New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.110 - Executive Order No. 110: Directing State Agencies, Authorities, and Entities to Prioritize the Allocation of Certain Discretionary Funds toThose Localities That Promote the Construction of Housing

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the cost of housing in New York State is among the
					 most expensive in the nation. The cost to purchase a home or to rent a home is
					 caused, in part, by onerous local government policies that unduly inhibit
					 housing development generally or prohibit the approval of certain housing
					 proposals and thereby increase development costs and restrict the housing
					 supply;
WHEREAS, local policies, practices, and decisions that
					 impede housing development, particularly the production of multifamily units,
					 hamper employment growth; increase the cost of living; contribute to sprawl;
					 worsen traffic problems and commuting times; and constrain housing choice for
					 low-income households and households of color who disproportionately rely on
					 multifamily housing to provide them with housing opportunities that they can
					 afford; thus, such policies, practices, and decisions lead to unintended
					 consequences to public health, safety, and general community welfare;
WHEREAS, the State lacks critical information regarding
					 local planning, land use, and zoning practices, as well as regarding housing
					 production, all of which is necessary for the State to assist localities in
					 housing development and to identify and redress impediments to housing growth
					 throughout New York;
WHEREAS, the State has discretion regarding the
					 prioritization of certain funds awarded by the State on a competitive basis to
					 applicants that may include municipal governmental entities;
WHEREAS, the State has the authority to prioritize the
					 award of some discretionary funds to help further critical state
					 interests;
WHEREAS, it is a matter of State concern and the policy of
					 the State that localities and the municipal entities they support or control
					 must begin to take steps to address overly restrictive local housing policies,
					 practices, and decisions to best ensure and maintain public health, safety, and
					 general community welfare, and to encourage and support the production of
					 housing across New York, especially multifamily, affordable, and supportive
					 housing developments;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York, do hereby order, effective until such time as I may declare,
					 as follows:
Definitions:
a.
				  "Affected State Entities" means (i) all agencies, offices, and departments over
				  which the Governor has executive authority, and (ii) all public benefit
				  corporations, public authorities, boards, and commissions, for which the
				  Governor appoints the Chair, the Chief Executive, or the majority of Board
				  Members, except for the Port Authority of New York and New Jersey, any
				  interstate or international authorities as defined in section two  of the public
				  authorities law, and any local authorities as defined in section two  of the
				  public authorities law.
b.
				  "Locality" shall refer to all cities, towns, or villages that regulate
				  planning, land use, zoning, and/or local and regional growth and development
				  pursuant to the general city law, the town law, the village law, the municipal
				  home rule law, or other state law, as applicable
c. 'The Division' shall refer to the Division
				  of Housing and Community Renewal.
d.
				  "Pro-Housing Community Programs" includes:
i.
				  the following programs:
A. the Downtown
				  Revitalization Initiative (DRI) administered by the Department of
				  State;
B. the NY Forward program
				  administered by the Department of State;
C. the Regional Council Capital Fund program
				  administered by Empire State Development;
D. the New York Main Street program
				  administered by New York State Homes and Community Renewal;
E. any capital grants made pursuant to the
				  Market New York program administered by Empire State Development;
F. the Long Island Investment Fund (LIIF)
				  administered by Empire State Development;
G. the Mid-Hudson Momentum Fund administered
				  by Empire State Development;
H. the
				  Public Transportation Modernization Enhancement Program (MEP) administered by
				  the Department of Transportation; and