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Senate advances bill requiring municipal housing reporting amid objections over potential CDBG cuts
Summary
Senator May's bill to require towns, villages and cities to submit zoning maps and annual housing reports to state agencies cleared the Senate after debate over whether the requirement would amount to an unfunded mandate and whether noncompliance penalties could reduce CDBG funds by 50%.
The New York State Senate debated and then restored to the noncontroversial calendar — and later passed — a bill sponsored by Senator May that would require municipalities to submit annual zoning maps and reports on housing construction, alteration, demolition and consolidation to the Department of Homes and Community Renewal (HCR) and have that information posted by the Department of State.
Senator Walzick questioned the sponsor on the floor, saying the bill's penalties could amount to a 50% cut in Community Development Block Grant (CDBG) funding for communities that do not comply. "How does that 50% cut to poor areas help them improve low and moderate income areas in the state?" Walzick asked, arguing that the measure would impose an unfunded mandate on the state's smallest municipalities and could shift costs to local taxpayers.
Senator May, the sponsor, replied that the bill's purpose is to ensure consistent, statewide data about housing stock and zoning so state investments are better targeted. "The purpose of this bill is to make sure that communities are collecting and reporting basic information about housing stock and housing plans," May said, adding that many communities already collect much of the information and that an implementation ramp and exemptions (communities with population under 5,000 are excluded in the bill's draft) are part of the design.
Other senators pressed May for details on several points: whether "alteration" covers every permit or only those that change a building's housing capacity; whether villages that are coterminous with a town would be treated differently; and whether the state would provide funding for compliance. The sponsor said technical definitions and reporting details would largely be worked out by HCR with public comment and that funding needs could be addressed in future budgets.
Senator Helming voiced opposition on fiscal grounds and described the bill as an unfunded mandate that could increase property taxes. Senator Martins also announced a no vote, arguing the bill interferes with local control and imposes burdens without providing funding.
After floor debate and a consent agreement to restore the bill to the noncontroversial calendar, the Senate recorded votes and announced the bill passed.
The bill directs state agencies to consolidate municipal zoning and housing information and to make it publicly accessible; implementation details, definitions for terms such as "alteration," and potential budget support were left to HCR rulemaking or subsequent budget action, according to the sponsor.
