Assembly Bill A8834

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8834
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Local Governments
 
 AN ACT to amend the general city law, the village law and the town  law,
   in relation to reforming exclusionary zoning ordinances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  This act shall be known and may be cited as the  "REZO-NY-
 ing (reform exclusionary zoning ordinances in New York) act".
   § 2.  Subdivision 24 of section 20 of the general city law, as amended
 by chapter 742 of the laws of 1979, is amended to read as follows:
   24.  [To] (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION,
 TO regulate and limit the height, bulk and location of  buildings  here-
 after  erected,  to regulate and determine the area of yards, courts and
 other open spaces, and to regulate the  density  of  population  in  any
 given  area,  and  for  said purposes to divide the city into districts.
 Such regulations shall be uniform for each class of buildings throughout
 any district, but the regulations in one or more  districts  may  differ
 from  those  in  other  districts. Such regulations shall be designed to
 secure safety from fire, flood and other  dangers  and  to  promote  the
 public  health  and welfare, including, so far as conditions may permit,
 provision for adequate light, air, convenience of access, and the accom-
 modation of solar energy systems and equipment and  access  to  sunlight
 necessary  therefor,  and  shall  be  made with reasonable regard to the
 character of buildings erected in each district, the value of  land  and
 the  use  to  which  it may be put, to the end that such regulations may
 promote public health, safety and welfare and the most desirable use for
 which the land of each district may be adapted and may tend to  conserve
 the  value  of  buildings  and  enhance the value of land throughout the
 city.
   (B) EXCEPT AS OTHERWISE AND EXPRESSLY AUTHORIZED BY THIS  SUBDIVISION,
 NO  CITY SHALL ENACT, AMEND OR OTHERWISE MODIFY SUCH REGULATIONS IF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04523-01-5
              

 A. 8834                             2
 
 ENACTMENT, AMENDMENT OR MODIFICATION WILL HAVE THE  EFFECT  OF  REDUCING
 THE  NUMBER  OF  ALLOWABLE  HOUSING  UNITS  IN  THE  AREA SUBJECT TO THE
 ENACTED, AMENDED OR MODIFIED REGULATION.
   § 3. Section 7-700 of the village law is amended to read as follows:
   § 7-700 Grant of power. [For] 1. EXCEPT AS PROVIDED IN SUBDIVISION TWO
 OF  THIS  SECTION,  FOR  the  purpose  of  promoting the health, safety,
 morals, or the general welfare of the community, the board  of  trustees
 of a village is hereby empowered, by local law, to regulate and restrict
 the  height,  number  of  stories and size of buildings and other struc-
 tures, the percentage of lot that may be occupied, the  size  of  yards,
 courts  and  other  open  spaces,  the  density  of  population, and the
 location and use of buildings, structures and land for trade,  industry,
 residence  or  other purposes.   As a part of the comprehensive plan and
 design, the village board is empowered by local  law,  to  regulate  and
 restrict  certain areas as national historic landmarks, special historic
 sites, places and buildings for the purpose of conservation, protection,
 enhancement and perpetuation of these places of natural  heritage.  Such
 regulations shall provide that a board of appeals may determine and vary
 their application in harmony with the general purpose and intent, and in
 accordance with general or specific rules therein contained.
   2.  EXCEPT  AS OTHERWISE AND EXPRESSLY AUTHORIZED BY THIS SUBDIVISION,
 NO VILLAGE SHALL ENACT, AMEND OR OTHERWISE MODIFY  SUCH  LOCAL  LAWS  IF
 SUCH ENACTMENT, AMENDMENT OR MODIFICATION WILL HAVE THE EFFECT OF REDUC-
 ING  THE  NUMBER  OF  ALLOWABLE HOUSING UNITS IN THE AREA SUBJECT TO THE
 ENACTED, AMENDED OR MODIFIED LOCAL LAW.
   § 4. Section 261 of the town law, as amended by  chapter  458  of  the
 laws of 1997, is amended to read as follows:
   §  261.  Grant  of power; appropriations for certain expenses incurred
 under this article. [For] 1. EXCEPT AS PROVIDED IN  SUBDIVISION  TWO  OF
 THIS  SECTION,  FOR the purpose of promoting the health, safety, morals,
 or the general welfare of  the  community,  the  town  board  is  hereby
 empowered by local law or ordinance to regulate and restrict the height,
 number  of  stories  and  size  of  buildings  and other structures, the
 percentage of lot that may be occupied, the size of yards,  courts,  and
 other  open  spaces, the density of population, and the location and use
 of buildings, structures and land  for  trade,  industry,  residence  or
 other purposes; provided that such regulations shall apply to and affect
 only  such  part  of a town as is outside the limits of any incorporated
 village or  city;  provided  further,  that  all  charges  and  expenses
 incurred  under  this  article for zoning and planning shall be a charge
 upon the taxable property of that part of the town outside of any incor-
 porated village or  city.  The  town  board  is  hereby  authorized  and
 empowered  to make such appropriation as it may see fit for such charges
 and expenses, provided however, that such  appropriation  shall  be  the
 estimated  charges  and  expenses  less  fees,  if  any,  collected, and
 provided, that the amount so appropriated shall be assessed, levied  and
 collected from the property outside of any incorporated village or city.
 Such  regulations  may provide that a board of appeals may determine and
 vary their application in harmony with their general purpose and intent,
 and in accordance with general or specific rules therein contained.
   2. EXCEPT AS OTHERWISE AND EXPRESSLY AUTHORIZED BY  THIS  SUBDIVISION,
 NO  TOWN SHALL ENACT, AMEND OR OTHERWISE MODIFY SUCH LOCAL LAWS OR ORDI-
 NANCES IF SUCH ENACTMENT, AMENDMENT OR MODIFICATION WILL HAVE THE EFFECT
 OF REDUCING THE DENSITY OF ALLOWABLE HOUSING UNITS IN THE  AREA  SUBJECT
 TO THE ENACTED, AMENDED OR MODIFIED LOCAL LAW OR ORDINANCE.
 A. 8834                             3
 
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that any city, town or
 village that has a local law, regulation or other policy that  does  not
 comply  with  the  provisions  of this act shall, prior to the effective
 date  of  this  act, take any action necessary to ensure compliance with
 this act upon the effective date of this act.