BILL NUMBER: S9415
SPONSOR: SEPULVEDA
TITLE OF BILL:
An act to amend the general municipal law, in relation to extending
provisions of law relating to urban development action areas
SUMMARY OF PROVISIONS::
Existing provisions of Article 16 of the General Municipal Law ("GML")
authorize expedited land use review of Urban Development Action Area
Projects ("UDAAP") for low-income residential rental developments for
seniors and the disabled that are funded by the federal government
(commonly known as Section 202 and Section 811 housing) until June 30,
2024. This bill would continue to allow Section 202 and Section 811
housing units to be subject to the UDAAP accelerated review process
until June 30, 2027.
REASONS FOR SUPPORT::
This bill would strongly assist in the development of federally financed
housing for low-income elderly and disabled persons by continuing to
make such developments eligible for expedited land use review. Under
Section 202, the Supportive Housing Program for the Elderly, and Section
811, the Supportive Housing Program for Persons with Disabilities, not-
for-profit sponsors purchase City-owned land and construct new multiple
dwellings with financing from the United States Department of Housing
and Urban Development ("HUD"). The completed buildings provide rental
housing for elderly or disabled persons of low income and receive oper-
ating subsidies from HUD. Since 2002, HUD has financed close to 3,000
units of Section 202 and Section 811 housing in New York City.
Over 95% of these units were allocated to the low-income elderly. As a
general rule, the sale of City-owned land for such projects is subject
to the Uniform Land Use Review Procedure ("ULURP"), which can take as
long as 11 months to complete and delays the availability of affordable
housing for these vulnerable populations. Expedited land use review
under the UDAAP provisions in Article 16 of the GML, however, can take
as little as 90 days.
For federally funded Section 202 and Section 811 developments, the
difference between getting approval in 90 days compared to 11 months can
be significant. Once the competitive funding for these HUD developments
are allocated, the timeframes for completion cannot be renegotiated. A
lengthy approval processes can quickly result in rising costs, requiring
the City to find additional funds from other sources to cover the
delay-caused overruns. This, in turn, stretches out the development
process even longer. Continuing to allow land use review of Section 202
and Section 811 developments to proceed under UDAAP shortens the
approval process, while still maintaining the City Council's full land
use review authority, and will help to ensure the timely and successful
completion of these important housing developments.
The ability to accelerate the land use approval process of these devel-
opments will sunset on June 30, 2024. This legislation extends such date
until June 30, 2027. No more than 6 such developments annually will be
subject to this expedited land use process and developments subject to
this authority cannot exceed 90 dwelling units.
Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.
Statutes affected: S9415: 693 general municipal law, 694 general municipal law, 694(5) general municipal law, 695 general municipal law, 695(6) general municipal law