S T A T E O F N E W Y O R K
________________________________________________________________________
3647
2025-2026 Regular Sessions
I N A S S E M B L Y
January 29, 2025
___________
Introduced by M. of A. CUNNINGHAM, SIMONE, LEVENBERG, MITAYNES, FORREST,
GALLAGHER, SIMON, HEVESI, BORES, SHRESTHA, GONZALEZ-ROJAS,
BICHOTTE HERMELYN, MAMDANI, ROSENTHAL, LEE, DAVILA, CRUZ, ZACCARO,
GIBBS, JACKSON, MEEKS, KELLES, WEPRIN, RAJKUMAR, TAYLOR, CLARK, CHAN-
DLER-WATERMAN, RAGA, DAIS, RAMOS, EICHENSTEIN, VANEL, DE LOS SANTOS --
read once and referred to the Committee on Local Governments
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
TEXTS INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW OR FOREIGN
CORPORATIONS SUBJECT TO SUCH LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07303-01-5
A. 3647 2
(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
BUILDINGS TO UTILIZE ANY OTHER OPTIONAL RULES OR REGULATIONS REGULATING
RESIDENTIAL BULK AND HEIGHT IN SUCH ZONING DISTRICT, PROVIDED, HOWEVER
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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
(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.
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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
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
A. 3647 5
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-
TIONAL AFFORDABLE FLOOR AREA IN A RESIDENTIAL BUILDING ON A COVERED
SITE, AT THE DISCRETION OF THE OWNER OF SUCH BUILDING.
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(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-
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
A. 3647 7
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.