LEXSTAT NY CLS Gen Mun @ 693
NEW YORK CONSOLIDATED LAWS SERVICES
Copyright (c) 1998, LEXIS Law Publishing, a division of Reed Elsevier
*** THIS SECTION IS CURRENT THROUGH 1999 CH. 48 ***
*** WITH THE EXCEPTION OF CHS. 1-5, 25, 31, 40, AND 46 ***
GENERAL MUNICIPAL LAW
ARTICLE 16.  URBAN DEVELOPMENT ACTION AREA ACT
NY CLS Gen Mun § 693 (1999)

§ 693.  Area designation

   An urban development action area shall by resolution be designated by the governing body, or by the commission where so authorized to act by the governing body, on its own initiative or upon recommendation of the agency, provided at least eighty percent of such area is municipally owned. Any such designation shall be in conformance with the standards and procedures required for all land use determinations pursuant to general, special or local law or charter. Provided, however, that if a proposed urban development action area project is to be developed on municipally-owned land and consists solely of the rehabilitation or conservation of existing private or multiple dwellings or the construction of one to four unit dwellings without any change in land use permitted by local zoning, the governing body, or the commission where so authorized to act by the governing body, may waive the area designation requirement.

HISTORY:    Add, L 1979, ch 505, § 2, eff July 10, 1979.

   Amd, L 1982, ch 486, § 1, eff July 13, 1982.

NOTES:

CROSS REFERENCES:

   This section referred to in § § 692, 694

   This section referred to in § § 692, 694

RESEARCH REFERENCES AND PRACTICE AIDS:

   87 NY Jur 2d, Public Housing and Urban Renewal § § 80, 81

CASE NOTES

   Rational basis existed to treat housing units as separate one- to 4-unit dwellings even though they shared some sewage and heating facilities, where buildings were otherwise independent, they were separated by fire and bearing walls, each had its own entrance, none were connected by common halls, and each expected to be autonomous in its own operations as condominium; thus, CLS Gen Mun § 693 was not violated by city council's decision to waive land use review with respect to proposed project to build low-cost housing on city-owned lots left vacant by demolition of abandoned buildings.New York City Coalition for the Preservation of Gardens v Giuliani (1997, Sup) 175 Misc 2d 644, 670 NYS2d 654.

   With respect to project to build low-cost housing on city-owned lots left vacant by demolition of abandoned buildings, neither proposed construction of condominium units with attached commercial space taking up no more than fraction of entire project (which was permitted by local zoning laws), nor incidental inclusion of one, 2 or 3 ordinary stores in residential project, precluded city council from waiving land use review under CLS Gen Mun § 693.New York City Coalition for the Preservation of Gardens v Giuliani (1997, Sup) 175 Misc 2d 644, 670 NYS2d 654.