S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9228
 
                           I N  A S S E M B L Y
 
                             February 16, 2024
                                ___________
 
 Introduced  by  M. of A. LEVENBERG, BURDICK -- read once and referred to
   the Committee on Local Governments
 
 AN ACT to amend the general city law, the town law, and the village law,
   in relation to requiring each town, village, and  city  to  develop  a
   housing action plan for everyone
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general city law is amended by adding a new section  28
 to read as follows:
   §  28.  HOUSING  ACTION PLAN FOR EVERYONE. 1.  THE LEGISLATIVE BODY OF
 EACH CITY SHALL ADOPT A HOUSING ACTION PLAN FOR EVERYONE TO INCREASE THE
 AMOUNT OF AVAILABLE HOUSING IN EACH SUCH CITY. EACH SUCH HOUSING  ACTION
 PLAN  SHALL  BE  UPDATED  NO  LESS  THAN  EVERY  FIVE YEARS PRIOR TO ITS
 ADOPTION BY A CITY.
   2. EACH SUCH ACTION HOUSING PLAN SHALL CONSIDER, BUT  NOT  BE  LIMITED
 TO, THE FOLLOWING FACTORS:
   (A) THE INFRASTRUCTURE NEEDS OF EACH RESPECTIVE CITY.
   (B) AVAILABLE LAND FOR NEW HOUSING CONSTRUCTION.
   (C)  POTENTIAL  OPPORTUNITIES TO REDEVELOP UNDERUTILIZED BUILDINGS FOR
 HOUSING.
   (D) THE PARTICULAR NEEDS OF  EACH  RESPECTIVE  CITY,  IN  RELATION  TO
 INCOME LEVELS, HOUSING COSTS, AND AT-RISK AREAS.
   (E)  SPECIFIC  TOOLS AND STRATEGIES TO ADDRESS THE PARTICULAR NEEDS OF
 EACH RESPECTIVE CITY.
   3. EACH SUCH HOUSING ACTION PLAN MAY CONSIDER, BUT SHALL NOT BE LIMIT-
 ED TO, THE FOLLOWING CONCEPTS:
   (A) THE LEGALIZATION OF ACCESSORY DWELLING UNITS.
   (B) AUTHORIZATION OF TRANSIT-ORIENTED DEVELOPMENT ZONES.
   (C) ELIMINATION OR REDUCTION OF PARKING REQUIREMENTS.
   (D) STREAMLINING PERMIT PROCESSES, SUCH AS ENVIRONMENTAL  AND  DISCRE-
 TIONARY REVIEW REQUIREMENTS.
   (E) AUTHORIZING AS-OF-RIGHT AND MIXED-USE DEVELOPMENT GOALS.
   4.  THE AMOUNT OF NEW HOUSING CONTEMPLATED IN EACH SUCH HOUSING ACTION
 PLAN, AS DETERMINED BY THE LEGISLATIVE BODY OF EACH CITY, SHALL  CONSID-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14220-03-4
 A. 9228                             2
 
 ER, BUT NOT BE LIMITED TO, THE AREA MEDIAN INCOME (AMI) CALCULATIONS SET
 FORTH  BY  THE  U.S.  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, WHICH
 CONSISTS OF THE FOLLOWING FIVE LEVELS: (A) AT OR BELOW THIRTY PERCENT OF
 THE  CITY'S  AMI;  (B)  BETWEEN THIRTY-ONE PERCENT AND FIFTY  PERCENT OF
 THE  CITY'S AMI; (C) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT OF  THE
 CITY'S  AMI;  (D)  BETWEEN SIXTY-ONE PERCENT AND EIGHTY  PERCENT OF  THE
 CITY'S AMI; AND (E) BETWEEN EIGHTY-ONE PERCENT AND ONE  HUNDRED  PERCENT
 OF THE CITY'S AMI.
   5.  (A)  THE  PLANNING  BOARD OF EACH CITY, AS ESTABLISHED PURSUANT TO
 SECTION TWENTY-SEVEN OF THIS ARTICLE, OR A GROUP APPOINTED BY THE  MAYOR
 AND  CITY  COUNCIL  FOR THIS PURPOSE, SHALL SUBMIT THE COMPLETED HOUSING
 ACTION PLAN FOR EVERYONE TO THE MAYOR AND LEGISLATIVE BODY OF EACH  CITY
 FOR  REVIEW  AND  FURTHER RECOMMENDATION. SUCH PLANNING BOARD MAY MODIFY
 SUCH HOUSING PLAN TO ADDRESS ANY RECOMMENDATIONS RECEIVED FROM THE MAYOR
 AND LEGISLATIVE BODY.
   (B) THE PLANNING BOARD OF EACH CITY, OR A GROUP APPOINTED BY THE MAYOR
 AND CITY COUNCIL FOR THIS PURPOSE, MAY COORDINATE  WITH  LOCAL  PLANNING
 ASSOCIATIONS,   NON-PROFITS,   BUILDERS,   REALTORS,  HOUSING  COUNCILS,
 CONSTRUCTION INDUSTRY REPRESENTATIVES, AND/OR OTHER COMMUNITY STAKEHOLD-
 ERS IN THE DEVELOPMENT OF SUCH HOUSING ACTION PLAN.
   6. (A) EACH CITY SHALL POST A COPY OF  THE  FINALIZED  HOUSING  ACTION
 PLAN  ON EACH SUCH CITY'S WEBSITE AND FILE SUCH HOUSING ACTION PLAN WITH
 THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (B) EACH CITY SHALL HOLD AT LEAST ONE PUBLIC HEARING ON  SUCH  HOUSING
 ACTION  PLAN WITHIN THIRTY DAYS OF THE COMPLETION OF SUCH HOUSING ACTION
 PLAN.
   7. REGIONAL ECONOMIC DEVELOPMENT OFFICES, AS  ESTABLISHED  BY  ARTICLE
 ELEVEN  OF  THE ECONOMIC DEVELOPMENT LAW, SHALL ASSIST MUNICIPALITIES BY
 MAKING THEM AWARE OF GRANTS AND FUNDING OPTIONS THAT  MAY  BE  AVAILABLE
 FOR  IMPLEMENTING  THE  HOUSING ACTION PLAN. WITHIN TWELVE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, THE ENACTMENT OF THE HOUSING ACTION PLAN
 FOR EVERYONE BY THE LEGISLATIVE BODY OF A CITY SHALL  BE  COMPLETED.  IF
 SUCH  HOUSING ACTION PLAN IS NOT COMPLETED WITHIN SUCH TIME, A ONE-TIME,
 THREE-MONTH EXTENSION TO COMPLETE AND FINALIZE SUCH PLAN MAY BE GRANTED,
 IF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL CONFIRMS THAT SUCH PLAN
 HAS BEEN SUBSTANTIALLY COMPLETED.
   § 2. The town law is amended by adding a new section 272  to  read  as
 follows:
   §  272.  HOUSING ACTION PLAN FOR EVERYONE. 1.  THE LEGISLATIVE BODY OF
 EACH TOWN SHALL ADOPT A HOUSING ACTION PLAN FOR EVERYONE TO INCREASE THE
 AMOUNT OF AVAILABLE HOUSING IN EACH SUCH TOWN. EACH SUCH HOUSING  ACTION
 PLAN  SHALL  BE  UPDATED  NO  LESS  THAN  EVERY  FIVE YEARS PRIOR TO ITS
 ADOPTION BY A TOWN.
   2. EACH SUCH ACTION HOUSING PLAN SHALL CONSIDER, BUT  NOT  BE  LIMITED
 TO, THE FOLLOWING FACTORS:
   (A) THE INFRASTRUCTURE NEEDS OF EACH RESPECTIVE TOWN.
   (B) AVAILABLE LAND FOR NEW HOUSING CONSTRUCTION.
   (C)  POTENTIAL  OPPORTUNITIES TO REDEVELOP UNDERUTILIZED BUILDINGS FOR
 HOUSING.
   (D) THE PARTICULAR NEEDS OF  EACH  RESPECTIVE  TOWN,  IN  RELATION  TO
 INCOME LEVELS, HOUSING COSTS, AND AT-RISK AREAS.
   (E)  SPECIFIC  TOOLS AND STRATEGIES TO ADDRESS THE PARTICULAR NEEDS OF
 EACH RESPECTIVE TOWN.
   3. EACH SUCH HOUSING ACTION PLAN MAY CONSIDER, BUT SHALL NOT BE LIMIT-
 ED TO, THE FOLLOWING CONCEPTS:
   (A) THE LEGALIZATION OF ACCESSORY DWELLING UNITS.
 A. 9228                             3
 
   (B) AUTHORIZATION OF TRANSIT-ORIENTED DEVELOPMENT ZONES.
   (C) ELIMINATION OR REDUCTION OF PARKING REQUIREMENTS.
   (D)  STREAMLINING  PERMIT PROCESSES, SUCH AS ENVIRONMENTAL AND DISCRE-
 TIONARY REVIEW REQUIREMENTS.
   (E) AUTHORIZING AS-OF-RIGHT AND MIXED-USE DEVELOPMENT GOALS.
   4. THE AMOUNT OF NEW HOUSING CONTEMPLATED IN EACH SUCH HOUSING  ACTION
 PLAN,  AS DETERMINED BY THE LEGISLATIVE BODY OF EACH TOWN, SHALL CONSID-
 ER, BUT NOT BE LIMITED TO, THE AREA MEDIAN INCOME (AMI) CALCULATIONS SET
 FORTH BY THE U.S. DEPARTMENT OF HOUSING  AND  URBAN  DEVELOPMENT,  WHICH
 CONSISTS OF THE FOLLOWING FIVE LEVELS: (A) AT OR BELOW THIRTY PERCENT OF
 THE  TOWN'S  AMI;  (B)  BETWEEN THIRTY-ONE PERCENT AND FIFTY  PERCENT OF
 THE TOWN'S AMI; (C) BETWEEN FIFTY-ONE PERCENT AND SIXTY PERCENT  OF  THE
 TOWN'S  AMI;  (D)  BETWEEN SIXTY-ONE PERCENT AND EIGHTY  PERCENT OF  THE
 TOWN'S AMI; AND (E) BETWEEN EIGHTY-ONE PERCENT AND ONE  HUNDRED  PERCENT
 OF THE TOWN'S AMI.
   5.  (A)  THE  PLANNING  BOARD OF EACH TOWN, AS ESTABLISHED PURSUANT TO
 SECTION TWO HUNDRED SEVENTY-ONE OF THIS ARTICLE, OR A GROUP APPOINTED BY
 THE TOWN BOARD FOR THIS PURPOSE,  SHALL  SUBMIT  THE  COMPLETED  HOUSING
 ACTION  PLAN  FOR EVERYONE TO THE TOWN BOARD OF EACH TOWN FOR REVIEW AND
 FURTHER RECOMMENDATION. SUCH PLANNING BOARD, OR A GROUP APPOINTED BY THE
 TOWN BOARD FOR THIS PURPOSE, MAY MODIFY SUCH HOUSING PLAN TO ADDRESS ANY
 RECOMMENDATIONS RECEIVED FROM THE TOWN BOARD.
   (B) THE PLANNING BOARD OF EACH TOWN, OR A GROUP APPOINTED BY THE  TOWN
 SUPERVISOR  AND  TOWN  BOARD, MAY COORDINATE WITH LOCAL PLANNING ASSOCI-
 ATIONS, NON-PROFITS, BUILDERS, REALTORS, HOUSING COUNCILS,  CONSTRUCTION
 INDUSTRY  REPRESENTATIVES,  AND/OR  OTHER  COMMUNITY STAKEHOLDERS IN THE
 DEVELOPMENT OF SUCH HOUSING ACTION PLAN.
   6. (A) EACH TOWN SHALL POST A COPY OF  THE  FINALIZED  HOUSING  ACTION
 PLAN  ON EACH SUCH TOWN'S WEBSITE AND FILE SUCH HOUSING ACTION PLAN WITH
 THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (B) EACH TOWN SHALL HOLD AT LEAST ONE PUBLIC HEARING ON  SUCH  HOUSING
 ACTION  PLAN WITHIN THIRTY DAYS OF THE COMPLETION OF SUCH HOUSING ACTION
 PLAN.
   7. REGIONAL ECONOMIC DEVELOPMENT OFFICES, AS  ESTABLISHED  BY  ARTICLE
 ELEVEN  OF  THE ECONOMIC DEVELOPMENT LAW, SHALL ASSIST MUNICIPALITIES BY
 MAKING THEM AWARE OF GRANTS, AND FUNDING OPTIONS THAT MAY  BE  AVAILABLE
 FOR  IMPLEMENTING  THE  HOUSING ACTION PLAN. WITHIN TWELVE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, THE ENACTMENT OF THE HOUSING ACTION PLAN
 FOR EVERYONE BY THE LEGISLATIVE BODY OF A TOWN SHALL  BE  COMPLETED.  IF
 SUCH  HOUSING ACTION PLAN IS NOT COMPLETED WITHIN SUCH TIME, A ONE-TIME,
 THREE-MONTH EXTENSION TO COMPLETE AND FINALIZE SUCH PLAN MAY BE GRANTED,
 IF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL CONFIRMS THAT SUCH PLAN
 HAS BEEN SUBSTANTIALLY COMPLETED.
   § 3. The village law is amended by adding a new section 7-720 to  read
 as follows:
   §  7-720 HOUSING ACTION PLAN FOR EVERYONE.  1. THE LEGISLATIVE BODY OF
 EACH VILLAGE SHALL ADOPT A HOUSING ACTION PLAN FOR EVERYONE TO  INCREASE
 THE  AMOUNT OF AVAILABLE HOUSING IN EACH SUCH VILLAGE. EACH SUCH HOUSING
 ACTION PLAN SHALL BE UPDATED NO LESS THAN EVERY FIVE YEARS PRIOR TO  ITS
 ADOPTION BY A VILLAGE.
   2.  EACH  SUCH  ACTION HOUSING PLAN SHALL CONSIDER, BUT NOT BE LIMITED
 TO, THE FOLLOWING FACTORS:
   (A) THE INFRASTRUCTURE NEEDS OF EACH RESPECTIVE VILLAGE.
   (B) AVAILABLE LAND FOR NEW HOUSING CONSTRUCTION.
   (C) POTENTIAL OPPORTUNITIES TO REDEVELOP UNDERUTILIZED  BUILDINGS  FOR
 HOUSING.
 A. 9228                             4
 
   (D)  THE  PARTICULAR  NEEDS OF EACH RESPECTIVE VILLAGE, IN RELATION TO
 INCOME LEVELS, HOUSING COSTS, AND AT-RISK AREAS.
   (E)  SPECIFIC  TOOLS AND STRATEGIES TO ADDRESS THE PARTICULAR NEEDS OF
 EACH RESPECTIVE VILLAGE.
   3. EACH SUCH HOUSING ACTION PLAN MAY CONSIDER, BUT SHALL NOT BE LIMIT-
 ED TO, THE FOLLOWING CONCEPTS:
   (A) THE LEGALIZATION OF ACCESSORY DWELLING UNITS.
   (B) AUTHORIZATION OF TRANSIT-ORIENTED DEVELOPMENT ZONES.
   (C) ELIMINATION OR REDUCTION OF PARKING REQUIREMENTS.
   (D) STREAMLINING PERMIT PROCESSES, SUCH AS ENVIRONMENTAL  AND  DISCRE-
 TIONARY REVIEW REQUIREMENTS.
   (E) AUTHORIZING AS-OF-RIGHT AND MIXED-USE DEVELOPMENT GOALS.
   4.  THE AMOUNT OF NEW HOUSING CONTEMPLATED IN EACH SUCH HOUSING ACTION
 PLAN, AS DETERMINED BY THE  LEGISLATIVE  BODY  OF  EACH  VILLAGE,  SHALL
 CONSIDER,  BUT  NOT  BE  LIMITED TO, THE AREA MEDIAN INCOME (AMI) CALCU-
 LATIONS SET FORTH BY THE U.S. DEPARTMENT OF HOUSING AND  URBAN  DEVELOP-
 MENT, WHICH CONSISTS OF THE FOLLOWING FIVE LEVELS: (A) AT OR BELOW THIR-
 TY  PERCENT  OF  THE  VILLAGE'S  AMI; (B) BETWEEN THIRTY-ONE PERCENT AND
 FIFTY  PERCENT OF  THE VILLAGE'S AMI; (C) BETWEEN FIFTY-ONE PERCENT  AND
 SIXTY  PERCENT  OF  THE VILLAGE'S AMI; (D) BETWEEN SIXTY-ONE PERCENT AND
 EIGHTY   PERCENT OF   THE VILLAGE'S  AMI;  AND  (E)  BETWEEN  EIGHTY-ONE
 PERCENT AND ONE HUNDRED PERCENT OF THE VILLAGE'S AMI.
   5.  (A) THE PLANNING BOARD OF EACH VILLAGE, AS ESTABLISHED PURSUANT TO
 SECTION 7-722 OF THIS ARTICLE, OR A GROUP APPOINTED BY THE VILLAGE BOARD
 FOR THIS PURPOSE, SHALL SUBMIT THE COMPLETED  HOUSING  ACTION  PLAN  FOR
 EVERYONE  TO  THE  VILLAGE  BOARD OF EACH VILLAGE FOR REVIEW AND FURTHER
 RECOMMENDATION. SUCH PLANNING BOARD, OR A GROUP APPOINTED BY THE VILLAGE
 BOARD FOR THIS PURPOSE, MAY MODIFY SUCH  HOUSING  PLAN  TO  ADDRESS  ANY
 RECOMMENDATIONS RECEIVED FROM THE VILLAGE BOARD.
   (B)  THE  PLANNING  BOARD  OF EACH VILLAGE OR A GROUP APPOINTED BY THE
 VILLAGE BOARD FOR THIS PURPOSE, MAY COORDINATE WITH LOCAL PLANNING ASSO-
 CIATIONS,   NON-PROFITS,   BUILDERS,   REALTORS,    HOUSING    COUNCILS,
 CONSTRUCTION INDUSTRY REPRESENTATIVES, AND/OR OTHER COMMUNITY STAKEHOLD-
 ERS IN THE DEVELOPMENT OF SUCH HOUSING ACTION PLAN.
   6.  (A) EACH VILLAGE SHALL POST A COPY OF THE FINALIZED HOUSING ACTION
 PLAN ON EACH SUCH VILLAGE'S WEBSITE AND FILE SUCH  HOUSING  ACTION  PLAN
 WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (B)  EACH VILLAGE SHALL HOLD AT LEAST ONE PUBLIC HEARING ON SUCH HOUS-
 ING ACTION PLAN WITHIN THIRTY DAYS OF THE  COMPLETION  OF  SUCH  HOUSING
 ACTION PLAN.
   7.  REGIONAL  ECONOMIC  DEVELOPMENT OFFICES, AS ESTABLISHED BY ARTICLE
 ELEVEN OF THE ECONOMIC DEVELOPMENT LAW, SHALL ASSIST  MUNICIPALITIES  BY
 MAKING  THEM  AWARE  OF GRANTS AND FUNDING OPTIONS THAT MAY BE AVAILABLE
 FOR IMPLEMENTING THE HOUSING ACTION PLAN. WITHIN TWELVE  MONTHS  OF  THE
 EFFECTIVE DATE OF THIS SECTION, THE ENACTMENT OF THE HOUSING ACTION PLAN
 FOR EVERYONE BY THE LEGISLATIVE BODY OF A VILLAGE SHALL BE COMPLETED. IF
 SUCH  HOUSING ACTION PLAN IS NOT COMPLETED WITHIN SUCH TIME, A ONE-TIME,
 THREE-MONTH EXTENSION TO COMPLETE AND FINALIZE SUCH PLAN MAY BE GRANTED,
 IF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL CONFIRMS THAT SUCH PLAN
 HAS BEEN SUBSTANTIALLY COMPLETED.
   § 4. This act shall take effect immediately.