LEGAL CORNER: NYC Passes the FARE Act and Restricts the Payment of Commissions by Tenants
The real estate industry has expressed concerns regarding the potential repercussions of the FARE Act.
Certified communities include locations in Long Island, the Mid-Hudson, Central New York, Western New York, Mohawk Valley, Southern Tier, North Country, and Capital regions.
ALBANY—As part of her efforts to significantly boost housing development in New York, Gov. Kathy Hochul announced on Feb. 7 that 20 communities in the state have been certified as “Pro-Housing Communities” that will have a leg up on other applicants for up to $650 million in state discretionary funding.
Among the certified communities include locations in Long Island, the Mid-Hudson, Central New York, Western New York, Mohawk Valley, Southern Tier, North Country, and Capital regions. A total of seven communities in the Mid-Hudson were certified: the Village of Croton-on-Hudson; the City of Kingston; the City of New Rochelle; the City of Newburgh, the City of Poughkeepsie; the town of Red Hook and the City of White Plains. The only other location in the New York metro region to secure certification was the Village of Mineola in Nassau County.
“These 20 communities—and more than 60 others who have started their applications—are taking a stand to build a better, more prosperous, and more affordable future for New York,” Gov. Hochul said. “The only way to solve the housing crisis is to build hundreds of thousands of new homes, and through the Pro-Housing Communities program, my administration is continuing to put its full-fledged support, including up to $650 million, behind communities that are serious about housing growth.”
Last year the governor signed an Executive Order to establish the Pro-Housing Community Program in order to recognize and reward municipalities actively working to unlock their housing potential and encourage others to follow suit. Localities that have successfully unlocked housing growth or committed to taking important steps to support housing, such as by streamlining permitting and adopting pro-housing policies, and that have applied and submitted critical housing and zoning data to the state, will receive a certification from New York State Homes and Community Renewal that will make them eligible for $650 million in state discretionary funding.
The discretionary funding programs include: the Downtown Revitalization Initiative, administered by the Department of State; NY Forward, administered by the Department of State; Regional Council Capital Fund, administrated by Empire State Development; New York Main Street, administered by New York State Homes and Community Renewal; Market New York capital grants, administered by Empire State Development; Long Island Investment Fund, administered by Empire State Development; Mid-Hudson Momentum Fund, administered by Empire State Development; and Public Transportation Modernization Enhancement Program, administrated by the Department of Transportation
Localities who submit documentation that their housing stock has increased by 1% in the previous year or 3% over the previous three years (downstate) or by 0.33% in the last year or 1% over the previous three years (upstate) will qualify for the certification. Communities that have not yet seen housing growth can also achieve Pro-Housing Community designation by passing a resolution stating their commitment to Pro-Housing principles along with submitting the required housing and zoning data, state officials noted.
The Homes and Community Renewal is reviewing program applications on a rolling basis and will provide approval or denial within 90 days of submission.
The governor called the officials of the 20 certified communities “the visionaries, you're the leaders. I want to give you all a round of applause. And not just you 20, but—the numbers keep rolling in literally by the hour—we have another 60 plus communities that have already said they have sent us a letter of intent and we're going to process them very quickly.”
Among the officials from the Hudson Valley at the roundtable with the governor included Kingston Mayor Steve Noble, Poughkeepsie Mayor Yvonne Flowers and Croton-on-Hudson Deputy Mayor and Trustee Len Simon. All were supportive of the governor’s efforts to incentivize housing development in their respective communities.
Croton-on-Hudson’s Simon said the village has made many advances in multifamily and affordable housing over the past several years. He noted that there are currently 101 units of housing under construction in the village with 40% of those units designated as affordable.
“We look forward to this partnership with the state,” Simon said. He added that Croton is also in partnership with the state and NYSERDA and has been designated as the number one “Clean Energy” community in the state.
Poughkeepsie Mayor Flowers said the opportunity to partner with the state on developing new housing in the city brings hope to the city that she admits is struggling. “I watch families who are literally crying because they now have to leave their homes or because there is no place for them to go that they can afford,” she said.
She noted that the City of Poughkeepsie has been expanding its housing stock and has been working with its community partners, including Habitat for Humanity, to create homeownership opportunities. The city is also looking to revise its zoning codes to ensure it can increase the housing available in its Main Street corridor.
The governor in her State of the State address earlier this year announced measures to help New York City address its housing shortage; a $500 million fund to unlock up to 15,000 units of housing on state-owned land; and actions to combat discrimination against low- and moderate-income New Yorkers using Section 8 housing vouchers and affordable housing providers. The Governor's Executive Budget proposal also includes measures to further enhance protections for homeowners and families against deed theft.
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