Senate Bill S9423

2025-2026 Legislative Session

Establishes the Redeveloping Empty and Vacant Infrastructure for Vibrant Economies Act or the REVIVE Act

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Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2026	referred to housing, construction and community development

2025-S9423 (ACTIVE) - Details

See Assembly Version of this Bill:: A10632
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Law
Laws Affected:: Add Art 17 §§530 - 532, RP L

2025-S9423 (ACTIVE) - Summary

Provides for the adaptive reuse of certain parcels which are zoned for commercial, office, retail, or parking.

2025-S9423 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9423

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the real property law, in relation to providing for the
adaptive reuse of certain parcels which are zoned for commercial,
office, retail, or parking

 
PURPOSE:

To address New York's housing shortage streamlining the redevelopment of
vacant or underutilized commercial properties into residential or mixed-
use housing units.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as the "Redeveloping
Empty and Vacant Infrastructure for Vibrant Economies Act" or the
"REVIVE Act".

Section 2: Provides legislative intent.

Section 3: The real property law is amended by adding a new article 17
to create definitions and outline standards for what qualifies as an
eligible adaptive reuse project.

Section 4: Provides a severability clause. Section 5: Provides an effec-
tive date.

 
JUSTIFICATION:

In the mid-twentieth century, land seemed abundant and the effects of
climate change were not well known. The United States experienced an
urban sprawl, as people moved out of the cities and into the suburbs,
willing to drive miles for work, shopping, and socializing. In addition
to social and economic trends, municipal laws and regulations paved the
way towards shopping plazas, retail centers, and office parks playing a
vital role in the economic and social fabric of America of the time.
According to a 2026 report by Hudon Valley Pattern for Progress titled
"Built for Cars, Ready for People," decades old municipal parking
mandates have resulted in large amounts of land being devoted to automo-
bile parking.

Today, however, many of these properties are in decline due to changing
economic conditions, evolving consumer preferences, and the rise of
alternative retail and business models. Many malls, shopping plazas,
office centers and their parking tots have become underutilized or
outright vacant, such that academics and planners have deemed them to be
"stranded assets."

At the same time, New York is confronting a severe housing crisis- the
current supply of housing does not meet the demand. Addressing this
crisis requires innovative approaches that unlock the potential of
stranded assets for housing and community development, while thoughtful-
ly balancing statewide housing goals with the needs and preferences of
localities.


A 2024 report by New York State Comptroller Thomas DiNapoli concludes
that, "The State must take action to stimulate community-appropriate
development actions and enhance the supply and diversity of the housing
stock." An efficient way for the State to increase the housing supply is
to open and streamline the processes for turning vacant retail centers
and parking lots into new homes. Converting obsolete retail centers and
parking lots into vibrant mixed-use communities would promote general
welfare by revitalizing underused properties, creating new opportunities
for housing, businesses, and recreation, and strengthening the economic
and social vitality of New York's municipalities.

One significant impediment to these conversions is the continued appli-
cation of outdated and rigid municipal zoning and parking regulations.
To promote the development of dynamic, mixed-use communities that serve
both local and statewide interests, this bill removes certain barriers
to the redevelopment of already paved lands, white balancing the desires
of municipalities, to unlock numerous housing opportunities for everyday
New Yorkers. At least fourteen other states have introduced similar
bills, with many states having passed and enacted such legislation.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9423 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9423
 
                             I N  S E N A T E
 
                              March 11, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 real property law, in relation to providing for the
   adaptive reuse of certain parcels  which  are  zoned  for  commercial,
   office, retail, or parking

   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 "Redevelop-
 ing Empty and Vacant Infrastructure for Vibrant Economies  Act"  or  the
 "REVIVE Act".
   § 2. The Legislature finds and declares: For decades, shopping plazas,
 retail  centers,  and  office  parks  played  a vital role in New York's
 economic and social fabric. Today, however, many of these properties are
 in decline due to changing economic conditions, evolving consumer  pref-
 erences,  and  the  rise of alternative retail and business models. Many
 such centers  and  their  parking  lots  have  become  underutilized  or
 outright0  vacant,  such that academics and planners have deemed them to
 be "stranded assets."
   At the same time, New York is confronting a severe housing crisis that
 demands an aggressive,  coordinated  response.  Addressing  this  crisis
 requires  innovative  approaches  that  unlock the potential of stranded
 assets for housing and community development, while thoughtfully balanc-
 ing statewide housing goals with the needs and  preferences  of  locali-
 ties.  A  2024  report  by  New  York  State Comptroller Thomas DiNapoli
 concludes that, "The State must take action to  stimulate  community-ap-
 propriate  development  actions  and enhance the supply and diversity of
 the housing stock." An efficient way for the State to increase the hous-
 ing supply is to open up and streamline the processes for turning vacant
 retail and parking lots into new homes.
   Converting obsolete retail  centers  and  parking  lots  into  vibrant
 mixed-use  communities would promote the general welfare by revitalizing
 underused properties, creating  new  opportunities  for  housing,  busi-
 nesses, and recreation, and strengthening the economic and social vital-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14933-04-6
 S. 9423                             2
 
 ity  of  New  York's municipalities. One significant impediment to these
 conversions is the continued application of outdated and rigid municipal
 zoning regulations that unnecessarily separate residential  and  commer-
 cial uses.  To promote the development of dynamic, mixed-use communities
 that serve both local and statewide interests, it is appropriate for the
 Legislature  to establish standards that remove barriers to the redevel-
 opment of stranded  assets,  while  balancing  the  desires  of  munici-
 palities,  to  unlock  numerous  housing  opportunities for everyday New
 Yorkers.
   § 3. The real property law is amended by adding a new  article  17  to
 read as follows:
                                ARTICLE 17
    REVIVE OR REDEVELOPING EMPTY AND VACANT INFRASTRUCTURE FOR VIBRANT
                               ECONOMIES ACT
 SECTION 530. DEFINITIONS.
         531. ELIGIBLE PROJECTS.
         532. DENSITY, HEIGHT, PARKING, AND OTHER REQUIREMENTS.
   §  530.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADAPTIVE REUSE"  MEANS  THE  REPURPOSING  OF  EXISTING  BUILDINGS,
 STRUCTURES, OR LOTS IN WHOLE OR IN PART FOR RESIDENTIAL PURPOSES.
   2.  "SERVICED  LOT" REFERS TO A LEGAL PARCEL OF LAND CONNECTED TO BOTH
 MUNICIPAL WATER AND SEWER SYSTEMS OR HAS ACCESS TO EQUIVALENT WATER  AND
 SEWER INFRASTRUCTURE TO ENSURE ADEQUATE SERVICE AVAILABILITY.
   3.  "MINISTERIAL  REVIEW"  MEANS  A NON-DISCRETIONARY APPROVAL PROCESS
 BASED ON  OBJECTIVE  PLANNING  STANDARDS,  WITHOUT  PUBLIC  HEARINGS  OR
 SUBJECTIVE LOCAL REVIEW.
   4. "COMMERCIAL ZONE" REFERS TO AREAS DESIGNATED UNDER THE LOCAL ZONING
 CODE PRIMARILY FOR COMMERCIAL, OFFICE, RETAIL, OR PARKING USES. THE TERM
 "COMMERCIAL  ZONE"  SHALL  NOT  INCLUDE  ZONES  PRIMARILY DESIGNATED FOR
 INDUSTRIAL PURPOSES, EXCEPT WHERE RESIDENTIAL USES ARE EXPRESSLY PERMIT-
 TED UNDER THE APPLICABLE MUNICIPAL ZONING REGULATIONS.
   5. "PARKING USES" REFERS EXCLUSIVELY TO SITES ZONED SOLELY FOR PARKING
 PURPOSES, WITH NO ALLOWANCE FOR OTHER TYPES OF DEVELOPMENT OR USES.
   6. "ELIGIBLE PROJECT" MEANS A  RESIDENTIAL  OR  MIXED-USE  DEVELOPMENT
 THAT  MEETS  THE CRITERIA OUTLINED IN SECTION FIVE HUNDRED THIRTY-ONE OF
 THIS ARTICLE.
   7. "VACANCY RATE" MEANS THE PERCENTAGE OF UNOCCUPIED OR UNUSED  SQUARE
 FOOTAGE  IN A BUILDING, STRUCTURE, FACILITY COMPARED TO THE TOTAL SQUARE
 FOOTAGE OF THE BUILDING, STRUCTURE OR FACILITY.
   8. "ELIGIBLE PROJECT SITE" MEANS ANY PARCEL OF LAND OR GROUP OF ONE OR
 MORE CONTIGUOUS PARCELS OF LAND UPON WHICH AN ELIGIBLE PROJECT IS  BEING
 DEVELOPED.
   §  531. ELIGIBLE PROJECTS. NOTWITHSTANDING ANY PROVISION OF LAW, LOCAL
 LAW, ORDINANCE, RESOLUTION OR REGULATION TO  THE  CONTRARY,  RESIDENTIAL
 AND  MIXED-USE  DEVELOPMENTS  SHALL  BE DEEMED ELIGIBLE PROJECTS FOR THE
 PURPOSES OF THIS ARTICLE AND PERMITTED BY RIGHT ON  LEGAL  PARCELS  THAT
 MEET ALL OF THE FOLLOWING CRITERIA:
   1. ARE A MINIMUM OF FIFTEEN THOUSAND SQUARE FEET.
   2.  ARE  LOCATED  IN  COMMERCIAL  ZONES  OR ARE PARCELS DESIGNATED FOR
 COMMERCIAL, OFFICE, RETAIL, OR PARKING USES.
   3. HAVE A VACANCY RATE OF AT LEAST  FIFTY  PERCENT  FOR  A  CONTINUOUS
 PERIOD  OF  AT  LEAST ONE YEAR IMMEDIATELY PRECEDING THE APPLICATION FOR
 DEVELOPMENT.
   4. ARE SERVICED LOTS.
 S. 9423                             3
 
   5. ARE NOT INCLUDED IN ANY ACTIVE PAYMENT IN LIEU OF TAXES  AGREEMENT,
 IF  LOCATED  ENTIRELY OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION
 OR MORE, UNLESS SUCH AGREEMENT INCLUDING THE LEGAL PARCELS TO BE  DEVEL-
 OPED IS MODIFIED TO EXPLICITLY NOT INCLUDE SUCH PARCELS.
   §  532.  DENSITY,  HEIGHT, PARKING, AND OTHER REQUIREMENTS. 1. (A) FOR
 ANY ELIGIBLE PROJECT SITE THAT LIES WITHIN AN URBAN AREA AS  DEFINED  BY
 THE  UNITED  STATES  CENSUS  BUREAU,  MUNICIPALITIES SHALL NOT LIMIT THE
 DENSITY OF SUCH SITE TO LESS THAN TWENTY DWELLING UNITS PER ACRE.
   (B) FOR ANY ELIGIBLE PROJECT SITE THAT LIES OUTSIDE AN URBAN  AREA  AS
 DEFINED  BY  THE  UNITED  STATES CENSUS BUREAU, MUNICIPALITIES SHALL NOT
 LIMIT THE DENSITY OF SUCH SITE TO LESS THAN FIFTEEN DWELLING  UNITS  PER
 ACRE.
   (C)  FOR  ANY ELIGIBLE PROJECT SITE, THE MAXIMUM DENSITY OF A PROPOSED
 DEVELOPMENT SHALL BE EITHER: (I) THE  GREATEST  DENSITY  ALLOWED  ON  OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX FOR A RESIDENTIAL OR MIXED-
 USE  DEVELOPMENT  LOCATED  WITHIN THE MUNICIPALITY'S JURISDICTION WITHIN
 ONE MILE OF THE  PROPOSED  DEVELOPMENT;  OR  (II)  THE  MINIMUM  DENSITY
 REQUIRED UNDER THIS SUBDIVISION, WHICHEVER IS GREATER.
   2.  (A)  ANY  ELIGIBLE  PROJECT  SITE  LOCATED  WITHIN A CITY WITH ONE
 MILLION OR MORE INHABITANTS SHALL BE ALLOWED UP TO A HEIGHT OF TEN  FEET
 ABOVE  THE  MAXIMUM HEIGHT OTHERWISE APPLICABLE TO SUCH SITE ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-SIX; PROVIDED, HOWEVER, THAT IF  SUCH
 SITE  IS  LOCATED  WITHIN  EIGHT  HUNDRED FEET OF A ZONING DISTRICT THAT
 PERMITS A HEIGHT OR DENSITY FOR RESIDENTIAL USE  GREATER  THAN  WHAT  IS
 OTHERWISE  PROVIDED FOR IN THIS PARAGRAPH, THEN THE CITY SHALL ALLOW THE
 ELIGIBLE PROJECT SITE UP TO THE MAXIMUM HEIGHT PERMITTED IN SUCH  ZONING
 DISTRICT.
   (B)  ANY ELIGIBLE PROJECT SITE LOCATED WITHIN A VILLAGE, TOWN, OR CITY
 WITH FEWER THAN ONE MILLION INHABITANTS SHALL BE ALLOWED UP TO A  HEIGHT
 EQUIVALENT  TO  THE  MAXIMUM  HEIGHT  OTHERWISE  APPLICABLE TO SUCH SITE
 ANYWHERE WITHIN THE MUNICIPALITY ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-SIX.
   3. NO MUNICIPALITY OR COUNTY SHALL  ADOPT  OR  ENFORCE  AN  ORDINANCE,
 ORDER, ZONING RESTRICTION, OR OTHER REGULATION THAT PROVIDES OR REQUIRES
 MORE THAN ONE PARKING SPACE PER DWELLING UNIT FOR ELIGIBLE PROJECTS.
   4.  FOR  AN  ELIGIBLE  PROJECT  SITE THAT LIES WITHIN AN URBAN AREA AS
 DEFINED BY THE UNITED STATES CENSUS BUREAU:
   (A) (I) THE MUNICIPALITY SHALL REVIEW  AND  APPROVE  ELIGIBLE  PROJECT
 APPLICATIONS:
   (A)  WITHIN  SIXTY  DAYS FOR SUCH PROJECTS WITH FEWER THAN ONE HUNDRED
 FIFTY UNITS.
   (B) WITHIN NINETY DAYS FOR SUCH PROJECTS WITH  ONE  HUNDRED  FIFTY  OR
 MORE UNITS.
   (II) IF THE MUNICIPALITY FAILS TO MEET THE DEADLINES ESTABLISHED UNDER
 THIS  PARAGRAPH,  THE  ELIGIBLE  PROJECT  SHALL  BE AUTOMATICALLY DEEMED
 APPROVED.
   (B) THE MUNICIPALITY SHALL PROVIDE PUBLIC  ACCESS  TO  A  STANDARDIZED
 PROCESS  FOR  MINISTERIAL  REVIEW,  INCLUDING BUT NOT LIMITED TO CLEARLY
 DEFINED TIMELINES AND SUBMISSION REQUIREMENTS.
   (C) IF A MUNICIPALITY REJECTS AN APPLICATION RELATING TO  AN  ELIGIBLE
 PROJECT,  SUCH  MUNICIPALITY  SHALL  PROVIDE  A  LETTER  IDENTIFYING THE
 SPECIFIC ELIGIBILITY  STANDARDS  AND/OR  ZONING  REQUIREMENTS  THAT  THE
 PROPOSAL IS NOT COMPLIANT WITH.
   (D)  A MUNICIPALITY MAY CONDUCT NON-BINDING DESIGN REVIEW HEARINGS FOR
 ELIGIBLE PROJECTS; PROVIDED THAT SUCH  HEARINGS  SHALL  NOT  EXTEND  THE
 REVIEW TIMELINES SPECIFIED IN THIS SUBDIVISION.
 S. 9423                             4
 
   §  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 immediately.

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Senate Bill S9423

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S9423 (ACTIVE) - Details

2025-S9423 (ACTIVE) - Summary

2025-S9423 (ACTIVE) - Sponsor Memo

2025-S9423 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S9423 (ACTIVE) - Details

2025-S9423 (ACTIVE) - Summary

2025-S9423 (ACTIVE) - Sponsor Memo

2025-S9423 (ACTIVE) - Bill Text download pdf

Comments