BILL NUMBER: S4058
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the public housing law, in relation to low or moderate
income housing developments
 
PURPOSE:
To improve housing choice by making it less difficult to build afforda-
ble housing across New York State.
 
SUMMARY OF PROVISIONS:
This bill amends the public housing law by adding a new section 14-a
that streamlines applications for permits for low- or moderate-income
housing developments and establishes an appeals process for low or
moderate income housing denied by zoning board of appeals
Section one creates and establishes the appeal process.
Subsection one establishes definitions for low or moderate-income hous-
ing development, uneconomic, consistent with local need, local board,
local board of zoning appeals, state zoning board of appeals, limited-
dividend organization, public agency, nonprofit organization, division,
specific, adverse impact, and housing unit
Subsection two streamlines the process through which low or moderate-in-
come housing developments seek permits to zoning board of appeals
Subsection three establishes the right for low- or moderate-income hous-
ing developments to appeal to a state board
Subsection four establishes protocols for hearings for low- or moder-
ate-income housing development appeals
Subsection five establishes the state zoning board of appeals
Subsections six authorizes the Division of Homes and Community Renewal
to promulgate rules and/or regulations necessary for the implementation
of the provisions of this section
Section two directs the Division of Homes and Community Renewal to
conduct a study regarding the Qualified Allocation Plan for Low Income
Housing Tax Credits
Section three sets the effective date.
 
JUSTIFICATION:
The cost of housing has long been a major expense and challenge for
working families across New York State, but many municipalities' land
use regulations effectively prevent the construction of new affordable
housing. In many cases, these land use regulations maintain patterns of
economic racial segregation first established by redlining and explicit
housing discrimination in the first half of the 20th century.
As a result, what little affordable housing exists is largely concen-
trated in a small number of neighborhoods in a limited number of munici-
palities. The concentration of affordable housing into a few areas
limits housing choice for low-income individuals and families. Insuffi-
cient housing choice makes it harder for these families to access job
opportunities, see friends and family, and keep children in their
current school systems.
By drawing on the experience of neighboring states like Massachusetts
and New Jersey who have instituted policies to build more affordable
housing in more neighborhoods, we can make a real difference in the
lives of people by expanding their housing choice while working to
change systems of segregation. This bill creates an appeals process for
affordable housing projects that have been denied by zoning boards with-
out adequate justification in municipalities where less than 15% of
existing housing stock is affordable.
 
LEGISLATIVE HISTORY:
2023-2024 - S.668 (May) / A.3111 (Kelles)
2021-2022 - S.7635A (May)
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
180 days after becoming law.