S T A T E O F N E W Y O R K
________________________________________________________________________
888
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, ERRIGO -- read once and referred to
the Committee on Housing
AN ACT to amend the private housing finance law, in relation to zoning
for second residential units
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declarations. The legislature
finds and declares that there is a tremendous unmet need for new housing
to shelter New York's population. The unmet housing needs will be
further aggravated by the cutbacks in federal housing programs. The
legislature further finds and declares that New York's existing housing
resources are vastly underutilized due in large part to the changes in
social patterns. The improved utilization of this state's existing hous-
ing resources offers an innovative and cost-effective solution to New
York's housing crisis. The legislature finds and declares that the state
has a role in increasing the utilization of New York's housing resources
and in reducing the barriers to the provision of affordable housing. The
legislature finds and declares that there are many benefits associated
with the creation of second-family residential units on existing
single-family lots, which include:
(1) Providing a cost-effective means of serving development through
the use of existing infrastructures, as contrasted to requiring the
construction of new costly infrastructures to serve development in unde-
veloped areas.
(2) Providing relatively affordable housing for low and moderate-in-
come households without public subsidy.
(3) Providing a means for purchasers of new or existing homes, or
both, to meet payments on high interest loans.
(4) Providing security for homeowners who fear both criminal intrusion
and personal accidents while alone.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01426-01-9
A. 888 2
S 2. The private housing finance law is amended by adding a new arti-
cle 18-B to read as follows:
ARTICLE XVIII-B
SECOND RESIDENTIAL UNITS
SECTION 1107. SECOND RESIDENTIAL UNITS.
S 1107. SECOND RESIDENTIAL UNITS. 1. ANY MUNICIPALITY MAY, BY ORDI-
NANCE, PROVIDE FOR THE CREATION OF SECOND UNITS IN SINGLE-FAMILY AND
MULTI-FAMILY RESIDENTIAL ZONES CONSISTENT WITH ALL OF THE FOLLOWING
PROVISIONS:
(A) AREAS MAY BE DESIGNATED WITHIN THE JURISDICTION OF THE MUNICI-
PALITY WHERE SECOND UNITS MAY BE PERMITTED.
(B) THE DESIGNATION OF AREAS MAY BE BASED ON CRITERIA, WHICH MAY
INCLUDE, BUT ARE NOT LIMITED TO, THE ADEQUACY OF WATER AND SEWER
SERVICES AND THE IMPACT OF SECOND UNITS ON TRAFFIC FLOW.
(C) STANDARDS MAY BE IMPOSED ON SECOND UNITS WHICH INCLUDE, BUT ARE
NOT LIMITED TO, PARKING, HEIGHT, SETBACK, LOT COVERAGE, ARCHITECTURAL
REVIEW, AND MAXIMUM SIZE OF A UNIT.
(D) A MUNICIPALITY MAY FIND THAT SECOND UNITS DO NOT EXCEED THE ALLOW-
ABLE DENSITY FOR THE LOT UPON WHICH THE SECOND UNIT IS LOCATED AND THAT
SECOND UNITS ARE A RESIDENTIAL USE THAT IS CONSISTENT WITH THE EXISTING
GENERAL PLAN AND ZONING DESIGNATION FOR THE LOT.
(E) A MUNICIPALITY MAY ESTABLISH A PROCESS FOR THE ISSUANCE OF A
CONDITIONAL USE PERMIT FOR SECOND UNITS.
2. WHEN A MUNICIPALITY WHICH HAS NOT ADOPTED AN ORDINANCE GOVERNING
SECOND UNITS IN ACCORDANCE WITH SUBDIVISION ONE OR THREE OF THIS SECTION
RECEIVES ITS FIRST APPLICATION FOR A CONDITIONAL USE PERMIT PURSUANT TO
THIS SUBDIVISION, THE MUNICIPALITY SHALL ACCEPT THE APPLICATION AND
APPROVE OR DISAPPROVE THE APPLICATION PURSUANT TO THIS SUBDIVISION
UNLESS IT ADOPTS AN ORDINANCE IN ACCORDANCE WITH SUBDIVISION ONE OR
THREE OF THIS SECTION WITHIN ONE HUNDRED TWENTY DAYS AFTER RECEIVING THE
APPLICATION. EVERY MUNICIPALITY SHALL GRANT A SPECIAL USE OR A CONDI-
TIONAL USE PERMIT FOR THE CREATION OF A SECOND UNIT IF THE SECOND UNIT
COMPLIES WITH ALL OF THE FOLLOWING:
(A) THE UNIT IS NOT INTENDED FOR SALE AND MAY BE RENTED.
(B) THE LOT IS ZONED FOR SINGLE-FAMILY OR MULTI-FAMILY USE.
(C) THE LOT CONTAINS AN EXISTING SINGLE-FAMILY DWELLING.
(D) THE SECOND UNIT IS EITHER ATTACHED TO THE EXISTING DWELLING AND
LOCATED WITHIN THE LIVING AREA OF THE EXISTING DWELLING OR DETACHED FROM
THE EXISTING DWELLING AND LOCATED ON THE SAME LOT AS THE EXISTING DWELL-
ING.
(E) ANY INCREASE IN THE FLOOR AREA OF AN ATTACHED SECOND UNIT SHALL
NOT EXCEED FIFTEEN PERCENT OF THE EXISTING LIVING AREA.
(F) THE TOTAL AREA OF FLOOR SPACE FOR A DETACHED SECOND UNIT SHALL NOT
EXCEED SIX HUNDRED FORTY SQUARE FEET.
(G) ANY CONSTRUCTION SHALL CONFORM TO HEIGHT, SETBACK, LOT COVERAGE,
ARCHITECTURAL REVIEW, SITE PLAN REVIEW, FEES, CHARGES, AND OTHER ZONING
REQUIREMENTS GENERALLY APPLICABLE TO RESIDENTIAL CONSTRUCTION IN THE
ZONE IN WHICH THE PROPERTY IS LOCATED.
(H) LOCAL BUILDING CODE REQUIREMENTS WHICH APPLY TO DETACHED DWELL-
INGS, AS APPROPRIATE.
(I) APPROVAL BY THE LOCAL HEALTH OFFICER WHICH A PRIVATE SEWAGE
DISPOSAL SYSTEM IS BEING USED, IF REQUIRED.
NO OTHER LOCAL ORDINANCE, POLICY, OR REGULATION SHALL BE THE BASIS FOR
THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS SUBDIVISION.
THIS SUBDIVISION ESTABLISHES THE MAXIMUM STANDARDS THAT MUNICIPALITIES
SHALL USE TO EVALUATE PROPOSED SECOND UNITS ON LOTS ZONED FOR RESIDEN-
A. 888 3
TIAL USE WHICH CONTAIN AN EXISTING SINGLE-FAMILY DWELLING. A MUNICI-
PALITY MAY REQUIRE AN APPLICANT FOR A PERMIT ISSUED PURSUANT TO THIS
SUBDIVISION TO BE AN OWNER-OCCUPANT OR MAY REQUIRE THAT THE APPLICANT OR
TENANT OF THE SECOND UNIT BE A PERSON OF SIXTY-TWO YEARS OF AGE OR
OLDER.
THIS SECTION DOES NOT LIMIT THE AUTHORITY OF MUNICIPALITIES TO ADOPT
LESS RESTRICTIVE REQUIREMENTS FOR THE CREATION OF SECOND UNITS.
NO CHANGES IN ZONING ORDINANCES OR OTHER ORDINANCES OR ANY CHANGES IN
THE GENERAL PLAN SHALL BE REQUIRED TO IMPLEMENT THIS SUBDIVISION. ANY
MUNICIPALITY MAY AMEND ITS ZONING ORDINANCE OR GENERAL PLAN TO INCORPO-
RATE THE POLICIES, PROCEDURES, OR OTHER PROVISIONS APPLICABLE TO THE
CREATION OF SECOND UNITS IF THESE PROVISIONS ARE CONSISTENT WITH THE
LIMITATIONS OF THIS SUBDIVISION.
A SECOND UNIT WHICH CONFORMS TO THE REQUIREMENTS OF THIS SUBDIVISION
SHALL NOT BE CONSIDERED TO EXCEED THE ALLOWABLE DENSITY FOR THE LOT UPON
WHICH IT IS LOCATED, AND SHALL BE DEEMED TO BE A RESIDENTIAL USE WHICH
IS CONSISTENT WITH THE EXISTING GENERAL PLAN AND ZONING DESIGNATIONS FOR
THE LOT.
3. NO MUNICIPALITY SHALL ADOPT AN ORDINANCE WHICH TOTALLY PRECLUDES
SECOND UNITS WITHIN SINGLE-FAMILY AND MULTI-FAMILY ZONED AREAS UNLESS
THE ORDINANCE CONTAINS FINDINGS ACKNOWLEDGING THAT THE ORDINANCE MAY
LIMIT HOUSING OPPORTUNITIES OF THE REGION OR CONTAINS FINDINGS THAT
SPECIFIC ADVERSE IMPACTS ON THE PUBLIC HEALTH, SAFETY, AND WELFARE THAT
WOULD RESULT FROM ALLOWING SECOND UNITS WITHIN SINGLE-FAMILY AND MULTI-
FAMILY ZONED AREAS JUSTIFY ADOPTING THE ORDINANCE.
4. MUNICIPALITIES SHALL SUBMIT A COPY OF THE ORDINANCES ADOPTED PURSU-
ANT TO SUBDIVISION ONE OR THREE OF THIS SECTION TO THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL WITHIN SIXTY DAYS AFTER ADOPTION.
5. AS USED IN THIS SECTION:
(A) "LIVING AREA," MEANS THE INTERIOR HABITABLE AREA OF A DWELLING
UNIT INCLUDING BASEMENTS AND ATTICS BUT DOES NOT INCLUDE A GARAGE OR ANY
ACCESSORY STRUCTURE.
(B) "SECOND UNIT," MEANS AN ATTACHED OR A DETACHED RESIDENTIAL DWELL-
ING UNIT WHICH PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE
OR MORE PERSONS. IT SHALL INCLUDE PERMANENT PROVISIONS FOR LIVING,
SLEEPING, EATING, COOKING, AND SANITATION ON THE SAME PARCEL AS THE
SINGLE-FAMILY DWELLING IS SITUATED.
S 3. This act shall take effect immediately.