Requires municipal corporations to approve any facility intending to house asylum seekers prior to their establishment; establishes a review process that incorporates notice to the public and the opportunity for the public to comment; renders a decision within 8 weeks.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8072
SPONSOR: Gray TITLE OF BILL:
An act requiring municipal corporations to approve any facility intend-
ing to house asylum seekers
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require approval from local governments in order for
asylum seekers to be housed within a city, town or village
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the General Municipal Law by requiring that any facil-
ity intending to house asylum seekers shall prior to establishing and/or
operating such facility, seek approval from the municipal corporation in
which such facility will be located
Section 2: Establishes the effective date
JUSTIFICATION:
Amidst the migrant crisis in New York City, some officials are suggest-
ing that Upstate municipalities alleviate the problem. Many areas
throughout New York are not prepared to handle such an influx of people.
New York City's "Right to Shelter" law does not apply throughout the
state, and sending people to an area unplanned and unprepared is not a
successful strategy. This bill would require a complete review of commu-
nity resources before a premise in a municipality can accept asylum
seekers. The municipality must review its capacity and ability to
provide public services, transportation services, health services,
educational services, public safety, and proper housing. This bill would
also require public input on the proposed facility, ensuring the proper
siting and the community's concerns are addressed. This bill would
protect the rights of localities and provide the appropriate and
respectful treatment of refugees seeking asylum.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
EFFECTIVE DATE:
Thirty days after becoming law
STATE OF NEW YORK
________________________________________________________________________
8072
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. GRAY, BEEPHAN, J. A. GIGLIO, J. M. GIGLIO,
BLUMENCRANZ, WALSH, ANGELINO, SMULLEN, BRABENEC, BLANKENBUSH, BENDETT,
SIMPSON, MIKULIN, JENSEN -- read once and referred to the Committee on
Local Governments
AN ACT requiring municipal corporations to approve any facility intend-
ing to house asylum seekers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Any facility intending to house asylum seekers shall,
2 prior to establishing and/or operating such facility, seek approval from
3 the municipal corporation in which such facility will be located.
4 2. For the purposes of this act, the following terms shall have the
5 following meanings:
6 (a) "Asylum seeker" shall mean an individual who changes their country
7 of usual residence to seek temporary or permanent residence in another
8 country, and who has applied for asylum under 8 U.S. Code § 1158 or is
9 eligible to apply; or who is a refugee as defined by section 101(a)(42)
10 of the Immigration and Nationality Act (INA).
11 (b) "Municipal corporation" shall mean a county, city, town or
12 village.
13 3. Every municipal corporation shall establish a review process for
14 facilities intending to house asylum seekers. Such review process shall
15 include, but not be limited to, the following:
16 (a) submission of a detailed plan outlining the facility's purpose,
17 capacity, security measures, and any anticipated impact on the community
18 located within such municipal corporation;
19 (b) notice to the public including the opportunity for public input
20 through public hearings, to allow residents and stakeholders to express
21 their views regarding the proposed facility;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13212-01-3
A. 8072 2
1 (c) the availability of public services, transportation services,
2 health services, educational services, and infrastructure in the vicini-
3 ty of the proposed facility;
4 (d) an evaluation of any potential social, economic, or environmental
5 impacts associated with the facility; and
6 (e) collaboration with relevant state agencies, including but not
7 limited to, those responsible for health and human services, to ensure
8 compliance with applicable laws and regulations.
9 4. A decision based on the findings from subdivision three of this
10 section shall be rendered by the municipal corporation and delivered to
11 the operator or owner of such proposed facility no later than 8 weeks
12 after such approval is sought.
13 5. If the municipal corporation denies the establishment of such
14 facility, the operator or owner may appeal the decision to the applica-
15 ble administrative body as provided by law.
16 § 2. This act shall take effect on the thirtieth day after it shall
17 have become a law. Effective immediately, the addition, amendment and/or
18 repeal of any rule or regulation necessary for the implementation of
19 this act on its effective date are authorized to be made and completed
20 on or before such effective date.
