The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4854
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the real property law, in relation to accessory dwelling
   units; and to amend the executive law, in  relation  to  including  an
   accessory  dwelling  unit  in the term housing accommodations in human
   rights law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT REGULATIONS AND ORDINANCES.
         482. STATE REVIEW AND ENFORCEMENT.
         483. LOW AND MODERATE INCOME HOMEOWNERS PROGRAM.
         484. GOOD CAUSE EVICTION OF A TENANT.
         485. SEVERABILITY.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR  ONE  OR  MORE  PERSONS WHICH IS LOCATED ON A LOT WITH A
 PROPOSED OR EXISTING  PRIMARY  RESIDENCE  AND  SHALL  INCLUDE  PERMANENT
 PROVISIONS  FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE
 SAME LOT AS THE SINGLE-FAMILY OR MULTIFAMILY  DWELLING  IS  OR  WILL  BE
 SITUATED.
   2.  "ACCESSORY STRUCTURE" SHALL MEAN A STRUCTURE THAT IS ACCESSORY AND
 INCIDENTAL TO A DWELLING LOCATED ON THE SAME LOT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07619-02-1

 A. 4854                             2
 
   3. "LIVING AREA" SHALL MEAN THE INTERIOR HABITABLE AREA OF A  DWELLING
 UNIT,  INCLUDING  BASEMENTS,  CELLARS, AND ATTICS BUT DOES NOT INCLUDE A
 GARAGE OR ANY ACCESSORY STRUCTURE.
   4. "LOCAL AGENCY" SHALL MEAN A CITY, COUNTY, TOWNSHIP, OR BOROUGH.
   5.  "LOW-INCOME  HOMEOWNERS"  SHALL  MEAN  HOMEOWNERS  WITH AN INCOME,
 ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING EIGHTY PERCENT OF THE AREA MEDI-
 AN INCOME.
   6. "MODERATE-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN  INCOME,
 ADJUSTED  FOR  FAMILY SIZE, NOT EXCEEDING ONE HUNDRED AND TWENTY PERCENT
 OF THE AREA MEDIAN INCOME.
   7. "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL  IMPROVEMENT
 ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
   8.  "PASSAGEWAY" SHALL MEAN A PATHWAY THAT IS UNOBSTRUCTED AND EXTENDS
 FROM A STREET TO ONE ENTRANCE OF THE ACCESSORY DWELLING UNIT.
   9. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF  A
 PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
   10.  "IMPACT FEE" SHALL MEAN ANY PAYMENT IMPOSED BY A LOCAL AGENCY FOR
 THE PURPOSE OF PROVIDING NEW OR EXPANDED PUBLIC  CAPITAL  FACILITIES  OR
 INFRASTRUCTURE REQUIRED TO SERVE A NEW DEVELOPMENT.
   11.  "DIVISION"  SHALL  MEAN  THE NEW YORK STATE DIVISION OF HOMES AND
 COMMUNITY RENEWAL.
   §  481.  ACCESSORY  DWELLING  UNIT  REGULATIONS  AND  ORDINANCES.   1.
 NOTWITHSTANDING  ANY  LAW,  RULE, POLICY, REGULATION OR ORDINANCE TO THE
 CONTRARY, A LOCAL AGENCY SHALL, BY ORDINANCE, PROVIDE FOR  THE  CREATION
 OF ACCESSORY DWELLING UNITS. SUCH ORDINANCE SHALL:
   (A)  DESIGNATE AREAS WITHIN THE JURISDICTION OF THE LOCAL AGENCY WHERE
 ACCESSORY DWELLING UNITS SHALL  BE  PERMITTED.  DESIGNATED  AREAS  SHALL
 INCLUDE  ALL  AREAS  ZONED  FOR SINGLE-FAMILY OR MULTIFAMILY RESIDENTIAL
 USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE.
   (B) AUTHORIZE THE CREATION OF AT LEAST ONE ACCESSORY DWELLING UNIT PER
 LOT IN DESIGNATED AREAS.
   (C) PROVIDE REASONABLE STANDARDS FOR  ACCESSORY  DWELLING  UNITS  THAT
 INCLUDE,  BUT ARE NOT LIMITED TO HEIGHT, LANDSCAPE, ARCHITECTURAL REVIEW
 AND MAXIMUM SIZE OF A UNIT. IN NO CASE SHALL SUCH STANDARDS  UNNECESSAR-
 ILY IMPAIR THE CREATION OF ACCESSORY DWELLING UNITS.
   (D) REQUIRE ACCESSORY DWELLING UNITS TO COMPLY WITH THE FOLLOWING:
   (I)  SUCH  UNIT MAY BE RENTED SEPARATE FROM THE PRIMARY RESIDENCE, BUT
 SHALL NOT BE SOLD OR OTHERWISE CONVEYED SEPARATE FROM THE PRIMARY  RESI-
 DENCE;
   (II)  SUCH  UNIT SHALL BE LOCATED ON A LOT THAT INCLUDES A PROPOSED OR
 EXISTING RESIDENTIAL DWELLING;
   (III) SUCH UNIT SHALL NOT BE RENTED FOR A TERM LESS THAN THIRTY  DAYS;
 AND
   (IV)  SUCH UNIT SHALL BE ATTACHED TO OR LOCATED WITHIN THE PROPOSED OR
 EXISTING  PRIMARY  DWELLING,  INCLUDING  BUT  NOT  LIMITED  TO  ATTACHED
 GARAGES, STORAGE AREAS, BASEMENTS, CELLARS, SIMILAR SPACES, OR AN ACCES-
 SORY  STRUCTURE OR DETACHED FROM THE PROPOSED OR EXISTING PRIMARY DWELL-
 ING AND LOCATED ON THE SAME LOT AS  THE  PROPOSED  OR  EXISTING  PRIMARY
 DWELLING.
   (V)  IF THERE IS AN EXISTING PRIMARY DWELLING, THE TOTAL FLOOR AREA OF
 AN ATTACHED ACCESSORY DWELLING UNIT SHALL NOT EXCEED  FIFTY  PERCENT  OF
 THE  EXISTING  PRIMARY  DWELLING,  UNLESS  SUCH  LIMIT WOULD PREVENT THE
 CREATION OF AN ACCESSORY DWELLING UNIT  THAT  IS  NO  GREATER  THAN  SIX
 HUNDRED SQUARED FEET.
   2.  A LOCAL AGENCY SHALL NOT ESTABLISH BY ORDINANCE ANY OF THE FOLLOW-
 ING:

 A. 4854                             3
 
   (A) A MINIMUM SQUARE FOOTAGE REQUIREMENT FOR  EITHER  AN  ATTACHED  OR
 DETACHED ACCESSORY DWELLING UNIT GREATER THAN TWO HUNDRED SQUARE FEET;
   (B)  A  MAXIMUM  SQUARE  FOOTAGE REQUIREMENT FOR EITHER AN ATTACHED OR
 DETACHED ACCESSORY DWELLING UNIT  THAT  IS  LESS  THAN  FIFTEEN  HUNDRED
 SQUARE FEET;
   (C)  ANY OTHER MINIMUM OR MAXIMUM SIZE FOR AN ACCESSORY DWELLING UNIT,
 BASED UPON A PERCENTAGE OF THE PROPOSED OR EXISTING PRIMARY DWELLING, OR
 LIMITS ON LOT COVERAGE, FLOOR AREA RATIO, OPEN SPACE,  AND  MINIMUM  LOT
 SIZE,  FOR  EITHER AN ATTACHED OR DETACHED DWELLING THAT DOES NOT PERMIT
 AT LEAST AN EIGHT HUNDRED SQUARE FOOT ACCESSORY DWELLING UNIT WITH FOUR-
 FOOT SIDE AND REAR YARD SETBACKS TO BE CONSTRUCTED  IN  COMPLIANCE  WITH
 OTHER LOCAL DEVELOPMENT STANDARDS;
   (D) A CEILING HEIGHT REQUIREMENT GREATER THAN SEVEN FEET;
   (E)  IF  AN ACCESSORY DWELLING UNIT OR A PORTION THEREOF IS BELOW CURB
 LEVEL, A REQUIREMENT THAT MORE THAN TWO FEET OF SUCH  UNIT'S  HEIGHT  BE
 ABOVE CURB LEVEL;
   (F)  ANY  REQUIREMENT  THAT  A  PASSAGEWAY  EXIST OR BE CONSTRUCTED IN
 CONJUNCTION WITH THE CREATION OF AN ACCESSORY DWELLING UNIT; AND
   (G) ANY SETBACK FOR AN EXISTING LIVING AREA OR ACCESSORY STRUCTURE  OR
 A  STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS
 AS AN EXISTING STRUCTURE THAT IS CONVERTED TO AN ACCESSORY DWELLING UNIT
 OR TO A PORTION OF AN ACCESSORY DWELLING UNIT, OR ANY  SETBACK  OF  MORE
 THAN  FOUR FEET FROM THE SIDE AND REAR LOT LINES FOR AN ACCESSORY DWELL-
 ING UNIT THAT IS NOT CONVERTED FROM  AN  EXISTING  STRUCTURE  OR  A  NEW
 STRUCTURE CONSTRUCTED IN THE SAME LOCATION AND TO THE SAME DIMENSIONS AS
 AN EXISTING STRUCTURE.
   3.  NO ORDINANCE FOR THE CREATION OF ACCESSORY DWELLING UNITS PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED IN  THE  APPLICA-
 TION  OF  ANY  LOCAL  ORDINANCE, POLICY, OR PROGRAM TO LIMIT RESIDENTIAL
 GROWTH.
   4. NO PARKING REQUIREMENT SHALL BE IMPOSED ON  AN  ACCESSORY  DWELLING
 UNIT.
   5.  THE  LOCAL AGENCY SHALL NOT REQUIRE THAT OFF-STREET PARKING SPACES
 BE REPLACED IF A GARAGE, CARPORT, OR COVERED PARKING STRUCTURE IS DEMOL-
 ISHED IN CONJUNCTION WITH THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
 OR CONVERTED TO AN ACCESSORY DWELLING UNIT.
   6. NOTWITHSTANDING ANY LOCAL  ORDINANCE  REGULATING  THE  ISSUANCE  OF
 VARIANCES  OR  SPECIAL  USE  PERMITS,  A PERMIT APPLICATION TO CREATE AN
 ACCESSORY DWELLING UNIT IN CONFORMANCE WITH THE LOCAL ORDINANCE SHALL BE
 CONSIDERED MINISTERIALLY WITHOUT DISCRETIONARY REVIEW OR A  HEARING.  IF
 THERE  IS  AN EXISTING SINGLE-FAMILY OR MULTIFAMILY DWELLING ON THE LOT,
 THE PERMITTING AGENCY SHALL ACT ON THE APPLICATION TO CREATE AN ACCESSO-
 RY DWELLING UNIT WITHIN SIXTY  DAYS  FROM  THE  DATE  THE  LOCAL  AGENCY
 RECEIVES A COMPLETED APPLICATION. IF THE PERMIT APPLICATION TO CREATE AN
 ACCESSORY DWELLING UNIT IS SUBMITTED WITH A PERMIT APPLICATION TO CREATE
 A  NEW  RESIDENTIAL DWELLING ON THE LOT, THE PERMITTING AGENCY MAY DELAY
 ACTING ON THE PERMIT APPLICATION FOR THE ACCESSORY DWELLING  UNIT  UNTIL
 THE  PERMITTING  AGENCY ACTS ON THE PERMIT APPLICATION TO CREATE THE NEW
 DWELLING, BUT THE APPLICATION TO  CREATE  THE  ACCESSORY  DWELLING  UNIT
 SHALL  BE  CONSIDERED  WITHOUT  DISCRETIONARY  REVIEW OR HEARING. IF THE
 APPLICANT REQUESTS A DELAY, THE SIXTY DAY TIME PERIOD  SHALL  BE  TOLLED
 FOR  THE  PERIOD  OF  THE  DELAY. A LOCAL AGENCY MAY CHARGE A FEE NOT TO
 EXCEED ONE THOUSAND DOLLARS FOR THE REIMBURSEMENT OF  THE  ACTUAL  COSTS
 SUCH  LOCAL  AGENCY  INCURS  PURSUANT TO THIS SUBDIVISION, INCLUDING THE
 COSTS RELATED TO ADOPTING OR AMENDING ANY ORDINANCE THAT PROVIDE FOR THE
 CREATION OF AN ACCESSORY DWELLING UNIT.

 A. 4854                             4
 
   7.  MUNICIPALITIES SHALL ESTABLISH AN  ADMINISTRATIVE  APPEAL  PROCESS
 FOR  THE  DENIAL OF A PERMIT FOR ACCESSORY DWELLING UNITS. WHEN A PERMIT
 TO CREATE AN ACCESSORY DWELLING UNIT PURSUANT TO  AN  ORDINANCE  ADOPTED
 PURSUANT  TO  THIS SECTION IS DENIED, THE AGENCY SHALL ISSUE A NOTICE OF
 DENIAL WHICH SHALL CONTAIN THE REASON SUCH PERMIT APPLICATION WAS DENIED
 AND  INSTRUCTIONS  ON  HOW  THE  APPLICANT  MAY  APPEAL SUCH DENIAL. ALL
 APPEALS SHALL BE SUBMITTED TO THE ISSUING AGENCY, OR ANY DECISIONAL BODY
 GRANTING SUCH PERMITS, OR ANY OTHER APPELLATE BOARD OR BODY, IN  WRITING
 WITHIN THIRTY DAYS OF SUCH DENIAL.
   8.  NO OTHER LOCAL ORDINANCE, POLICY, OR REGULATION SHALL BE THE BASIS
 FOR THE DENIAL OF A BUILDING PERMIT OR A USE PERMIT UNDER THIS SECTION.
   9. IF A LOCAL AGENCY HAS AN EXISTING ACCESSORY DWELLING UNIT ORDINANCE
 THAT FAILS TO MEET THE REQUIREMENTS  OF  THIS  SECTION,  THAT  ORDINANCE
 SHALL  BE  NULL  AND  VOID. SUCH LOCAL AGENCY SHALL THEREAFTER APPLY THE
 STANDARDS ESTABLISHED IN THIS SECTION  FOR  THE  APPROVAL  OF  ACCESSORY
 DWELLING  UNIT UNTIL SUCH LOCAL AGENCY ADOPTS AN ORDINANCE THAT COMPLIES
 WITH THIS SECTION.
   10. A LOCAL AGENCY MAY AMEND ITS ZONING ORDINANCE OR GENERAL  PLAN  TO
 INCORPORATE  THE  POLICIES, PROCEDURES, AND PROVISIONS APPLICABLE TO THE
 CREATION OF AN ACCESSORY DWELLING UNIT IF SUCH PROVISIONS ARE CONSISTENT
 WITH THIS SECTION.
   11. THE LOCAL AGENCY SHALL ENSURE THAT ACCESSORY  DWELLING  UNITS  ARE
 NOT COUNTED TOWARD THE ALLOWABLE RESIDENTIAL DENSITY, OR ANY REQUIREMENT
 RESPECTING LOT COVERAGE OR OPEN SPACE, FOR THE LOT UPON WHICH THE ACCES-
 SORY  DWELLING UNIT IS LOCATED UNDER THE EXISTING ZONING DESIGNATION FOR
 SUCH LOT. THE LOCAL AGENCY SHALL ALSO  ENSURE  THAT  ACCESSORY  DWELLING
 UNITS  ARE  FOR  A  RESIDENTIAL USE THAT IS CONSISTENT WITH THE EXISTING
 ZONING DESIGNATION FOR THE LOT. THE ACCESSORY DWELLING UNIT SHALL NOT BE
 CONSIDERED IN THE APPLICATION OF ANY LOCAL ORDINANCE, POLICY, OR PROGRAM
 TO LIMIT RESIDENTIAL GROWTH.
   12. NO PROVISION OF THE MULTIPLE DWELLING LAW SHALL APPLY TO AN ACCES-
 SORY DWELLING UNIT, IRRESPECTIVE TO WHETHER SUCH PROVISIONS OF SUCH  LAW
 APPLY  TO THE PRIMARY DWELLING, AND A DWELLING OTHERWISE EXEMPT FROM THE
 PROVISIONS OF THE  MULTIPLE  DWELLING  LAW  SHALL  NOT  FALL  UNDER  THE
 PROVISIONS  OF  SUCH  LAW  AS  A  RESULT OF THE ADDITION OF AN ACCESSORY
 DWELLING UNIT.
   13. A LOCAL AGENCY MAY REQUIRE NO MORE  THAN  ONE  POINT  OF  EXTERIOR
 ACCESS BY DOOR FROM THE PROPOSED OR EXISTING RESIDENTIAL DWELLING.
   14.  A  LOCAL AGENCY SHALL NOT REQUIRE, AS A CONDITION FOR MINISTERIAL
 APPROVAL OF A PERMIT APPLICATION FOR THE CREATION OF AN ACCESSORY DWELL-
 ING UNIT, THE CORRECTION OF NONCONFORMING ZONING CONDITIONS.
   15. WHERE AN ACCESSORY DWELLING UNIT REQUIRES A NEW OR SEPARATE UTILI-
 TY CONNECTION DIRECTLY BETWEEN THE ACCESSORY DWELLING UNIT AND THE UTIL-
 ITY, THE CONNECTION MAY BE SUBJECT  TO  A  CONNECTION  FEE  OR  CAPACITY
 CHARGE  THAT SHALL BE PROPORTIONATE TO THE BURDEN OF THE PROPOSED ACCES-
 SORY DWELLING UNIT, BASED UPON EITHER ITS SIZE  OR  THE  NUMBER  OF  ITS
 PLUMBING  FIXTURES  UPON  THE  WATER OR SEWER SYSTEM. SUCH FEE OR CHARGE
 SHALL  NOT  EXCEED  THE  REASONABLE  COST  OF  PROVIDING  SUCH   UTILITY
 CONNECTION.  A  LOCAL  AGENCY  SHALL  NOT IMPOSE ANY OTHER IMPACT FEE IN
 CONNECTION WITH AN ACCESSORY DWELLING UNIT.
   16. THE FIRST LAWFUL OCCUPANCY OF AN  ACCESSORY  DWELLING  UNIT  SHALL
 OCCUR  AT  A TIME WHEN A UNIT IN THE PRIMARY DWELLING IS OWNER-OCCUPIED,
 AND SUCH OWNER-OCCUPATION MUST CONTINUE FOR AT LEAST ONE YEAR  FOLLOWING
 THE FIRST LEGAL OCCUPANCY OF THE ACCESSORY DWELLING UNIT. A LOCAL AGENCY
 SHALL  NOT  IMPOSE  ANY OTHER OWNER OCCUPANCY REQUIREMENT FOR EITHER THE
 PRIMARY DWELLING OR THE ACCESSORY DWELLING UNIT.

 A. 4854                             5
 
   17. A LOCAL AGENCY SHALL NOT IMPOSE ANY HEALTH OR  SAFETY  REQUIREMENT
 ON  ACCESSORY DWELLING UNITS THAT IS NOT NECESSARY TO PROTECT THE HEALTH
 AND SAFETY OF THE OCCUPANTS OF SUCH A DWELLING.
   18.  A  LOCAL AGENCY SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY OR ITS
 EQUIVALENT FOR AN ACCESSORY DWELLING UNIT BEFORE THE LOCAL AGENCY ISSUES
 A CERTIFICATE OF OCCUPANCY OR ITS EQUIVALENT FOR THE PRIMARY DWELLING.
   19. A LOCAL AGENCY SHALL ADOPT AN ORDINANCE PURSUANT TO  THIS  SECTION
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
   §  482. STATE REVIEW AND ENFORCEMENT. 1. A LOCAL AGENCY SHALL SUBMIT A
 COPY OF THE ORDINANCE ADOPTED PURSUANT TO SECTION FOUR  HUNDRED  EIGHTY-
 ONE  OF  THIS  ARTICLE  TO  THE  DIVISION  WITHIN THIRTY DAYS AFTER SUCH
 ADOPTION.
   2. (A) WITHIN SIXTY DAYS OF RECEIPT OF A LOCAL AGENCY'S ORDINANCE,  OR
 SIXTY  DAYS  AFTER  EXPIRATION OF THE TIME TO SUBMIT SAID ORDINANCE, THE
 DIVISION SHALL SUBMIT WRITTEN FINDINGS TO THE LOCAL AGENCY AS TO WHETHER
 THE LOCAL AGENCY'S ORDINANCE COMPLIES WITH THIS ARTICLE.  SUCH  FINDINGS
 SHALL INCLUDE A DETERMINATION AS TO WHETHER THE LOCAL AGENCY'S ORDINANCE
 CONTAINS  RULES  THAT ARE NOT REASONABLE WITHIN THE MEANING OF PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY-ONE OF THIS  ARTI-
 CLE.  IF  THE  DIVISION FINDS THAT THE LOCAL AGENCY'S ORDINANCE DOES NOT
 COMPLY WITH THIS ARTICLE, SUCH DIVISION SHALL NOTIFY SUCH  LOCAL  AGENCY
 AND  SHALL  PROVIDE  SUCH LOCAL AGENCY WITH A REASONABLE TIME, NO LONGER
 THAN THIRTY DAYS, TO RESPOND TO THE FINDINGS  BEFORE  TAKING  ANY  OTHER
 ACTION AUTHORIZED UNDER THIS SECTION.
   (B)  THE LOCAL AGENCY SHALL CONSIDER THE FINDINGS MADE BY THE DIVISION
 PURSUANT TO THIS SUBDIVISION AND SHALL DO ONE OF THE FOLLOWING:
   (I) AMEND THE ORDINANCE TO COMPLY WITH THE FINDINGS OF  THE  DIVISION;
 OR
   (II)  ADOPT  THE ORDINANCE WITHOUT AMENDMENTS TO COMPLY WITH THE FIND-
 INGS OF THE DIVISION.  THE LOCAL AGENCY SHALL INCLUDE  FINDINGS  IN  ITS
 RESOLUTION  ADOPTING  SUCH  ORDINANCE THAT EXPLAIN THE REASONS THE LOCAL
 AGENCY BELIEVES THAT THE ORDINANCE COMPLIES WITH  THIS  ARTICLE  DESPITE
 THE FINDINGS OF THE DIVISION.
   3.  (A)  IF,  WITHIN THIRTY DAYS OF THE LOCAL AGENCY'S RESPONSE TO THE
 DIVISION'S FINDINGS, OR THIRTY DAYS AFTER THE EXPIRATION  OF  THE  LOCAL
 AGENCY'S  TIME  TO  RESPOND,  THE DIVISION DETERMINES THAT THE ORDINANCE
 DOES NOT COMPLY WITH THIS ARTICLE, THE DIVISION SHALL:
   (I) NOTIFY THE LOCAL AGENCY AND THE ATTORNEY GENERAL  THAT  THE  LOCAL
 AGENCY IS IN VIOLATION OF STATE LAW; AND
   (II)  REVISE  THE ORDINANCE TO COMPLY WITH THIS ARTICLE AND DIRECT THE
 LOCAL AGENCY TO ADOPT IT.
   (B) WHERE A LOCAL AGENCY IS IN VIOLATION OF STATE  LAW,  THE  ATTORNEY
 GENERAL  MAY  BRING  A  CIVIL ACTION TO ENFORCE THE REQUIREMENTS OF THIS
 ARTICLE.
   4. THE DIVISION MAY REVIEW, ADOPT,  AMEND,  OR  REPEAL  GUIDELINES  TO
 IMPLEMENT  UNIFORM  STANDARDS OR CRITERIA THAT SUPPLEMENT OR CLARIFY THE
 TERMS, REFERENCES, AND STANDARDS SET FORTH IN THIS ARTICLE.
   5. WITHIN ONE HUNDRED DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE,  THE
 DIVISION  SHALL  PROMULGATE A MODEL LOCAL ORDINANCE THAT CONFORMS TO THE
 REQUIREMENTS OF THIS ARTICLE.
   6. THE DIVISION SHALL ISSUE AN ANNUAL REPORT, ON OR BEFORE JULY  FIRST
 OF EACH YEAR, THAT SUMMARIZES:
   (A) THE ACTIVITIES THE DIVISION HAS TAKEN PURSUANT TO THIS SECTION;
   (B) LOCAL AGENCIES' COMPLIANCE WITH THE TERMS OF THIS ARTICLE; AND
   (C) THE DEVELOPMENT OF ACCESSORY DWELLING UNITS IN THE STATE.

 A. 4854                             6
 
   §  483.  LOW  AND  MODERATE  INCOME  HOMEOWNERS PROGRAM. 1. WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE  DIVISION
 SHALL  ESTABLISH  A  LENDING PROGRAM TO ASSIST LOW-INCOME HOMEOWNERS AND
 MODERATE-INCOME HOMEOWNERS IN SECURING FINANCING  FOR  THE  CREATION  OF
 ACCESSORY DWELLING UNITS.
   2.  AN  ACCESSORY  DWELLING  UNIT FINANCED WITH THE ASSISTANCE OF SUCH
 PROGRAM SHALL BE OFFERED FOR RENT AT A BELOW-MARKET RATE FOR A PERIOD OF
 FIFTEEN YEARS.
   3. THE DIVISION  SHALL  PROMULGATE  PROGRAM  CRITERIA  AND  GUIDELINES
 NECESSARY TO CARRY OUT SUCH PROGRAM.
   4.  SUCH  PROGRAM  SHALL  BE FUNDED THROUGH CAPITAL PROJECTS APPROPRI-
 ATIONS AND REAPPROPRIATIONS SET FORTH IN THE STATE FISCAL  YEAR  HOUSING
 PROGRAM.
   5.  THE DIVISION SHALL ISSUE AN ANNUAL REPORT, ON OR BEFORE JULY FIRST
 OF EACH YEAR, THAT INCLUDES AN ITEMIZED LIST OF  EACH  PROJECT  FINANCED
 THROUGH  THE  PROGRAM,  INCLUDING  A  BRIEF  DESCRIPTION OF THE PROJECT,
 STREET ADDRESS, AND COUNTY. SUCH REPORT SHALL ALSO SUMMARIZE  THE  DEMO-
 GRAPHIC  CHARACTERISTICS  OF PARTICIPATING HOMEOWNERS, INCLUDING INCOME,
 RACE, ETHNICITY, AND SEX.
   6. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI-
 CLE, THE DIVISION SHALL ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSIST-
 ANCE TO ALL HOMEOWNERS SEEKING TO CREATE AN ACCESSORY DWELLING UNIT.
   §  484.  GOOD  CAUSE EVICTION OF A TENANT. 1. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR,  ASSIGNOR,  OR
 OTHER  PERSON RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE OCCUPANCY OF
 ANY ACCESSORY DWELLING UNIT OR AN AGENT OF ANY OF THE FOREGOING.
   (B) "TENANT" SHALL  MEAN  A  TENANT,  SUB-TENANT,  LESSEE,  SUBLESSEE,
 ASSIGNEE OF AN ACCESSORY DWELLING UNIT.
   (C)  "RENT" SHALL MEAN ANY CONSIDERATION, INCLUDING ANY BONUS, BENEFIT
 OR  GRATUITY  DEMANDED  OR  RECEIVED  FOR  OR  IN  CONNECTION  WITH  THE
 POSSESSION,  USE  OR  OCCUPANCY  OF  AN  ACCESSORY  DWELLING UNIT OR THE
 EXECUTION OR TRANSFER OF A LEASE FOR SUCH A UNIT.
   (D) "DISABLED PERSON" SHALL MEAN A PERSON WHO HAS AN IMPAIRMENT  WHICH
 RESULTS  FROM  ANATOMICAL,  PHYSIOLOGICAL  OR  PSYCHOLOGICAL CONDITIONS,
 OTHER THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED  SUBSTANCE,
 WHICH  ARE  DEMONSTRABLE BY MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY
 DIAGNOSTIC TECHNIQUES, AND WHICH ARE EXPECTED TO BE PERMANENT AND  WHICH
 SUBSTANTIALLY LIMIT ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   2. THIS SECTION SHALL APPLY TO ALL ACCESSORY DWELLING UNITS EXCEPT:
   (A)  PREMISES  SUBLET  PURSUANT TO SECTION TWO HUNDRED TWENTY-SIX-B OF
 THIS CHAPTER, OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD  FAITH  TO
 RECOVER  POSSESSION OF SUCH HOUSING ACCOMMODATION FOR THEIR OWN PERSONAL
 USE AND OCCUPANCY;
   (B) PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY INCI-
 DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
   (C) PREMISES OTHERWISE SUBJECT TO REGULATION  OF  RENTS  OR  EVICTIONS
 PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
 AL LAW REQUIRES GOOD CAUSE FOR TERMINATION OR NON-RENEWAL OF SUCH TENAN-
 CIES.
   3.  NO LANDLORD SHALL, BY ACTION TO EVICT OR TO RECOVER POSSESSION, BY
 EXCLUSION FROM POSSESSION, BY FAILURE TO RENEW ANY LEASE, OR  OTHERWISE,
 REMOVE  ANY TENANT FROM AN ACCESSORY DWELLING UNIT EXCEPT FOR GOOD CAUSE
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   4. (A) NO LANDLORD SHALL REMOVE A TENANT FROM ANY  ACCESSORY  DWELLING
 UNIT,  OR  ATTEMPT  SUCH  REMOVAL OR EXCLUSION FROM POSSESSION, NOTWITH-

 A. 4854                             7
 
 STANDING THAT THE TENANT HAS NO WRITTEN LEASE OR THAT THE LEASE OR OTHER
 RENTAL AGREEMENT HAS EXPIRED OR OTHERWISE TERMINATED, EXCEPT UPON  ORDER
 OF  A COURT OF COMPETENT JURISDICTION ENTERED IN AN APPROPRIATE JUDICIAL
 ACTION  OR  PROCEEDING  IN  WHICH THE PETITIONER OR PLAINTIFF HAS ESTAB-
 LISHED ONE OF THE  FOLLOWING  GROUNDS  AS  GOOD  CAUSE  FOR  REMOVAL  OR
 EVICTION:
   (I)  THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER
 THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM  A
 RENT  INCREASE  WHICH  IS  UNREASONABLE  OR  IMPOSED  FOR THE PURPOSE OF
 CIRCUMVENTING THE INTENT OF THIS SECTION.  IN DETERMINING WHETHER ALL OR
 PART OF THE RENT DUE AND OWING IS THE RESULT  OF  AN  UNREASONABLE  RENT
 INCREASE,  IT  SHALL  BE  A  REBUTTABLE  PRESUMPTION THAT THE RENT FOR A
 DWELLING NOT PROTECTED BY RENT REGULATION IS UNREASONABLE IF  SAID  RENT
 HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING EITHER
 THREE  PERCENT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN
 THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH  THE  HOUSING  ACCOMMO-
 DATION IS LOCATED, AS ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR
 IN QUESTION, WHICHEVER IS GREATER;
   (II)  THE  TENANT  IS VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER
 TENANCY, OTHER THAN THE OBLIGATION TO SURRENDER  POSSESSION,  AND  AFTER
 RECEIVING  WRITTEN  NOTICE FROM THE LANDLORD REQUIRING THAT THE SUBSTAN-
 TIAL VIOLATION BE CURED, THE TENANT HAS FAILED TO  CURE  SUCH  VIOLATION
 WITHIN  TEN  DAYS  OF RECEIPT OF SUCH NOTICE, PROVIDED HOWEVER, THAT THE
 OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS NOT IMPOSED FOR
 THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS SECTION;
   (III) THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH ACCES-
 SORY DWELLING UNIT, OR IS DAMAGING THE UNIT, WHETHER MALICIOUSLY, INTEN-
 TIONALLY, RECKLESSLY, OR NEGLIGENTLY; OR THE TENANT'S CONDUCT IS SUCH AS
 TO INTERFERE WITH THE COMFORT OF THE LANDLORD OR OTHER TENANTS OR  OCCU-
 PANTS OF THE SAME OR ADJACENT BUILDINGS OR STRUCTURES;
   (IV)  OCCUPANCY  OF  ACCESSORY  DWELLING  UNIT  BY  THE  TENANT  IS IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL OR CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT  AN  AGENCY
 OF  THE  STATE  OR  MUNICIPALITY HAVING JURISDICTION HAS ISSUED AN ORDER
 REQUIRING THE TENANT TO VACATE THE UNIT. NO TENANT SHALL BE REMOVED FROM
 POSSESSION OF A UNIT ON SUCH GROUND UNLESS THE COURT FINDS THAT THE CURE
 OF THE VIOLATION OF LAW REQUIRES THE REMOVAL OF THE TENANT AND THAT  THE
 LANDLORD  DID NOT THROUGH NEGLECT OR DELIBERATE ACTION OR FAILURE TO ACT
 CREATE THE CONDITION NECESSITATING THE VACATE ORDER. IN INSTANCES  WHERE
 THE LANDLORD DOES NOT UNDERTAKE TO CURE CONDITIONS OF THE HOUSING ACCOM-
 MODATION  CAUSING  SUCH  VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE
 RIGHT TO PAY OR SECURE PAYMENT IN A MANNER SATISFACTORY TO THE COURT, TO
 CURE SUCH VIOLATION PROVIDED  THAT  ANY  TENANT  EXPENDITURES  SHALL  BE
 APPLIED  AGAINST  RENT  TO  WHICH THE LANDLORD IS ENTITLED. IN INSTANCES
 WHERE REMOVAL OF A TENANT IS ABSOLUTELY ESSENTIAL TO HIS OR  HER  HEALTH
 AND  SAFETY, THE REMOVAL OF THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY
 LEASEHOLD INTEREST OR OTHER RIGHT OF OCCUPANCY THE TENANT MAY  HAVE  AND
 THE  TENANT  SHALL  BE ENTITLED TO RESUME POSSESSION AT SUCH TIME AS THE
 DANGEROUS CONDITIONS HAVE BEEN REMOVED.  NOTHING HEREIN  SHALL  ABROGATE
 OR OTHERWISE LIMIT THE RIGHT OF A TENANT TO BRING AN ACTION FOR MONETARY
 DAMAGES  AGAINST  THE LANDLORD TO COMPEL COMPLIANCE BY THE LANDLORD WITH
 ALL APPLICABLE STATE OR MUNICIPAL LAWS OR HOUSING CODES;
   (V) THE TENANT IS USING OR PERMITTING THE ACCESSORY DWELLING  UNIT  TO
 BE USED FOR AN ILLEGAL PURPOSE;
   (VI)  THE  TENANT  HAS UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
 ACCESSORY DWELLING UNIT FOR THE PURPOSE OF MAKING NECESSARY  REPAIRS  OR

 A. 4854                             8
 
 IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
 ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
 HAVING A LEGITIMATE INTEREST THEREIN; OR
   (VII)  THE  LANDLORD  SEEKS  IN GOOD FAITH TO RECOVER POSSESSION OF AN
 ACCESSORY DWELLING UNIT BECAUSE OF IMMEDIATE  AND  COMPELLING  NECESSITY
 FOR  HIS  OR  HER OWN PERSONAL USE AND OCCUPANCY AS HIS OR HER PRINCIPAL
 RESIDENCE, OR THE PERSONAL USE AND OCCUPANCY AS PRINCIPAL  RESIDENCE  OF
 HIS OR HER SPOUSE, PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-
 LAW, WHEN NO OTHER SUITABLE ACCOMMODATION IN SUCH DWELLING IS AVAILABLE.
 THIS PARAGRAPH SHALL PERMIT RECOVERY OF ONLY ONE ACCESSORY DWELLING UNIT
 AND  SHALL  NOT APPLY TO AN ACCESSORY DWELLING UNIT OCCUPIED BY A TENANT
 WHO IS SIXTY-TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON.
   (B) A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION  BY  VIRTUE
 OF THE OPERATION OF SUBPARAGRAPH (VII) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION
 FOR  DAMAGES,  DECLARATORY,  AND INJUNCTIVE RELIEF AGAINST A LANDLORD OR
 PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A
 PROPOSED USE OF THE ACCESSORY DWELLING UNIT. IN ANY ACTION OR PROCEEDING
 BROUGHT  PURSUANT  TO THIS PARAGRAPH, A PREVAILING TENANT SHALL BE ENTI-
 TLED TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
   (C) NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
 PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
 WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
 NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
 ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
 COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
 FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   5. NO ACTION SHALL BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL
 BE  ENTERED FOR ACCESSORY DWELLING UNITS PURSUANT TO THIS SECTION UNLESS
 THE LANDLORD HAS COMPLIED WITH ANY AND  ALL  APPLICABLE  LAWS  GOVERNING
 SUCH  ACTION  OR PROCEEDING AND HAS COMPLIED WITH ANY AND ALL APPLICABLE
 LAWS GOVERNING NOTICE  TO  TENANTS,  INCLUDING  WITHOUT  LIMITATION  THE
 MANNER  AND  THE TIME OF SERVICE OF SUCH NOTICE AND THE CONTENTS OF SUCH
 NOTICE.
   6. ANY AGREEMENT BY A TENANT HERETOFORE OR HEREINAFTER ENTERED INTO IN
 A WRITTEN LEASE OR OTHER RENTAL AGREEMENT  WAIVING  OR  MODIFYING  THEIR
 RIGHTS  AS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC
 POLICY.
   § 485. SEVERABILITY. IN THE EVENT IT  IS  DETERMINED  BY  A  COURT  OF
 COMPETENT JURISDICTION THAT ANY PHRASE, CLAUSE, PART, SUBDIVISION, PARA-
 GRAPH OR SECTION, OR ANY OF THE PROVISIONS OF THIS ARTICLE, IS UNCONSTI-
 TUTIONAL  OR  OTHERWISE INVALID OR INOPERATIVE, SUCH DETERMINATION SHALL
 NOT AFFECT THE VALIDITY OR EFFECT OF THE REMAINING  PROVISIONS  OF  THIS
 ARTICLE.
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 39 to read as follows:
   39. THE TERM "HOUSING ACCOMMODATION" AS USED  IN  THIS  ARTICLE  SHALL
 INCLUDE  AN  ACCESSORY  DWELLING  UNIT  AS DEFINED IN SUBDIVISION ONE OF
 SECTION FOUR HUNDRED EIGHTY OF THE REAL PROPERTY LAW.
   § 3. Paragraph (a) of subdivision 1 of section 296  of  the  executive
 law, as separately amended by chapters 8 and 176 of the laws of 2019, is
 amended to read as follows:
   (a)  For  an  employer or licensing agency, because of an individual's
 age, race, creed, color, national  origin,  sexual  orientation,  gender
 identity  or  expression, military status, sex, disability, predisposing

 A. 4854                             9
 
 genetic characteristics, familial status, marital status, or status as a
 victim of domestic violence, to refuse to hire or employ or to bar or to
 discharge from employment such individual  or  to  discriminate  against
 such individual in compensation or in terms, conditions or privileges of
 employment.    IN  THE  CASE OF AN ACCESSORY DWELLING UNIT AS DEFINED IN
 SUBDIVISION ONE OF SECTION FOUR HUNDRED EIGHTY OF THE REAL PROPERTY LAW,
 THE EXEMPTION FROM THE PROVISIONS OF THIS PARAGRAPH FOR THE RENTAL OF  A
 HOUSING  ACCOMMODATION  IN  A  BUILDING  WHICH CONTAINS HOUSING ACCOMMO-
 DATIONS FOR NOT MORE THAN TWO  FAMILIES  LIVING  INDEPENDENTLY  OF  EACH
 OTHER,  IF  THE  OWNER  RESIDES IN ONE OF SUCH ACCOMMODATIONS, SHALL NOT
 APPLY.
   § 4. This act shall take effect immediately.