S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8903--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of A. BURDICK, LEVENBERG, GONZALEZ-ROJAS, EPSTEIN --
   read once and referred  to  the  Committee  on  Local  Governments  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, the  general  city  law,  the
   town  law and the village law, in relation to requiring municipalities
   to include a housing needs assessment  using  the  HUD  median  income
   calculations  in  their  comprehensive plans; and to amend the general
   city law, in relation to making a technical correction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (o) and (p) of subdivision 1 of section 239-d of
 the  general municipal law, as added by chapter 451 of the laws of 1997,
 are amended and a new paragraph (q) is added to read as follows:
   (o) Any and all other items which are consistent with the  protection,
 enhancement, orderly growth and development of the county; [and]
   (p)  Consideration  of  cumulative  impacts  of development, and other
 issues which promote compliance with  the  state  environmental  quality
 review act under article eight of the environmental conservation law and
 its implementing regulations[.]; AND
   (Q)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN  THE  COUNTY,  UTILIZING
 THE  U.S.  DEPARTMENT  OF  HOUSING  AND  URBAN DEVELOPMENT MEDIAN INCOME
 CALCULATIONS. SUCH ASSESSMENT MUST ADDRESS  HOUSING  NEEDS  WITHIN  FIVE
 LEVELS  AS  FOLLOWS:  (I) AT OR BELOW THIRTY PERCENT OF THE COUNTY'S AMI
 (AREA MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY  PERCENT
 OF  THE  COUNTY'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT
 OF THE COUNTY'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND  EIGHTY  PERCENT
 OF  THE COUNTY'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED
 PERCENT OF THE COUNTY'S AMI.
   § 2. Subdivision 4 of section 28-a of the general city law is  amended
 by adding a new paragraph (p) to read as follows:
   (P)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN THE CITY, UTILIZING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11918-04-4
 A. 8903--A                          2
 
 U.S.  DEPARTMENT  OF  HOUSING AND URBAN DEVELOPMENT MEDIAN INCOME CALCU-
 LATIONS. SUCH ASSESSMENT MUST ADDRESS AFFORDABLE  HOUSING  NEEDS  WITHIN
 FIVE LEVELS AS FOLLOWS: (I) AT OR BELOW THIRTY PERCENT OF THE CITY'S AMI
 (AREA  MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY PERCENT
 OF THE CITY'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT  OF
 THE CITY'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND EIGHTY PERCENT OF THE
 CITY'S  AMI;  AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED PERCENT
 OF THE CITY'S AMI.
   § 3. Subdivision 3 of section 272-a of the  town  law  is  amended  by
 adding a new paragraph (p) to read as follows:
   (P)  A  HOUSING  NEEDS ASSESSMENT TO ESTABLISH A DATA-BASED FOUNDATION
 FOR THE CREATION AND PRESERVATION OF HOUSING IN THE TOWN, UTILIZING  THE
 U.S.  DEPARTMENT  OF  HOUSING AND URBAN DEVELOPMENT MEDIAN INCOME CALCU-
 LATIONS. SUCH ASSESSMENT MUST ADDRESS HOUSING NEEDS WITHIN  FIVE  LEVELS
 OF  AFFORDABILITY  AS  FOLLOWS:  (I)  AT  OR BELOW THIRTY PERCENT OF THE
 TOWN'S AMI (AREA MEDIAN INCOME); (II)  BETWEEN  THIRTY-ONE  PERCENT  AND
 FIFTY  PERCENT  OF  THE  TOWN'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND
 SIXTY PERCENT OF THE TOWN'S AMI;  (IV)  BETWEEN  SIXTY-ONE  PERCENT  AND
 EIGHTY PERCENT OF THE TOWN'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND
 ONE HUNDRED PERCENT OF THE TOWN'S AMI.
   §  4.  Subdivision 3 of section 7-722 of the village law is amended by
 adding a new paragraph (p) to read as follows:
   (P) A HOUSING NEEDS ASSESSMENT TO ESTABLISH  A  DATA-BASED  FOUNDATION
 FOR  THE  CREATION AND PRESERVATION OF HOUSING IN THE VILLAGE, UTILIZING
 THE U.S. DEPARTMENT OF  HOUSING  AND  URBAN  DEVELOPMENT  MEDIAN  INCOME
 CALCULATIONS.  SUCH  ASSESSMENT  MUST  ADDRESS HOUSING NEEDS WITHIN FIVE
 LEVELS AS FOLLOWS: (I) AT OR BELOW THIRTY PERCENT OF THE  VILLAGE'S  AMI
 (AREA  MEDIAN INCOME); (II) BETWEEN THIRTY-ONE PERCENT AND FIFTY PERCENT
 OF THE VILLAGE'S AMI; (III) BETWEEN FIFTY-ONE PERCENT AND SIXTY  PERCENT
 OF  THE VILLAGE'S AMI; (IV) BETWEEN SIXTY-ONE PERCENT AND EIGHTY PERCENT
 OF THE VILLAGE'S AMI; AND (V) BETWEEN EIGHTY-ONE PERCENT AND ONE HUNDRED
 PERCENT OF THE VILLAGE'S AMI.
   § 5. Article 3 of the general city law is  amended  by  adding  a  new
 article heading to read as follows:
                             ZONING AND PLANNING
   § 6. Municipalities shall not have the obligation to perform a housing
 needs  assessment  if  no federal, state, county, or third-party funding
 has been awarded, granted or otherwise obtained.
   § 7. This act shall take effect immediately.