NY State Senate Bill 2023-S7791A

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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
May 01, 2024	print number 7791a
May 01, 2024	amend and recommit to housing, construction and community development
Jan 03, 2024	referred to housing, construction and community development
Dec 06, 2023	referred to rules

Bill Amendments

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A (Active)

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2023-S7791 - Details

See Assembly Version of this Bill:: A8386
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: General Municipal Law
Laws Affected:: Add §96-c, Gen Muni L

2023-S7791 - 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-S7791 - Sponsor Memo

                                 
BILL NUMBER: S7791 REVISED 4/11/2024

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to enacting the
"faith-based affordable housing act" and residential development on
religious land

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow religious corporations to bypass restrictive zoning barriers in
order to build affordable housing on their land.

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the "Faith-Based Affordable Housing
Act."

Section two adds a new section 96-c to the General Municipal Law which
stipulates that places of worship such as temples, churches, mosques,
and synagogues are allowed to bypass local zoning laws that restrict

their ability to develop their land, so long as they meet the following
requirements:

The organization must be building mixed-income or 100% affordable hous-
ing, which can be either rental or coop units. Inside New York City, the
building must conform to the City's Mandatory Inclusionary Housing (MIH)
affordability standards:

- Option 1: 25% of units are set aside for households earning 60% area
median income (AMI), with 5% set aside for 40% AMI

- Option 2: 30% of units set aside for 80% AMI

- Option 3: 20% of units set aside for 40% AM Outside of New York City,
where market-rate property cannot cross subsidize as much affordable
housing, the building would need to set aside 20% of units for 80% AMI.

The property must be solely owned by the religious organization, who
will typically partner with a developer to build the affordable housing
via a sale or long-term ground lease of their property. While this bill
does not prescribe specific ownership structures, it's important to note
that in many cases a religious organization is simply providing the
property that the affordable housing is built on rather than building it
themselves.

The housing must contain at least four units.

The construction must be primarily residential. New buildings, for exam-
ple, cannot dedicate more than 35% of floor area to non-residential
purposes (such as religious, educational, charitable, or community
facility use).

The housing adheres to the following density limits:

- In villages, towns, and cities with fewer than 50,000 inhabitants, 35
feet or the height of another existing building on the lot, if one is
taller, and no more than 30 units per acre
- In villages, towns, and cities with more than 50,000 inhabitants but
less than one million, 55 feet or or the height of another existing
building on the lot, if one is taller, and no more than 50 units per
acre. In cities in this category, developers can also cite a higher
density within 800 feet (approximately one block) of the parcel.

- In New York City, 55 feet or the the height of an existing building on
the lot, if one is taller, with overall density limited 2.2 floor area
ratio (FAR). Developers can also cite a higher density within 800 feet
(approximately one block) of the parcel.

Affordable units must be physically integrated into the design of the
development and distributed among various sizes (studio, one-, two-,
three- and four-bedroom units) in the same proportion as other units.
Affordable units must be distributed evenly among floors and cannot have
less than 90% of the floor area of market rate units.  Affordable units
should not be distinguishable from market-rate units from the building
exterior and should have the same interior furnishings. Affordable units
should not have a separate entrance to common amenities or charge addi-
tional fees for access to common areas.

When a religious organization is selling or leasing land, they must
undergo a Division of Housing and Community Renewal (DHCR)-approved
training on real estate development, funding sources for affordable
housing, types and selection of vendors, and a review of the statutory
requirements for such sale or lease.

Localities can reasonably regulate the construction of sidewalks, rear
yards, side yards, and curb cuts for accessory parking or loading so
long as it does not impede the full development of the building. They
cannot otherwise impose requirements such as the provision of off-street
parking, minimum, maximum, or average unit sizes, the prioritization of
units to residents of certain neighborhoods, the prioritization of hous-
ing units for any age group, minimum purchase prices for coops, the
adherence to any local building or fire code beyond the standard code,
the provision of municipal services or utility access, density or
affordability requirements other than what is prescribed in the bill, or
any other requirement deemed by a court to impede the full development
of affordable housing on the land. Localities also cannot demand more
than $0.25 per square foot for permits and may not charge other fees.

Building departments shall ministerially and without discretionary
review or a hearing process applications for building permits under the
bill within sixty days of an application.

Full environmental reviews under the State Environmental Quality Review
Act (SEQRA) would not be required so long as the landowner submits the
following certifications: that a Phase I Environmental Site Assessment
(ESA) has been completed, that soil and water testing has been completed
pursuant to Department of Environmental Conservation (DEC) standards,
and that a qualified environmental professional attests that the build-
ing will not violate state wetland or drinking water laws.

In the event that a coop building is resold, the units must be similarly
restricted by the AMI levels set above for new shareholders.

The bill would preserve all existing laws and regulations which regulate
how a property that has been designated a historic landmark by a locali-
ty may be altered. In New York City, for example, this means that a
faith-based organization wishing to alter a landmarked church would be
unable to do so before securing a certificate of appropriateness from
the NYC Landmarks Preservation Commission.

Parties that do not receive a timely processing of their application, or
are unfairly denied, have recourse under Article 78 of the Civil Prac-
tice Law and Rules. Attorneys fees against a local government who does
not prevail in an Article 78 proceeding are permitted.

DHCR, the NYS Attorney General, and DEC would promulgate regulations
within a year on enforcement mechanisms to ensure permanent affordabili-
ty, occupancy standards, marketing and leasing standards, and the
content of the training that must be undertaken by a religious organiza-
tion in the event of a sale or lease. Such marketing standards would
include that the housing would need to conform to existing human and
civil rights laws, such as but not limited to the federal Fair Housing
Act (42 USC § 3601-19) and Article 15 of the NYS Executive Law, which
prevent any property owner from considering an applicant's religious
beliefs or practices.

DHCR shall provide technical assistance to localities as necessary.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

New York State faces a dire housing affordability crisis, leading to
nation-leading homelessness rates and median rents and coop prices that
are out of reach for the majority of low- and middle-income renters and
shareholders. In August 2023, the average monthly rent for an apartment
in New York City jumped to a record-high $5,600 - despite the fact that,
according to the city's most recent Housing and Vacancy Survey, the
median renter household in NYC makes only $50,000 a year. A recent study
from the Regional Plan Association shows that the state needs to build
817,000 more homes over the next decade just to meet expected population
and job growth - yet restrictive and outdated zoning rules in munici-
palities across the state stand in our way.

Following the recent precedent of other states who have enacted as-of-
right development laws for faith-based organizations, such as Washington
and California, this bill recognizes the unique role that houses of
worship play as pillars of the communities they serve. In addition to
acting as spiritual and emotional havens for their congregations, houses
of worship frequently take on the role of food pantry, job training
center, clothing distribution center, direct aid provider, and safe
haven for adults and families experiencing homelessness. They produce
economic halo effects, creating on average over $140,000 of value per
year through the contribution of volunteer time, space at below market
rates, and cash and in-kind donations to community-serving programs.
Four out of five individuals who visit a house of worship are benefici-
aries of the organization's programming rather than members, and houses
of worship attract millions of visitors a year while raising the proper-
ty values of those around them.

Yet, despite the many benefits they provide, faith-based organizations
often find themselves in precarious financial positions due to the
expensive upkeep of their historic properties. They are land-rich but
cash-poor, often subsisting off of fixed or slow-growing income supports
while their expenses rise. When they seek to redevelop their property
with affordable housing, providing a sorely needed public good while
shoring up revenue, they run into zoning barriers that prevent them from
doing so.

This bill, the Faith-Based Affordable Housing Act, would dramatically
accelerate the timeline on which affordable housing on religious proper-
ty can be built while reducing bureaucratic hurdles. It allows houses of
worship such as temples, synagogues, mosques, and churches to bypass
local zoning rules so long as they are building affordable housing that
complies with reasonable density standards (generally 30 units per acre
for small municipalities with less than 50,000 people, 50 units per acre
for localities with more than 50,000 people, and 2.2 FAR for New York
City). Localities would not be able to impose burdensome regulations on
affordable developments such as the provision of off-street parking or
adherence to new building codes that render such development impractical
or prohibitively expensive to pursue. Building departments would minis-
terially review applications, and congregations would be able to bypass
full environmental impact assessments required under SEQRA in favor of
simpler certifications more appropriately curtailed to the size and
scope of the development.

The housing would also go to support localities by generating signif-
icant new revenue, since it would be subject to property taxes just like
any other kind of housing. The tax exemption in Real Property Tax Law
(RPTL) § 420-a that faith-based organizations currently receive for
their properties, which applies narrowly to land that they actually own
and which is used exclusively for religious or charitable purposes, i.e.
chapels, would not apply, as the new residential housing would not meet
this definition under RPTL.

This bill represents a thoughtful approach to our state's housing crisis
by allowing those organizations which have always served as pillars of
their community to provide the public good of affordable housing. It
provides a means through which faith-based organizations can realize the
full value of their land, ensuring that they are able to retain their
properties for years to come while respecting the local context and
history of the neighborhoods they serve. In creating a simpler, more
streamlined approach to building permitting for churches with parking
lots and other land that is not zoned for residential use, New York will
be helping maintain some of our most celebrated community nexuses while
creating badly needed affordable housing.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2023-S7791 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7791
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7791                             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
 S. 7791                             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;
 S. 7791                             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.
 S. 7791                             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
 S. 7791                             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:
 S. 7791                             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-S7791A (ACTIVE) - Details

See Assembly Version of this Bill:: A8386
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: General Municipal Law
Laws Affected:: Add §96-c, Gen Muni L

2023-S7791A (ACTIVE) - Summary

2023-S7791A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7791A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general municipal law, in relation to enacting the
"faith-based affordable housing act" and residential development on
religious land

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow religious corporations to bypass restrictive zoning barriers in
order to build affordable housing on their land.

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the "Faith-Based Affordable Housing
Act."

Section two adds a new section 96-c to the General Municipal Law which
stipulates that places of worship such as temples, churches, mosques,
and synagogues are allowed to bypass local zoning laws that restrict

their ability to develop their land, so long as they meet the following
requirements:

The organization must be building mixed-income or 100% affordable hous-
ing, which can be either rental or coop units. Inside New York City, the
building must conform to the City's Mandatory Inclusionary Housing (MIN)
affordability standards:

- Option 1: 25% of units are set aside for households earning 60% area
median income (AMI), with 5% set aside for 40% AMI

-Option 2: 30% of units set aside for 80% AMI

- Option 3: 20% of units set aside for 40% AM Outside of New York City,
where market-rate property cannot cross subsidize as much affordable
housing, the building would need to set aside 20% of units for 80% AMI.

The property must be solely owned by the religious organization, who
will typically partner with a developer to build the affordable housing
via a sale or long-term ground lease of their property. While this bill
does not prescribe specific ownership structures, it's important to note
that in many cases a religious organization is simply providing the
property that the affordable housing is built on rather than building it
themselves.

The housing must contain at least four units.

The construction must be primarily residential. New buildings, for exam-
ple, cannot dedicate more than 35% of floor area to non-residential
purposes (such as religious, educational, charitable, or community
facility use).

The housing adheres to the following density limits:

- In villages, towns, and cities with fewer than 50,000 inhabitants, 35
feet or the height of another existing building on the lot, if one is
taller, and no more than 30 units per acre
- In villages, towns, and cities with more than 50,000 inhabitants but
less than one million, 55 feet or or the height of another existing
building on the lot, if one is taller, and no more than 50 units per
acre. In cities in this category, developers can also cite a higher
density within 800 feet (approximately one block) of the parcel.

- In New York City, 55 feet or the the height of an existing building on
the lot, if one is taller, with overall density limited 2.2 floor area
ratio (FAR). Developers can also cite a higher density within 800 feet
(approximately one block) of the parcel.

Affordable units must be physically integrated into the design of the
development and distributed among various sizes (studio, one-, two-,
three- and four-bedroom units) in the same proportion as other units.
Affordable units must be distributed evenly among floors and cannot have
less than 90% of the floor area of market rate units.

Affordable units should not be distinguishable from market-rate units
from the building exterior and should have the same interior
furnishings. Affordable units should not have a separate entrance to
common amenities or charge additional fees for access to common areas.

When a religious organization is selling or leasing land, they must
undergo a Division of Housing and Community Renewal (DHCR)-approved
training on real estate development, funding sources for affordable
housing, types and selection of vendors, and a review of the statutory
requirements for such sale or lease.

Localities can reasonably regulate the construction of sidewalks, rear
yards, side yards, and curb cuts for accessory parking or loading so
long as it does not impede the full development of the building. They
cannot otherwise impose requirements such as the provision of off-street
parking, minimum, maximum, or average unit sizes, the prioritization of
units to residents of certain neighborhoods, the prioritization of hous-
ing units for any age group, minimum purchase prices for coops, the
adherence to any local building or fire code beyond the standard code,
the provision of municipal services or utility access, density or
affordability requirements other than what is prescribed in the bill, or
any other requirement deemed by a court to impede the full development
of affordable housing on the land. Localities also cannot demand more
than $0.25 per square foot for permits and may not charge other fees.

Building departments shall ministerially and without discretionary
review or a hearing process applications for building permits under the
bill within sixty days of an application.

Full environmental reviews under the State Environmental Quality Review
Act (SEQRA) would not be required so long as the landowner submits the
following certifications: that a Phase I Environmental Site Assessment
(ESA) has been completed, that soil and water testing has been completed
pursuant to Department of Environmental Conservation (DEC) standards,
and that a qualified environmental professional attests that the build-
ing will not violate state wetland or drinking water laws.

In the event that a coop building is resold, the units must be similarly
restricted by the AMI levels set above for new shareholders.


The bill would preserve all existing laws and regulations which regulate
how a property that has been designated a historic landmark by a locali-
ty may be altered. In New York City, for example, this means that a
faith-based organization wishing to alter a landmarked church would be
unable to do so before securing a certificate of appropriateness from
the NYC Landmarks Preservation Commission.

Parties that do not receive a timely processing of their application, or
are unfairly denied, have recourse under Article 78 of the Civil Prac-
tice Law and Rules. Attorneys fees against a local government who does
not prevail in an Article 78 proceeding are permitted.

DHCR, the NYS Attorney General, and DEC would promulgate regulations
within a year on enforcement mechanisms to ensure permanent affordabili-
ty, occupancy standards, marketing and leasing standards, and the
content of the training that must be undertaken by a religious organiza-
tion in the event of a sale or lease. Such marketing standards would
include that the housing would need to conform to existing human and
civil rights laws, such as but not limited to the federal Fair Housing
Act (42 USC § 3601-19) and Article 15 of the NYS Executive Law, which
prevent any property owner from considering an applicant's religious
beliefs or practices.

DHCR shall provide technical assistance to localities as necessary.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

New York State faces a dire housing affordability crisis, leading to
nation-leading homelessness rates and median rents and coop prices that
are out of reach for the majority of low- and middle-income renters and
shareholders. In August 2023, the average monthly rent for an apartment
in New York City jumped to a record-high $5,600 - despite the fact that,
according to the city's most recent Housing and Vacancy Survey, the
median renter household in NYC makes only $50,000 a year. A recent study
from the Regional Plan Association shows that the state needs to build
817,000 more homes over the next decade just to meet expected population
and job growth - yet restrictive and outdated zoning rules in munici-
palities across the state stand in our way.

Following the recent precedent of other states who have enacted as-of-
right development laws for faith-based organizations, such as Washington
and California, this bill recognizes the unique role that houses of
worship play as pillars of the communities they serve. In addition to
acting as spiritual and emotional havens for their congregations, houses
of worship frequently take on the role of food pantry, job training
center, clothing distribution center, direct aid provider, and safe
haven for adults and families experiencing homelessness. They produce
economic halo effects, creating on average over $140,000 of value per
year through the contribution of volunteer time, space at below market
rates, and cash and in-kind donations to community-serving programs.
Four out of five individuals who visit a house of worship are benefici-
aries of the organization's programming rather than members, and houses
of worship attract millions of visitors a year while raising the proper-
ty values of those around them.


Yet, despite the many benefits they provide, faith-based organizations
often find themselves in precarious financial positions due to the
expensive upkeep of their historic properties. They are land-rich but
cash-poor, often subsisting off of fixed or slow-growing income supports
while their expenses rise. When they seek to redevelop their property
with affordable housing, providing a sorely needed public good while
shoring up revenue, they run into zoning barriers that prevent them from
doing so.

This bill, the Faith-Based Affordable Housing Act, would dramatically
accelerate the timeline on which affordable housing on religious proper-
ty can be built while reducing bureaucratic hurdles. It allows houses of
worship such as temples, synagogues, mosques, and churches to bypass
local zoning rules so long as they are building affordable housing that
complies with reasonable density standards (generally 30 units per acre
for small municipalities with less than 50,000 people, 50 units per acre
for localities with more than 50,000 people, and 2.2 FAR for New York
City). Localities would not be able to impose burdensome regulations on
affordable developments such as the provision of off-street parking or
adherence to new building codes that render such development impractical
or prohibitively expensive to pursue. Building departments would minis-
terially review applications, and congregations would be able to bypass
full environmental impact assessments required under SEQRA in favor of
simpler certifications more appropriately curtailed to the size and
scope of the development.

The housing would also go to support localities by generating signif-
icant new revenue, since it would be subject to property taxes just like
any other kind of housing. The tax exemption in Real Property Tax Law
(RPTL) § 420-a that faith-based organizations currently receive for
their properties, which applies narrowly to land that they actually own
and which is used exclusively for religious or charitable purposes, i.e.
chapels, would not apply, as the new residential housing would not meet
this definition under RPTL.

This bill represents a thoughtful approach to our state's housing crisis
by allowing those organizations which have always served as pillars of
their community to provide the public good of affordable housing. It
provides a means through which faith-based organizations can realize the
full value of their land, ensuring that they are able to retain their
properties for years to come while respecting the local context and
history of the neighborhoods they serve. In creating a simpler, more
streamlined approach to building permitting for churches with parking
lots and other land that is not zoned for residential use, New York will
be helping maintain some of our most celebrated community nexuses while
creating badly needed affordable housing.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2023-S7791A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7791--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced by Sens. GOUNARDES, BAILEY, CLEARE, COMRIE, COONEY, HARCKHAM,
   HINCHEY,  HOYLMAN-SIGAL, JACKSON, KAVANAGH, MAY, MAYER, MYRIE, PARKER,
   RAMOS, RYAN, SALAZAR, SEPULVEDA, STAVISKY,  WEBB  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Rules -- recommitted to the Committee  on  Housing,  Construction  and
   Community  Development  in  accordance  with  Senate Rule 6, sec. 8 --
   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-
 RATIONS  THAT  INCLUDE  IN  THEIR  PURPOSE  WORSHIP  OR  THE TRAINING OR
 CONDUCTING OF RELIGIOUS RITUALS OR THE READING  OR  STUDY  OF  RELIGIOUS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13656-07-4

 S. 7791--A                          2
 
 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
 RESIDENTIAL BUILDINGS ON THE COVERED SITE UP TO THE MAXIMUM  HEIGHT  AND
 DENSITY  PERMITTED  IN  SUCH  ZONING DISTRICT, OR ALLOW SUCH RESIDENTIAL
 S. 7791--A                          3
 
 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
 S. 7791--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
 S. 7791--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-
 S. 7791--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-
 S. 7791--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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Senate Bill S7791A

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2023-S7791 - Details

2023-S7791 - Summary

2023-S7791 - Sponsor Memo

2023-S7791 - Bill Text download pdf

co-Sponsors

2023-S7791A (ACTIVE) - Details

2023-S7791A (ACTIVE) - Summary

2023-S7791A (ACTIVE) - Sponsor Memo

2023-S7791A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7791A

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Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2023-S7791 - Details

2023-S7791 - Summary

2023-S7791 - Sponsor Memo

2023-S7791 - Bill Text download pdf

co-Sponsors

2023-S7791A (ACTIVE) - Details

2023-S7791A (ACTIVE) - Summary

2023-S7791A (ACTIVE) - Sponsor Memo

2023-S7791A (ACTIVE) - Bill Text download pdf

Comments