Governor Kathy Hochul recently signed Executive Order No. 30, entitled “Directing State Agencies, Authorities, and Entities to Prioritize the Allocation of Certain Discretionary Funds to those Localities that Promote the Construction of Housing” (the “Executive Order”). The Executive Order directs the Division of Housing and Community Renewal (“HCR”) to establish a certification process to rank localities based on their willingness to prioritize housing growth. HCR is tasked with developing criteria for such certification.

Localities that attain the HCR certification will become a “Certified Locality” and will be prioritized in applications to receive funds from Pro-Housing Community Programs administered by state agencies. The goal is to recognize and reward municipalities that actively seek to promote housing development in their community. Under the Executive Order, localities refers to “all cities, towns or villages that regulate planning, land use, zoning, and/or local and regional growth and development.”

The following Pro-Housing Community Programs, which total more than $650 million in discretionary state funding programs, will give special consideration to Certified Localities:

• 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

In addition, the Executive Order also directs state agencies, public benefit corporations and related entities to consider state-owned lands that may be utilized to support housing development. The Executive Order specifically asks such agencies to review potential housing development sites owned by the State University of New York, the Metropolitan Transportation Authority and the New York State Department of Transportation (including but not limited to existing parking facilities).

Harris Beach’s Affordable Housing team is monitoring this development. Should you have questions about housing development or would like to be informed of any future developments on this topic, please feel free to reach out to Michael E. Condon at (585) 419-8603 and mcondon@harrisbeach.com; Melanie C. Marotto at (716) 200-5230 and mmarotto@harrisbeach.com; Charles W. Russell at (585) 419-8635 and crussell@harrisbeach.com; or Linnea B. Spagnoletti at (585) 419-8623 and lspagnoletti@harrisbeach.com.

This alert does not purport to be a substitute for advice of counsel on specific matters.

Harris Beach has offices throughout New York State, including Albany, Buffalo, Ithaca, Long Island, New York City, Rochester, Saratoga Springs, Syracuse and White Plains, as well as New Haven, Connecticut, Washington, D.C. and Newark, New Jersey.