RESIDENCE OF THE HOUSEHOLD SELECTED TO OCCUPY THE UNIT. UPON
 APPROVAL,  SUCH  DECLARATION  OR  REGULATORY AGREEMENT SHALL BE RECORDED
 AGAINST THE PROPERTY CONTAINING THE AFFORDABLE UNIT PRIOR TO  THE  ISSU-
 ANCE OF A CERTIFICATE OF OCCUPANCY FOR THE DEVELOPMENT.
   (D)  THE  AFFORDABLE  UNITS  SHALL  BE  PHYSICALLY INTEGRATED INTO THE
 DESIGN OF THE DEVELOPMENT AND SHALL BE DISTRIBUTED AMONG  VARIOUS  SIZES
 (EFFICIENCY,  ONE-,  TWO-,  THREE-  AND  FOUR-BEDROOM UNITS) IN THE SAME
 PROPORTION AS ALL OTHER UNITS IN  THE  DEVELOPMENT.  THE  MINIMUM  GROSS
 FLOOR  AREA PER AFFORDABLE UNIT SHALL NOT BE LESS THAN NINETY PERCENT OF
 THE AVERAGE FLOOR AREA OF NON-RESTRICTED  HOUSING  UNITS  OF  EQUIVALENT
 SIZE  (EFFICIENCY,  ONE-,  TWO-,  THREE-  AND FOUR-BEDROOM UNITS) IN THE
 DEVELOPMENT. AFFORDABLE UNITS SHALL BE DISTRIBUTED EVENLY AMONG FLOORS.
   (E) THE AFFORDABLE UNITS SHALL NOT BE DISTINGUISHABLE FROM OTHER UNITS
 FROM  THE  OUTSIDE  OR  BUILDING  EXTERIORS.   INTERIOR   FINISHES   AND
 FURNISHINGS  SHALL  BE  INDISTINGUISHABLE  FROM  THE  OTHER UNITS IN THE
 BUILDING.   AFFORDABLE UNITS SHALL  NOT  HAVE  A  SEPARATE  ENTRANCE  OR
 DIFFERING  ACCESS TO COMMON AMENITIES. BUILDINGS CONSTRUCTED PURSUANT TO
 THIS SECTION MAY NOT CHARGE RESIDENTS  OF  AFFORDABLE  UNITS  ADDITIONAL
 FEES  FOR  ACCESS  TO  COMMON AMENITIES, IF SUCH CHARGES WOULD MEAN THAT
 TOTAL HOUSING COSTS FOR SUCH UNITS WOULD EXCEED THIRTY  PERCENT  OF  THE
 SPECIFIED PERCENTAGE OF THE AREA MEDIAN INCOME.
   (F)  FOR  AFFORDABLE  HOMEOWNERSHIP  UNITS, THE TITLE TO SAID PROPERTY
 SHALL BE RESTRICTED SO THAT IN THE EVENT OF ANY RESALE BY THE HOME BUYER
 OR ANY SUCCESSOR, THE RESALE PRICE SHALL NOT EXCEED AN AMOUNT AFFORDABLE
 TO A HOUSEHOLD AT THE SPECIFIED PERCENTAGE OF THE AREA MEDIAN INCOME.
   8. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO  OVERRIDE  THE  NEW
 YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ACT, THE FRESHWATER
 WETLANDS  ACT,  THE PUBLIC HEALTH LAW, OR ANY REGULATIONS, RESTRICTIONS,
 LIMITATIONS, OR CONDITIONS, EXISTING AS OF THE EFFECTIVE  DATE  OF  THIS
 SECTION,  WHICH  HAVE  BEEN  PLACED  UPON A SITE, BUILDING, OR STRUCTURE
 DESIGNATED AS A LANDMARK OR CONTAINING AN  INTERIOR  LANDMARK  OR  IN  A
 HISTORIC  DISTRICT UNDER ANY LOCAL LAW, REGULATION, RESOLUTION, OR ORDI-
 NANCE GOVERNING THE  DEMOLITION,  CONSTRUCTION,  RECONSTRUCTION,  ALTER-
 ATION, AND/OR OTHER WORK ON OR NEAR SUCH SITE, BUILDING, OR STRUCTURE.
   9.  (A)  UPON  A  FAILURE  OF A LOCAL GOVERNMENT TO TIMELY ACT UPON AN
 APPLICATION TO CONSTRUCT OR OCCUPY RESIDENCES IN  ACCORDANCE  WITH  THIS
 SECTION, OR DENIAL OF SUCH APPLICATION IN VIOLATION OF THIS SECTION, ANY
 PARTY  AGGRIEVED  BY  ANY  SUCH FAILURE OR DENIAL MAY COMMENCE A SPECIAL
 PROCEEDING AGAINST THE SUBJECT LOCAL GOVERNMENT AND THE OFFICER PURSUANT
 TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW  AND  RULES,  IN  THE
 SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH THE LOCAL GOVERNMENT
 OR THE GREATER PORTION OF THE TERRITORY IS LOCATED, TO COMPEL COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION.
   (B)  IF,  UPON COMMENCEMENT OF SUCH PROCEEDING, IT SHALL APPEAR TO THE
 COURT THAT TESTIMONY IS NECESSARY FOR  THE  PROPER  DISPOSITION  OF  THE
 MATTER,  THE COURT MAY TAKE EVIDENCE AND DETERMINE THE MATTER.  ALTERNA-
 TIVELY, THE COURT MAY APPOINT A  HEARING  OFFICER  PURSUANT  TO  ARTICLE
 FORTY-THREE OF THE CIVIL PRACTICE LAW AND RULES TO TAKE SUCH EVIDENCE AS
 IT  MAY  DIRECT  AND REPORT THE SAME TO THE COURT WITH THE HEARING OFFI-
 A. 8386--A                          7
 
 CER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH SHALL CONSTITUTE  A
 PART  OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL
 BE MADE. THE COURT MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODI-
 FY ANY DECISION BROUGHT TO THE COURT FOR REVIEW.
   (C)  ATTORNEYS'  FEES  AND  COSTS  SHALL  BE ALLOWED AGAINST THE LOCAL
 GOVERNMENT WHOSE FAILURE OR REFUSAL GAVE RISE TO THE SPECIAL  PROCEEDING
 IN  CASES  IN  WHICH THE DENIAL OF BUILDING PERMITS IS OVERTURNED BY THE
 COURT.
   10.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION,  A  CITY,  STATE,  OR  FEDERAL  HOUSING AGENCY MAY REGULATE THE
 DESIGN, CONSTRUCTION, OCCUPANCY, MARKETING, AND  LEASING  OF  AFFORDABLE
 HOUSING DEVELOPED PURSUANT TO THIS SECTION WHEN SUCH AGENCY IS SUBSIDIZ-
 ING  THE  OPERATIONS,  DEVELOPMENT,  OR  PRESERVATION OF THE HOUSING AND
 ENTERING INTO A REGULATORY AGREEMENT WITH THE OWNER THEREOF.
   11. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE ATTORNEY GENER-
 AL, AND THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  SHALL  HAVE  THE
 AUTHORITY TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT
 THE  PROVISIONS  OF THIS SECTION. NO LATER THAN ONE YEAR FROM THE EFFEC-
 TIVE DATE OF THIS SECTION, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 SHALL PROMULGATE RULES AND REGULATIONS INCLUDING BUT NOT LIMITED TO  THE
 FOLLOWING:
   (A)  THE  PERCENTAGE  OF  A  HOUSEHOLD'S INCOME THAT MAY BE DEVOTED TO
 HOUSING COSTS WHEN INITIALLY OCCUPYING  AN  AFFORDABLE  UNIT  AND  WHICH
 EXPENSES SHALL BE INCLUDED IN THE CALCULATION OF HOUSING COSTS;
   (B) OCCUPANCY STANDARDS FOR AFFORDABLE UNITS;
   (C)  ENFORCEMENT  MECHANISMS  TO  ENSURE  PERMANENT  AFFORDABILITY  OF
 AFFORDABLE UNITS DEVELOPED PURSUANT TO THIS SECTION;
   (D) MARKETING STANDARDS FOR AFFORDABLE UNITS CONSTRUCTED  PURSUANT  TO
 THIS  SECTION,  PROVIDED,  HOWEVER,  THAT  A CITY OF ONE MILLION OR MORE
 INHABITANTS MAY REGULATE THE MARKETING AND LEASING  OF  SUCH  AFFORDABLE
 UNITS ACCORDING TO THE STANDARD MARKETING GUIDELINES PROMULGATED BY SUCH
 CITY'S  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, AND PROVIDED
 FURTHER THAT MARKETING STANDARDS FOR ALL UNITS CONSTRUCTED  PURSUANT  TO
 THIS  SECTION  MUST  INCLUDE  A  REQUIREMENT THAT THEY BE LEASED OR SOLD
 WITHOUT CONSIDERATION OF AN APPLICANT'S RELIGIOUS BELIEFS  AND/OR  PRAC-
 TICES; AND
   (E)  THE  CONTENT  OF  TRAINING THAT MUST BE RECEIVED BY THE RELIGIOUS
 CORPORATION AS A CONDITION OF THE SALE OR LEASE OF LAND FOR THE DEVELOP-
 MENT OF A RESIDENTIAL BUILDING PURSUANT TO THIS SECTION.
   12. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PROVIDE  TECH-
 NICAL ASSISTANCE TO MUNICIPAL GOVERNMENTS TO AID IN THE ADHERENCE TO THE
 PROVISIONS  OF  THIS  SECTION AND WITH THE APPLICABLE REVISIONS TO LOCAL
 LAND USE REGULATIONS AND PLANS.
   § 3. This act shall take effect immediately.

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Assembly Bill A8386

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A8386 - Details

2023-A8386 - Summary

2023-A8386 - Bill Text download pdf

co-Sponsors

2023-A8386A (ACTIVE) - Details

2023-A8386A (ACTIVE) - Summary

2023-A8386A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8386

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Sponsored By

CUNNINGHAM

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Tony Simone

Dana Levenberg

Marcela Mitaynes

Phara Souffrant Forrest

2023-A8386 - Details

2023-A8386 - Summary

2023-A8386 - Bill Text download pdf

co-Sponsors

Tony Simone

Dana Levenberg

Marcela Mitaynes

Phara Souffrant Forrest

2023-A8386A (ACTIVE) - Details

2023-A8386A (ACTIVE) - Summary

2023-A8386A (ACTIVE) - Bill Text download pdf

Comments