NY State Senate Bill 2023-S4835

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to commerce, economic development and small business
Feb 15, 2023	referred to commerce, economic development and small business

2023-S4835 (ACTIVE) - Details

See Assembly Version of this Bill:: A3173
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: State Administrative Procedure Act
Laws Affected:: Add §202-g, St Ad Proc Act
Versions Introduced in 2021-2022 Legislative Session:: A8448

2023-S4835 (ACTIVE) - Summary

Requires housing affordability impact notes in relation to rules with the purpose or effect 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.

2023-S4835 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4835

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the state administrative procedure act, in relation to
requiring housing affordability impact notes in relation to certain
rules

 
PURPOSE OR GENERAL IDEA OF BILL:

To require every agency proposing a rule or regulation which increases
or decreases the cost of housing to include a note which provides an
estimate of the rule's impact on housing.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new Section 202-e to the State Administrative
Procedure Act requiring that every state agency proposing the adoption,
repeal, or amendment of any rule affecting the cost of single-family
residences to present along with the rule a housing affordability impact
note. The Division of Housing and Community Renewal, the Housing Finance

Agency, and the State of New York Mortgage Agency are excluded. The note
must contain a reliable estimate of the anticipated impact of the rule
on such housing. Any agency proposing such a rule would be required to
present a copy of the rule with a request for a housing affordability
impact note to the Division of Housing and Community Renewal. The Divi-
sion would have to prepare the note and submit it to the agency within
five calendar days, unless an extension is needed. Any extension,
though, could not exceed 30 days. In preparing the note, the Division
could solicit assistance from a statewide trade organization represent-
ing the real estate or home building industry. If the Division deter-
mines that rule's impact, a statement to that effect may be filed with
the rule.  The housing affordability note itself would have to be factu-
al in nature and would have to provide a reliable estimate in dollars of
the rule's housing impact. It must also include both the immediate and
long-range effect of the measure. The note must be prepared on the basis
of a single-family residence and may include an estimate for a larger
development as an analysis of the long-range effect of the measure.  If
the Division determines that no dollar estimate is possible, the note
must contain a statement to that effect setting forth the reasons why no
dollar estimate can be given. In addition, no comment or opinion can be
included in the note with regard to the merits of the measure; however,
technical or mechanical defects may be noted.

 
JUSTIFICATION:

Many factors enter into the equation for determining the cost of build-
ing affordable housing. These factors are not necessarily limited to the
cost of labor and materials but may include costs related to the regula-
tory barriers, environmental concerns, permits, infrastructure, and tax
considerations. This bill reflects an attempt to identify the costs of
constructing or purchasing residential housing which results from the
promulgation of regulations. By doing so, it is hoped that these costs
can be decreased or limited.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
The first day of January next succeeding the date on which it becomes
law.

2023-S4835 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4835
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06564-01-3

 S. 4835                             2
 
 THE DATE OF THE REQUEST. THE DIVISION MAY SEEK ASSISTANCE FROM A  STATE-
 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.

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Senate Bill S4835

Sponsored By

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

2023-S4835 (ACTIVE) - Details

2023-S4835 (ACTIVE) - Summary

2023-S4835 (ACTIVE) - Sponsor Memo

2023-S4835 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4835

Share this bill

Sponsored By

George M. Borrello

Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

2023-S4835 (ACTIVE) - Details

2023-S4835 (ACTIVE) - Summary

2023-S4835 (ACTIVE) - Sponsor Memo

2023-S4835 (ACTIVE) - Bill Text download pdf

Comments