Bill Text: NY A05342 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes an accessory dwelling unit incentive program to encourage the creation of accessory dwelling units; includes accessory dwelling units in the definition of the term housing accommodations in the human rights law; provides for a temporary property tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-01-03 - referred to housing [A05342 Detail]

Download: New_York-2023-A05342-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5342

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Housing

        AN ACT to amend the real property law, in relation  to  establishing  an
          accessory  dwelling unit incentive program; and to amend the executive
          law, in relation to including an accessory dwelling unit in  the  term
          housing accommodations in the human rights law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property law is amended by adding a new article 16
     2  to read as follows:
     3                                 ARTICLE 16
     4                          ACCESSORY DWELLING UNITS
     5  Section 480. Definitions.
     6          481. Accessory dwelling unit incentive program and local laws.
     7          482. Low- and moderate-income homeowners program.
     8    § 480. Definitions. As used in this article, unless the context other-
     9  wise requires, the following terms shall have the following meanings:
    10    1. "Accessory dwelling unit" shall mean  an  attached  or  a  detached
    11  residential  dwelling  unit  that  provides  complete independent living
    12  facilities for one or more persons which is located  on  a  lot  with  a
    13  proposed  or  existing  primary  residence  and  shall include permanent
    14  provisions for living, sleeping, eating, cooking, and sanitation on  the
    15  same lot as the single-family or multi-family dwelling.
    16    2. "Local government" shall mean a city, town or village.
    17    3.  "Low-income  homeowners"  shall  mean  homeowners  with an income,
    18  adjusted for family size, not exceeding eighty percent of the area medi-
    19  an income.
    20    4. "Moderate-income homeowners" shall mean homeowners with an  income,
    21  adjusted  for  family  size, not exceeding one hundred twenty percent of
    22  the area median income as defined by the division.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09847-01-3
        A. 5342                             2

     1    5. "Nonconforming zoning condition" shall mean a physical  improvement
     2  on a property that does not conform with current zoning standards.
     3    6.  "Proposed dwelling" shall mean a dwelling that is the subject of a
     4  permit application and that meets the requirements for permitting.
     5    7. "Division" shall mean the New York state division  of  housing  and
     6  community renewal.
     7    §  481.  Accessory  dwelling unit incentive program and local laws. 1.
     8  Within one hundred eighty days of the effective date  of  this  article,
     9  the division shall establish an opt-in program for local governments who
    10  already  have  or  who  enact  a  local  law or ordinance that meets the
    11  requirements of subdivision two of this  section  which  encourages  the
    12  creation of accessory dwelling units. A local government shall have five
    13  years  from the date such program is established to enact such local law
    14  or ordinance to qualify for the program.
    15    2. (a) To qualify for the program established pursuant to  subdivision
    16  one of this section, a local law or ordinance shall:
    17    (i)  Designate  areas  within the jurisdiction of the local government
    18  where accessory dwelling units  shall  be  permitted.  Designated  areas
    19  shall include all areas zoned for single-family or multi-family residen-
    20  tial use, and all lots with an existing residential use.
    21    (ii)  Provide  for protections for existing illegal accessory dwelling
    22  units to aid in the conversion of such units  to  become  legal  and  in
    23  compliance  with  state and local regulations, including but not limited
    24  to: (1) a mechanism for the conversion of an illegal accessory  dwelling
    25  unit  to  be  a legal unit, provided such unit is in compliance with all
    26  applicable fire and safety codes; and (2)  protections  for  tenants  of
    27  illegal accessory dwelling units from unreasonable rent increases.
    28    (iii)  Provide  for  a  streamlined approval process involving no more
    29  than one meeting with the applicable approving authority,  and  limiting
    30  the  cost  of  any necessary applications and permits to a total of five
    31  hundred dollars.
    32    (iv) Provide that sewer and septic hookups shall be governed under the
    33  applicable existing local requirements.
    34    (b) A qualifying local law or ordinance may:
    35    (i) Require owner occupancy in either the primary or accessory  dwell-
    36  ing unit.
    37    (ii) Set a minimum lease duration for accessory dwelling units.
    38    (iii) Limit the total build out to the existing allowable square-foot-
    39  under-floor ratio and lot coverage, consistent with existing setback for
    40  other accessory uses.
    41    (iv)  Set  minimum  or  maximum  size limits for an accessory dwelling
    42  unit.
    43    (c) To qualify for the program established pursuant to subdivision one
    44  of this section, a local law or ordinance shall not:
    45    (i) Impose an off-street parking requirement on an accessory  dwelling
    46  unit,   except  where  no  adjacent  public  street  permits  year-round
    47  on-street parking and the accessory dwelling unit is greater  than  one-
    48  half  mile from a subway stop, rail station or bus stop. For purposes of
    49  this subparagraph, an adjacent public  street  shall  be  considered  as
    50  permitting  year-round  on-street  parking  notwithstanding  rules  that
    51  prohibit parking during limited hours or on certain days of the week.
    52    (ii) Impose undue or unnecessary fire and safety  codes  on  accessory
    53  dwelling units.
    54    (iii)  Require  more  than  one point of exterior access by door to an
    55  accessory dwelling unit.
        A. 5342                             3

     1    3. To opt-in to the program established pursuant to subdivision one of
     2  this section a local government shall submit a copy of its local law  or
     3  ordinance  to  the  division.  Within  ninety days of receipt of a local
     4  government's law or ordinance, the division shall submit  written  find-
     5  ings  to the local government as to whether the local government's local
     6  law or ordinance qualifies for the program.
     7    4. All local governments who opt-in to the program and are  determined
     8  by  the  division  to  have a qualifying local law or ordinance shall be
     9  eligible for a ten percent increase of points on such local government's
    10  consolidated funding application, a ten  percent  increase  in  aid  and
    11  incentives  for municipalities and aid and incentives for municipalities
    12  related payments, increased eligibility for  individual  infrastructure,
    13  transportation, parks, and economic development grants.
    14    §  482.  Low-  and  moderate-income  homeowners program. 1. Within one
    15  hundred eighty days of the effective date of this article, the  division
    16  shall  establish  a  lending program to assist low-income homeowners and
    17  moderate-income homeowners in securing financing  for  the  creation  of
    18  accessory dwelling units.
    19    2.  An  accessory  dwelling  unit financed with the assistance of such
    20  program shall, if such assistance is in the form of a  forgivable  grant
    21  at  a below-market rate for a period of no less than thirty years and if
    22  any such assistance is in the form of a repayable loan, be  offered  for
    23  rent at a below-market rate for a period of fifteen years.
    24    3.  Such  program  shall  be funded through capital projects appropri-
    25  ations and reappropriations set forth in the state fiscal  year  housing
    26  program.
    27    4.  Within one hundred eighty days of the effective date of this arti-
    28  cle, the division shall establish a program to provide technical assist-
    29  ance to all homeowners seeking to create an accessory dwelling unit, and
    30  to protect tenants of accessory dwelling units  against  discrimination,
    31  unreasonable rent increases and unwarranted evictions.
    32    5.  An  accessory  dwelling  unit financed with the assistance of such
    33  program shall be limited to an annual maximum rent increase of the lower
    34  of (a) three percent or (b) one and one-half times the annual percentage
    35  change in the consumer price index for the region in which the accessory
    36  dwelling unit is located.
    37    6. The division  shall  promulgate  program  criteria  and  guidelines
    38  necessary to carry out such program.
    39    §  2.  Section  292  of  the  executive law is amended by adding a new
    40  subdivision 42 to read as follows:
    41    42. The term "housing accommodation" as used  in  this  article  shall
    42  include  an  accessory  dwelling  unit  as defined in subdivision one of
    43  section four hundred eighty of the real property law.
    44    § 3. Paragraph (a) of subdivision 1 of section 296  of  the  executive
    45  law,  as separately amended by chapters 202 and 748 of the laws of 2022,
    46  is amended to read as follows:
    47    (a) For an employer or licensing agency, because  of  an  individual's
    48  age,  race,  creed,  color,  national origin, citizenship or immigration
    49  status, sexual orientation,  gender  identity  or  expression,  military
    50  status,  sex, disability, predisposing genetic characteristics, familial
    51  status, marital status, or status as a victim of domestic  violence,  to
    52  refuse  to hire or employ or to bar or to discharge from employment such
    53  individual or to discriminate against such individual in compensation or
    54  in terms, conditions or privileges of employment.  In  the  case  of  an
    55  accessory  dwelling  unit  as defined in subdivision one of section four
    56  hundred eighty  of  the  real  property  law,  the  exemption  from  the
        A. 5342                             4

     1  provisions  of  this paragraph for the rental of a housing accommodation
     2  in a building which contains housing accommodations for  not  more  than
     3  two families living independently of each other, if the owner resides in
     4  one of such accommodations, shall not apply.
     5    § 4. This act shall take effect immediately.