A bill pending in the State Legislature, (S.4547A/A.4854A), which Senator Harckham introduced with Assembly member Harvey Epstein, would empower homeowners to make the most of their largest investment, and clear the red tape in allowing residents the flexibility to make their homes meet the needs of their families and provide badly needed, low-density housing options. With good reason, Governor Hochul included similar approval of ADUs in her proposed FY2023 State Budget.
Because of the many intentional misrepresentations and false characterizations being spread by opponents of ADUs, here are some short and clarifying answers to FAQs.
What Are ADUs?
Most ADUs are usually a small studio or one-bedroom apartment in the back of a house, in a basement or on top of a garage. Unless you lived next door, you probably would have no idea the ADU even existed.
Why Do We Need ADUs?
New York is in the midst of a housing affordability crisis. Seniors on fixed incomes cannot stay in the homes they have lived in for decades. Young people and members of the workforce who grew up in our communities cannot afford to stay in those communities either. The same goes for first responders and frontline workers, many who often cannot afford to live in the communities in which they live, and who now face long commutes to where they work.
Will this end local control over communities?
No. In fact, local governments are asked to come up with a proposal for including ADUs in their planning so that consideration can be given on a case-by-case basis to the needs of each community.
Who can create an ADU?
Only homeowners can create a single ADU on their own property, according to the Harckham/Epstein bill, which would also give municipalities a say in whether the homeowner needs to reside on the property in order to create an ADU at all.
Would local municipalities have any say in the ADU law?
Yes. Under the policies being proposed, local governments would be able to craft their own ADU laws: setting design and height standards, limiting ADUs to existing building envelopes if they wish, and limiting short-term rentals, among other options. In fact, local governments would receive more support than they currently do—like model code and technical assistance from NYS Division of Housing and Community Renewal (DHCR). Many current local ADU ordinances would be able to stay on the books with little or no modification. All regulations necessary to protect the health and safety of occupants will be maintained by the locality.
What other changes were made in the ADU law?
Local governments can require ADUs fit within the existing building envelope. Also, the bill affords a more gracious timeline for municipal approvals of applications and extends the timeline for the adoption of local accessory dwelling unit laws by each municipality. Finally, the Good Cause Eviction clause, which would have made it burdensome for landlords to evict undesirable tenants from their premises, has been removed.
What about parking and congestion?
The bill allows municipalities to take into account the absence of on-street parking, when considering approval, if the unit is greater than one-half mile from public transportation. Allowing working people to live closer to their jobs will also reduce congestion by cutting down on commute times, reducing traffic through towns and villages on the way.
Will developers be able to turn single family homes into apartment buildings?
No. The Executive Budget requires owner occupancy, and the language in our bill allows local governments the ability to add that requirement if they choose. Both proposals limit development to ONE unit that must fit within the building envelope determined by the locality.
What about the environment?
The bill specifically makes sure ADUs’ septic capacity approval still resides with the local health department, necessary to meet state health, safety, and sanitary standards, comport with flood resilience policies and efforts, and be consistent with the protection of wetlands and watersheds.
What about Health and Safety?
The bill specifically allows for localities to set limits to protect the health and safety of ADU residents and those in the primary unit. Additionally, in the case of existing, unregulated units, legalization is the only way to create an incentive for owners to bring units up to code, and bring units into proper inspection protocols.
Will ADUs “destroy” the suburbs, as opponents continue to attest?
ADU’s are a low-density tool to create more affordable housing options. They do not change the overall appearance of the neighborhoods where they exist, and they help strengthen neighborhood continuity by allowing seniors to age in place, recent graduates to return to their communities, and people with disabilities to live independently. With the endorsement of AARP and the Regional Planning Association, ADUs, it is understood, will truly help strengthen our communities.
Is housing that expensive?
Yes. Housing prices have skyrocketed in the last two years, so that now the median sale price for a home in Westchester is over $700,000 and near $600,000 on Long Island.
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