S T A T E O F N E W Y O R K
________________________________________________________________________
10501
I N S E N A T E
May 15, 2026
___________
Introduced by Sen. BOTTCHER -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the executive law, in relation to authorizing single
stairway residential buildings in a city having a population of one
million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that New York
state faces a severe housing shortage, particularly for small and moder-
ately sized multifamily buildings.
Current building codes generally require two means of egress (two
stairways) for most residential buildings above three stories, which
increases construction costs, limits feasible building types on small
and irregular lots, and reduces the number of units that can be built.
Jurisdictions including Texas, Colorado, Washington, Germany and Swed-
en permit single stairway residential buildings under modern fire safety
standards.
Evidence shows that single stairway buildings can be constructed safe-
ly when paired with fire-resistant construction, automatic sprinkler
systems, smoke control and compartmentalization. Allowing single stair-
way buildings will enable family-sized apartments, unlock small infill
sites, and support contextual, mid-rise housing in urban areas.
§ 2. Subdivision 20 of section 378 of the executive law, as renumbered
by section 3 of part RR of chapter 56 of the laws of 2023, is renumbered
subdivision 21 and a new subdivision 20 is added to read as follows:
20. STANDARDS PERMITTING SINGLE STAIRWAY RESIDENTIAL BUILDINGS UP TO
SIX STORIES OR SEVENTY-FIVE FEET IN HEIGHT, WHICHEVER IS LESS IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE. SUCH BUILDINGS SHALL BE
PERMITTED IN ANY ZONING DISTRICT THAT ALLOWS MULTI-FAMILY RESIDENTIAL
USE AND WITHOUT ANY ADDITIONAL DISCRETIONARY APPROVAL SOLELY DUE TO
HAVING ONE STAIRCASE.
A. SINGLE STAIRWAY BUILDINGS MUST COMPLY WITH ALL OF THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15899-01-6
S. 10501 2
(I) AN AUTOMATIC SPRINKLER OR SYSTEMS MUST BE PRESENT AND OPERATIONAL
THROUGHOUT THE BUILDING;
(II) THE BUILDING MUST HAVE A FIRE-RESISTANCE RATING OF NOT LESS THAN
TWO HOURS FOR STRUCTURAL ELEMENTS;
(III) MAXIMUM TRAVEL DISTANCE LIMITS WITHIN THE BUILDING ARE CONSIST-
ENT WITH INTERNATIONAL BUILDING CODE BEST PRACTICES;
(IV) THE STAIRCASE MUST BE SMOKE-PROOF OR MECHANICALLY VENTILATED;
(V) THERE ARE NO MORE THAN FOUR DWELLING UNITS PER FLOOR;
(VI) THE BUILDING ALLOWS ADEQUATE EMERGENCY RESPONDER ACCESS, INCLUD-
ING FIRE DEPARTMENT ACCESS PANELS OR BALCONIES AND APPROPRIATE WINDOW
SIZE AND PLACEMENT REQUIREMENTS FOR ACCESS;
(VII) THE UNIT LAYOUT ENSURES DIRECT ACCESS TO THE STAIRWAY; AND
(VIII) THE BUILDING CONTAINS NO EXCESSIVE DEAD-END CORRIDORS.
B. AS USED IN THIS SUBDIVISION, "SINGLE STAIRWAY RESIDENTIAL BUILDING"
MEANS A RESIDENTIAL BUILDING THAT CONTAINS ONE INTERIOR ENCLOSED STAIR-
WAY SERVING ALL DWELLING UNITS AND THAT MEETS ALL SAFETY REQUIREMENTS
ESTABLISHED UNDER THIS SECTION.
C. NO MUNICIPALITY WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE MAY PROHIBIT SINGLE-STAIR RESIDENTIAL BUILDINGS THAT COMPLY WITH
THIS SUBDIVISION, OR IMPOSE ADDITIONAL EGRESS REQUIREMENTS CONTAINED IN
THIS SUBDIVISION. SUCH MUNICIPALITIES MAY ADOPT OBJECTIVE SAFETY OR
DESIGN STANDARDS, PROVIDED THEY DO NOT EFFECTIVELY PROHIBIT SUCH BUILD-
INGS. THE NEW YORK CITY BUILDING CODE MAY ADOPT EQUIVALENT OR MORE
PERMISSIVE PROVISIONS, BUT NOT MORE RESTRICTIVE ONES.
D. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
COUNCIL SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SUBDIVISION. SUCH RULES AND REGULATIONS SHALL INCOR-
PORATE INTERNATIONAL BUILDING CODE STANDARDS AND BEST PRACTICES FROM
OTHER U.S. STATES AND EUROPEAN COUNTRIES.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.