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§ 25-117 Equitable development data tool.
   a.   Definitions. For the purposes of this section, the following terms have the following meanings:
      Area median income. The term “area median income” means the income limits as defined annually by the United States department of housing and urban development (HUD) for the New York, NY HUD Metro FMA Area (HMFA).
      Department. The term “department” means the department of housing preservation and development and the department of city planning.
      Extremely low income (ELI) household. The terms "extremely low income household" and “ELI household” mean a household that has an income of no more than 30 percent of the area median income, adjusted for the size of the household.
      Extremely low income affordable housing (ELI-AH) unit. The terms "extremely low income affordable housing unit" and “ELI-AH unit” mean a housing unit that is required to be affordable to an extremely low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality.
      Higher income (HI) household. The terms “higher income household” and “HI household” mean a household that has an income of more than 165 percent of the area median income, adjusted for the size of the household.
      Low income (LI) household. The terms "low income household" and “LI household” mean a household that has an income of more than 50 percent but no more than 80 percent of the area median income, adjusted for the size of the household.
      Low income affordable housing (LI-AH) unit. The terms "low income affordable housing unit" and “LI-AH unit” mean a housing unit that is required to be affordable to a low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality.
      Middle income (MIDI) household. The terms "middle income household" and “MIDI household” mean a household that has an income of more than 120 percent but no more than 165 percent of the area median income, adjusted for the size of the household.
      Middle income affordable housing (MIDI-AH) unit. The terms "middle income affordable housing unit" and “MIDI-AH unit” mean a housing unit that is required to be affordable to a middle income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality.
      Moderate income (MI) household. The terms "moderate income household" and “MI household” mean a household that has an income of more than 80 percent but no more than 120 percent of the area median income, adjusted for the size of the household.
      Moderate income affordable housing (MI-AH) unit. The terms "moderate income affordable housing unit" and “MI-AH unit” mean a housing unit that is required to be affordable to a moderate income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality.
      Rent burden. The term “rent burden” means household housing costs that exceed 30 percent of the household’s income.
      Very low income (VLI) household. The terms "very low income household" and “VLI household” mean a household that has an income of more than 30 percent but no more than 50 percent of the area median income, adjusted for the size of the household.
      Very low income affordable housing (VLI-AH) unit. The terms "very low income affordable housing unit" and “VLI-AH unit” mean a housing unit that is required to be affordable to a very low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality.
   b.   Equitable development data tool. The department, with the cooperation of any other relevant agencies, shall develop and publish an equitable development data tool. The tool shall be available online for public use and any other use required by law. The tool shall be accessible through the city’s website, be updated by the department at least annually, and present the categories, data and indicators set forth in subdivision c of this section at the following levels of geography: (i) a neighborhood level to be determined by the department, where statistically reliable data is available, (ii) public use microdata area or community district, where statistically reliable data is available, (iii) boroughwide and (iv) citywide. The tool shall be capable of generating reports of such data and indicators for any such level of geography. The department may include additional levels of geography, including census tracts, if statistically reliable data is available.
   c.   Categories, data and indicators. The equitable development data tool shall include, but need not be limited to, the following categories: (i) demographic conditions, (ii) household economic security, (iii) neighborhood quality of life and access to opportunity, (iv) housing security, affordability and quality, (v) housing production and (vi) a displacement risk index. Where available, such data shall be disaggregated by race and Hispanic origin, and include data for such categories for the prior two decades to describe recent trends over time. The department, with the cooperation of any other relevant agencies, may identify data and indicators for each category, provided that such data and indicators shall include, to the extent available, the following:
      1.   Demographic conditions, including but not limited to race and Hispanic origin, limited English speaking households, foreign born population and age;
      2.   Household economic security, including but not limited to median household income, distribution of households by income levels corresponding to ELI, VLI, LI, MI, MIDI, and HI households, labor force participation, employment by occupation or industry sector, average wages by occupation or industry sector, and educational attainment;
      3.   Neighborhood quality of life and access to opportunity, including but not limited to health outcomes, access to open space, indicators of public safety, indicators of school quality, indicators of access to transit and employment opportunities;
      4.   Housing security, affordability and quality, including but not limited to median rent, median home value, housing tenure, share of housing units that are rent-stabilized, share of housing units that are income-restricted, share of households that are rent-burdened, share of housing units affordable to ELI, VLI, LI, MI, MIDI and HI households, residential eviction cases filed in housing court and residential evictions executed by city marshals pursuant to a warrant issued in accordance with section 749 of the real property actions and proceedings law, share of housing units with three or more maintenance deficiencies, share of housing units that are overcrowded, affordable housing lottery applicants and awardees as described in the most recent report required by section 26-2602 and number of individuals and families in the shelter system operated by the department of homeless services or a provider under contract or similar agreement with the department of homeless services by community district based on last known address of such individuals or families, where known.
      5.   Housing production, including but not limited to total additions and subtractions to housing units; ELI-AH, VLI-AH, LI-AH, MI-AH and MIDI-AH unit production; ELI-AH, VLI-AH, LI-AH, MI-AH and MIDI-AH unit preservation; and portion of area that is within historic districts; and
      6.   A displacement risk index comprised of indicators of population vulnerability, housing conditions and neighborhood change, including but not limited to race and Hispanic origin, income, English language proficiency, share of housing units that are renter-occupied, share of housing units that are rent-stabilized, share of housing units that are income-restricted, share of households experiencing rent burden, trends in housing prices and rents, and share of housing units with three or more maintenance deficiencies.
   d.   Availability. The equitable development data tool shall be available for public use by April 1, 2022, provided that the department shall release a draft equitable development data tool before such date and shall hold a public hearing regarding such draft tool not fewer than 60 days after such release.
   e.   Updates of methodologies and indicators. The department, with the cooperation of any other relevant agencies, shall update the methodologies and indicators comprising the equitable development data tool as new data sources and analytical tools are developed. The website where the tool is available to the public shall include the sources for all data used in the tool, information about limitations or statistical reliability of such data, information about the methodology used to select and weigh the indicators included in the displacement risk index and any necessary explanation about such data that is unavailable or unreliable at any level of geography described in subdivision b of this section. Whenever the department updates such a methodology or indicators the department shall post on such website a description of the update and the reasons for the update.
(L.L. 2021/078, 7/18/2021, eff. 7/18/2021)