Senate Bill S10507

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10507
 
                             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 Local Government
 
 AN ACT to amend the general municipal law, in relation to  enacting  the
   New York State Parking Modernization and Housing Affordability Act
 
   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  "New  York
 State Parking Modernization and Housing Affordability Act".
   § 2. Legislative Findings and Intent. The legislature finds that:
   Excessive off-street parking requirements increase the cost of housing
 construction and contribute to New York's housing shortage.
   Mandatory  parking  minimums  reduce  the  number of homes that can be
 built, particularly in transit-rich and walkable communities.
   Parking mandates undermine the State's climate goals under the Climate
 Leadership and Community Protection Act.
   Local zoning rules requiring parking  often  do  not  reflect  current
 transportation  patterns,  including  increased  transit  use,  walking,
 biking, and ride-hailing.
   Therefore, it is the intent of the legislature to  remove  unnecessary
 barriers  to housing production, reduce costs, and align land use policy
 with climate and mobility goals.
   § 3. The general municipal law is amended by adding a new section 72-s
 to read as follows:
   § 72-S. PROHIBITION ON MINIMUM PARKING REQUIREMENTS. 1.  FOR  PURPOSES
 OF  THIS  SECTION,  "TRANSIT-ACCESSIBLE AREA" MEANS ANY AREA WITHIN ONE-
 HALF MILE OF:
   (A) A SUBWAY, RAIL, OR FERRY STATION; OR
   (B) A BUS STOP WITH SERVICE  INTERVALS  OF  FIFTEEN  MINUTES  OR  LESS
 DURING PEAK HOURS.
   2. (A) SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION,
 NO  CITY,  TOWN, OR VILLAGE SHALL REQUIRE A MINIMUM NUMBER OF OFF-STREET
 PARKING SPACES FOR:
   (I) RESIDENTIAL DEVELOPMENT OF ANY  KIND,  INCLUDING  MULTIFAMILY  AND
 MIXED-USE BUILDINGS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15846-01-6
 S. 10507                            2
 
   (II) ADAPTIVE REUSE OR CONVERSION OF EXISTING BUILDINGS TO RESIDENTIAL
 USE; OR
   (III)  COMMERCIAL OR COMMUNITY FACILITY USES LOCATED WITHIN DESIGNATED
 TRANSIT-ACCESSIBLE AREAS.
   (B) A MUNICIPALITY MAY ADOPT A LOCAL LAW TO  REQUIRE  LIMITED  PARKING
 MINIMUMS ONLY IF:
   (I)  THE MUNICIPALITY CONDUCTS A PARKING UTILIZATION STUDY DEMONSTRAT-
 ING A CLEAR AND PERSISTENT SHORTAGE;
   (II) THE MUNICIPALITY HOLDS AT LEAST TWO PUBLIC HEARINGS REGARDING THE
 PROPOSED PARKING LIMITATION; AND
   (III) THE REQUIREMENTS ARE NARROWLY TAILORED AND REVIEWED EVERY  THREE
 YEARS.
   (C)  A LOCAL LAW ADOPTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION
 SHALL NOT:
   (I) APPLY TO AFFORDABLE HOUSING DEVELOPMENTS;
   (II) APPLY TO BUILDINGS WITH FEWER THAN FIFTY UNITS; AND
   (III) REQUIRE MORE THAN ONE-HALF PARKING SPACE PER RESIDENTIAL UNIT.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT  PROHIBIT  A  MUNICIPALITY
 FROM:
   (A) IMPOSING MAXIMUM PARKING LIMITS;
   (B) REQUIRING ACCESSIBLE PARKING SPACES IN COMPLIANCE WITH FEDERAL AND
 STATE LAW; OR
   (C) REGULATING PARKING DESIGN, SAFETY, AND CURB CUTS.
   4.  THE  DEPARTMENT OF TRANSPORTATION, IN CONSULTATION WITH THE METRO-
 POLITAN TRANSPORTATION AUTHORITY AND OTHER REGIONAL  TRANSIT  PROVIDERS,
 SHALL PUBLISH AND UPDATE MAPS IDENTIFYING SUCH AREAS.
   5. THIS SECTION SHALL SUPERSEDE ANY INCONSISTENT LOCAL LAW, ORDINANCE,
 OR  ZONING  PROVISION  THAT MANDATES MINIMUM OFF-STREET PARKING REQUIRE-
 MENTS IN VIOLATION OF THIS SECTION.
   6. THE NEW YORK STATE DEPARTMENT OF STATE  SHALL  ISSUE  MODEL  ZONING
 GUIDANCE  TO ASSIST MUNICIPALITIES IN IMPLEMENTING THIS SECTION, INCLUD-
 ING BEST PRACTICES FOR:
   (A) PARKING MAXIMUMS;
   (B) SHARED PARKING STRATEGIES; AND
   (C) TRANSPORTATION DEMAND MANAGEMENT PROGRAMS.
   § 4. 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.
   §  5. This act shall take effect one year after it shall have become a
 law.