S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    890
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of A. GIBBS, TAYLOR -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the administrative code of the city of New York and  the
   public  housing  law,  in  relation  to establishing the New York city
   housing authority repair certificate program

   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 25-120 to read as follows:
   § 25-120 NEW YORK CITY HOUSING AUTHORITY REPAIR  CERTIFICATE  PROGRAM.
 A.  THE CITY PLANNING COMMISSION SHALL ESTABLISH THE NEW YORK CITY HOUS-
 ING AUTHORITY REPAIR CERTIFICATE PROGRAM, IN COOPERATION  WITH  THE  NEW
 YORK  CITY  HOUSING  AUTHORITY.  UNDER  SUCH  PROGRAM, THE CITY PLANNING
 COMMISSION SHALL GRANT AMENDMENTS TO ZONING RESOLUTIONS  WHICH  INCREASE
 THE  ALLOWABLE  DEVELOPMENT  IN AREAS COVERED BY A NEW YORK CITY HOUSING
 AUTHORITY REPAIR CERTIFICATE ISSUED PURSUANT  TO  SECTION  FOUR  HUNDRED
 TWO-G OF THE PUBLIC HOUSING LAW.
   B.  THE  CITY  PLANNING  COMMISSION  SHALL FOR EACH APPLICATION FOR AN
 AMENDMENT OF A ZONING RESOLUTION, ESTABLISH THE PER FOOT  VALUE  OF  ANY
 NEW  YORK  CITY HOUSING AUTHORITY REPAIR CERTIFICATE ISSUED IN THE AREAS
 COVERED BY SUCH AMENDMENT AND THE MAXIMUM ALLOWED FOOT AREA  RATIO  THAT
 MAY  BE  GRANTED  TO  THE  HOLDER OF SUCH CERTIFICATE IN THE NEWLY ZONED
 AREA. SUCH PER FOOT VALUE SHALL BE UPDATED ANNUALLY BASED UPON INCREASES
 IN THE CONSUMER PRICE INDEX FOR HOUSING  COSTS  IN  THE  NEW  YORK  CITY
 METROPOLITAN AREA.
   C.  A  DEVELOPER WHO SEEKS TO OBTAIN AN INCREASED FOOT AREA RATIO IN A
 NEWLY ZONED AREA, BY MEANS OF BEING THE HOLDER OF A NEW YORK CITY  HOUS-
 ING  AUTHORITY  REPAIR CERTIFICATE, SHALL SUBMIT AN APPLICATION THEREFOR
 TO THE CITY PLANNING COMMISSION. SUCH COMMISSION SHALL WITHIN SEVEN DAYS
 OF RECEIVING AN APPLICATION PURSUANT TO THIS SUBDIVISION, FORWARD IT  TO
 THE NEW YORK CITY HOUSING AUTHORITY, ALONG WITH THE PER FOOT VALUE TO BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01918-01-3
              

 A. 890                              2
 
 GRANTED IF THE APPLICANT RECEIVES A REPAIR CERTIFICATE FROM SUCH AUTHOR-
 ITY.
   D.  UPON  CERTIFICATION  BY THE NEW YORK CITY HOUSING AUTHORITY THAT A
 DEVELOPER HAS BEEN AWARDED  A  REPAIR  CERTIFICATE,  THE  CITY  PLANNING
 COMMISSION SHALL APPROVE SUCH DEVELOPER'S APPLICATION SUBMITTED PURSUANT
 TO THIS SECTION.
   E.  THE  TRANSFER  OF  A  CERTIFICATE MUST BE REGISTERED WITH THE CITY
 PLANNING COMMISSION WITHIN SEVEN DAYS OF THE TRANSFER.
   § 2. The public housing law is amended by adding a new  section  402-g
 to read as follows:
   §  402-G. ISSUANCE OF REPAIR CERTIFICATE. 1. THE NEW YORK CITY HOUSING
 AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY  PLANNING  COMMISSION,
 SHALL  ESTABLISH  PROCEDURES  AND  GUIDELINES FOR THE AWARDING OF REPAIR
 CERTIFICATES BY SUCH  AUTHORITY  TO  DEVELOPERS  WHICH  PERFORM  CAPITAL
 REPAIRS  TO  A  PROJECT  OPERATED  BY THE AUTHORITY. NO SUCH CERTIFICATE
 SHALL BE AWARDED BASED UPON THE PERFORMANCE  OF  ANY  WORK  WHICH  WOULD
 CONSTITUTE REGULAR MAINTENANCE UPON ANY PROJECT OPERATED BY SUCH AUTHOR-
 ITY. THE PROCEDURES AND GUIDELINES ESTABLISHED PURSUANT TO THIS SUBDIVI-
 SION  SHALL  PROVIDE MAXIMUM ALLOWABLE COSTS FOR VARIOUS KINDS AND TYPES
 OF CAPITAL REPAIR PROJECTS.
   2. THERE SHALL BE  ESTABLISHED,  WITHIN  THE  NEW  YORK  CITY  HOUSING
 AUTHORITY, AN OFFICE OF REPAIR CERTIFICATION. SUCH OFFICE SHALL ADMINIS-
 TER  THE REPAIR CERTIFICATE PROGRAM. THE OFFICE SHALL ESTABLISH LISTS OF
 REPAIR PROJECTS, TO AUTHORITY FACILITIES, WHICH SHALL  BE  ELIGIBLE  FOR
 THE  REPAIR CERTIFICATE PROGRAM, THE ESTIMATED VALUE OF EACH SUCH REPAIR
 PROJECT, AND THE PRIORITY OF EACH REPAIR PROJECT BASED UPON ITS  URGENCY
 AND/OR IMPORTANCE.
   3.  THE  OFFICE OF REPAIR CERTIFICATION SHALL RECEIVE EACH APPLICATION
 FORWARDED TO THE NEW YORK CITY HOUSING AUTHORITY PURSUANT TO SUBDIVISION
 C OF SECTION 25-120 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.
 WITHIN  TEN  DAYS  OF RECEIVING AN APPLICATION, THE OFFICE SHALL CONTACT
 THE APPLICANT AND PROVIDE IT WITH A LIST  OF  ELIGIBLE  REPAIR  PROJECTS
 EQUAL  IN  VALUE  TO THE BENEFIT TO BE PROVIDED TO SUCH APPLICANT BY THE
 CITY PLANNING COMMISSION. SUCH LIST SHALL, TO  THE  EXTENT  PRACTICABLE,
 INCLUDE ONLY THOSE ELIGIBLE REPAIR PROJECTS WITHIN THE SAME NEIGHBORHOOD
 INCLUDED  IN  THE  AREA  TO  WHICH THE REQUESTED AMENDMENT TO THE ZONING
 RESOLUTION RELATES, REGARDLESS OF  THE  IMPORTANCE  OR  URGENCY  OF  THE
 REPAIR  PROJECT.  PROVIDED, HOWEVER, IF NO SUCH ELIGIBLE REPAIR PROJECTS
 EXIST IN THE NEIGHBORHOOD, THEN THE PROJECTS SHALL BE LISTED IN ORDER OF
 PRIORITY.
   4. UPON RECEIPT OF A LIST FROM THE OFFICE,  AN  APPLICANT  MUST  REPLY
 WITHIN  THIRTY  DAYS.  IF  THE APPLICANT FAILS TO DO SO, ITS APPLICATION
 SHALL BE TERMINATED. SUCH REPLY TO THE OFFICE SHALL INCLUDE  DESIGNATION
 OF THE PROJECT OR PROJECTS THE APPLICANT DESIRES TO COMPLETE, THE APPLI-
 CANT'S  ESTIMATE  OF  THE  COST  OF COMPLETING THE REPAIR PROJECT, AND A
 TIMELINE FOR THE COMPLETION OF THE PROJECT.
   5. THE OFFICE OF REPAIR CERTIFICATION SHALL, WITHIN FOURTEEN  DAYS  OF
 RECEIVING  AN  APPLICANT'S  REPLY,  REVIEW  THE  COSTS  AND PROJECT PLAN
 SUBMITTED, AND EITHER APPROVE OR DISAPPROVE SUCH  REPLY.  IF  AN  APPLI-
 CANT'S SUBMISSION IS DISAPPROVED, IT SHALL HAVE FIFTEEN DAYS TO RESUBMIT
 A  NEW PROJECT PLAN AND ESTIMATE OF COSTS FOR REVIEW BY THE OFFICE. UPON
 A SECOND SUBMISSION, THE OFFICE SHALL AGAIN MAKE A DETERMINATION  WITHIN
 FOURTEEN DAYS, AND, IF THE PLAN IS DISAPPROVED, THE OFFICE SHALL PROVIDE
 THE APPLICANT WITH A WRITTEN EXPLANATION THEREFOR.
   6.  FOR  ANY  REPAIR  PROJECT  PLAN  THAT IS APPROVED BY THE OFFICE OF
 REPAIR  CERTIFICATION  WHERE  THE  APPLICANT'S  ESTIMATED  COST  THEREOF
 A. 890                              3
 
 EXCEEDS  THE VALUE OF THE PROJECT ESTABLISHED BY THE OFFICE, SUCH OFFICE
 SHALL PROVIDE NOTICE TO THE CITY PLANNING  COMMISSION  THAT  THE  ZONING
 VALUATION OF THE ZONING AMENDMENT MUST BE ADJUSTED WITHIN SEVEN DAYS.
   7.  UPON  COMPLETION  OF THE AGREED UPON REPAIR PROJECT OR PROJECTS BY
 THE APPLICANT, THE OFFICE SHALL AWARD THE  APPLICANT  A  CERTIFICATE  OF
 COMPLETION  AND  PROVIDE  A COPY THEREOF TO THE CITY PLANNING COMMISSION
 WITHIN FOURTEEN DAYS OF CERTIFYING THE COMPLETION OF THE PROJECT.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.