Gov. Hochul wants to change zoning laws, but local officials oppose this decision

by Verus Real Estate

At the end of January, Governor Hochul of New York announced plans to address the affordability crisis in the state. The initiative includes a $25 billion investment to expand access to affordable housing and create and preserve 100,000 affordable units. 

Gov. Hochul wants to legalize accessory dwelling units (ADUs), such as backyard cottages, garages, and basements in all areas zoned for single-family use. 

Since the home prices in New York continue to rise, many homeowners decide to build ADUs to house their family members or earn an additional income by renting out the unit. The proposal will require local municipalities to change land-use restrictions. According to the new legislation, homeowners can build a minimum of one ADU on residentially zoned lots. 

The proposal will allow municipalities to set size and safety requirements and create an amnesty program to legalize existing ADUs. The amnesty program will expect homeowners to bring the existing ADUs into compliance with the building code and ensure the units’ safety. The main goal of this bill is to reduce the housing cost and bring families closer together. 

However, recently, a candidate for governor, Rep. Tom Suozzi, joined local elected officials in opposing Gov. Hochul’s proposal, Politics New York reports. Rep. Suozzi does not support the new legislation saying “it will take away zoning control from municipal governments and end single-family housing.” Instead, he offers to increase funding for affordable housing and density in downtown areas. 

On January 27, the town of North Castle issued an official statement opposing the S4547A Dwelling Unit Law and asked Gov. Hochul to preserve and protect home rules and local zoning powers. 

 

Resources:

Governor Hochul Announces Sweeping Plans to Address Housing Affordability Crisis in New York State,” (New York State, 2022)

Suozzi, Local Electeds Assail Hochul’s Rezoning Plans,” by Stephen Witt (Politics New York, 2022)

Hochul proposes series of laws that would allow expanded housing construction,” by Ari Ephraim Feldman (Spectrum News NY 1, 2022)

Are Accessory Dwelling Units Legal in New York? Yes—When This New Bill Passes,” by Lynette Padwa (Maxable, 2021)

Resolution: Town of North Castle - January 26, 2022, In Consideration of Proposed NYS Legislation S4547A - Accessory Dwelling Unit Law,” (Town Of North Castle, 2022)

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