A04854 Summary:

BILL NOA04854
 
SAME ASSAME AS S04547
 
SPONSOREpstein
 
COSPNSRCarroll, Anderson, Simon, Steck, Gallagher, Seawright, Mamdani, Colton, Jackson, Gonzalez-Rojas, Frontus, Barron, McDonald, Sillitti, Rosenthal L, Mitaynes, Lupardo
 
MLTSPNSR
 
Add Art 16 §§480 - 485, RP L; amd §§292 & 296, Exec L
 
Provides regulations for the adoption of local ordinances for the creation of accessory dwelling units; and provides for the inclusion of an accessory dwelling unit in the term housing accommodation in the human rights law.
Go to top    

A04854 Actions:

BILL NOA04854
 
02/08/2021referred to local governments
Go to top

A04854 Committee Votes:

Go to top

A04854 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A04854 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4854
 
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the real property law, in relation to accessory dwelling units; and to amend the executive law, in relation to including an accessory dwelling unit in the term housing accommodations in human rights law   SUMMARY OF PROVISIONS: The bill works with local governments to create local ADU laws. The bill defines an ADU as an apartment, located on a lot with a primary residence, that includes permanent provisions for sleeping, eating, cooking, and sanitation. The bill directs localities to adopt local ADU ordinances that: * Allow ADUs on lots zoned for residential use and lots where a residential use exists; * Permit at least 1 ADU per lot; * Allow homeowners to build ADUs as-of-right, and provide that a permit application must be approved or denied within 60 days; * Provide that ADUs can be rented separately from the primary-residence but cannot be separately sold; * Require that ADUs are rented for a term no less than 30 days; and * Establish that only homeowners that occupy a unit in the primary dwelling may create an ADU, and that the homeowner must continue to occupy the primary dwelling for at least one year after creating an ADU. - The bill empowers localities to shape local rules to fit, local circumstances by: * Giving localities the power to set reasonable stan- dards for ADUs, including for height, landscaping, architectural review, and the minimum and maximum size of a unit, and ensuring that localities can impose fire or safety requirements to protect the health and safety of tenants; * Providing that if there is an existing primary dwelling, an attached ADU will be at most half the size of the existing dwelling, subject to limited exceptions; * Allowing localities to impose permitting fees up to $1000 in connection with ADU applications; and * Establishing that where an ADU requires new sewer or other utility connections, a local agency can impose reasonable fees in connection with that cost. The bill sets minimum standards for ADU ordinances to ensure that outdated state and local rules that unnecessarily stifle ADU creation no longer apply, by: * Exempting ADUs from the Multiple Dwelling Law, and providing that the addition of an ADU does not subject a property to the MDL that is not already subject to the MDL; * Specifying that no setback is required for an ADU that converts an existing structure, and no rear or side setback greater than 4 feet is required for a new structure; * Setting a maximum ceiling height requirement of 7 feet; * Prescribing that where an ADU is partially below ground, a locality cannot require that more than 2 feet of the ceiling height be above curb level; * Providing that where an ADU permit is denied, any person may bring an action in a court of competent jurisdiction to appeal that denial; * Ensuring that ADUs do not require more than 1 point of exterior access by door; * Relaxing parking requirements for ADUs, including providing that ADUs do not require additional onsite parking and that an existing parking structure such as a garage may be converted to create an ADU without building a replacement parking structure; * Providing that while localities can set maximum and minimum size rules, they cannot impose minimum square footage requirements greater than 200 square feet; maximums less than 1,500 square feet; or other rules respecting size that would prevent at least an 800 square foot ADD with 4 foot side and rear setbacks; and * Establishing that ADUs do not count toward the existing allowable density of a lot. The bill establishes a state process to ensure local implementation by: * Directing DHCR to promulgate a model code to assist localities; * Requiring that localities adopt ADU ordinances within 180 days of enactment and submit them to the Department of Homes and Community Renewal (DHCR). DHCR will then review'local ordinances to ensure that they comply with all requirements. If they do not, the locality will have an opportunity to correct the law. If the locality does not correct the law, DHCR may amend the ordinance and direct the locality to enforce it as well as refer local noncompliance to the Attorney General. If the locality adopts no local ordinance at all, DHCR will impose one and the Attorney General may bring a civil action to ensure compliance; and * Tasking DHCR with releasing an annual report detailing its efforts, local compliance, and the state of ADU development. The bill creates a state financing program to assist low-and-moderate income homeowners in creating ADUs and a technical assistance program for all homeowners. - The bill directs DHCR to create a lending program to assist low- and moderate income homeowners in securing financing for the creation of ADUs that: * Defines low-income homeowners as those earning up to 80 percent of area median income and moderate-income homeowners as those earning up to 120 percent of area median income; * Requires that a unit financed under the program is rented at a below- market rate for 15 years; and * Specifies that the program will be funded through capital appropri- ations and reappropriations in the state fiscal year housing program. * The bill also directs DHCR to create a program to provide technical assistance to all homeowners interested in creating an ADU. The bill protects tenants in ADUs against discrimination, unreasonable rent increases, and unwarranted evictions. The bill extends anti-discrimination protections in the New York Human Rights Law to ADUs, ensuring that tenants are protected against discrim- ination on the basis of race, creed, color, national origin, sex, age, disability, marital status, family status, sexual orientation, or gender identity. The bill provides that rents in ADUs can only increase by 3%, or 1.5 times the consumer price index, per year. The bill also provides that landlords can only remove a tenant in an ADU for "good cause," and sets out that good cause exists where: * A tenant fails to pay the rent; * A tenant violates a substantial obligation of tenancy; * A tenant is a nuisance; * A government agency orders the tenant to vacate; * A tenant has used the premises for an illegal purpose; * A tenant unreasonably refuses the landlord access; or * A landlord seeks in good faith to use the unit for his or her own personal use and occupancy or for the use of a close family member.   JUSTIFICATION: With this legislation, New York legislators can create tens of thousands of new, affordable homes while giving homeowners the opportunity to earn new sources of income. In recent years, states like California have passed similar "Accessory Dwelling Unit" (ADU) laws with support from housing and tenant advocates, homeowners, civil rights groups, and local civic leaders. These reforms are succeeding across the country because ADUs offer a path to create badly-needed housing while respecting the existing context of neighborhoods. ADUs are smaller, secondary homes on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. ADUs can take many forms: a small ."in-law unit," a garage conversion, a backyard cottage, a base- ment apartment, or a converted attic. Because they frequently involve the adaptation of existing structures, ADUs are often invisible from the street. And owing to their small footprint and lower cost of construction, ADUs can provide more affordable housing options than existing alternatives. Unfortunately, outdated state and local rules often make it impossible or too costly for a homeowner to create an ADU and earn the income that comes with a new rental. And those ADUs that do exist are too-often unregulated and unsafe, leaving tenants without the protections they deserve and homeowners vulnerable to substantial fines. This bill solves that problem by giving homeowners a streamlined process to create ADUs; offering a state financing program to help low- and-mod- erate income homeowners finance ADU creation; and ensuring that tenants in ADUs are protected against discrimination, unreasonable rent increases, and unwarranted evictions.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately after becoming law.
Go to top

A04854 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4854
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the real property law, in relation to accessory dwelling
          units; and to amend the executive law, in  relation  to  including  an
          accessory  dwelling  unit  in the term housing accommodations in human
          rights law

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property law is amended by adding a new article 16
     2  to read as follows:
     3                                 ARTICLE 16
     4                          ACCESSORY DWELLING UNITS
     5  Section 480. Definitions.
     6          481. Accessory dwelling unit regulations and ordinances.
     7          482. State review and enforcement.
     8          483. Low and moderate income homeowners program.
     9          484. Good cause eviction of a tenant.
    10          485. Severability.
    11    § 480. Definitions. As used in this article, unless the context other-
    12  wise requires, the following terms shall have the following meanings:
    13    1.  "Accessory  dwelling  unit"  shall  mean an attached or a detached
    14  residential dwelling unit  that  provides  complete  independent  living
    15  facilities  for  one  or  more  persons which is located on a lot with a
    16  proposed or existing  primary  residence  and  shall  include  permanent
    17  provisions  for living, sleeping, eating, cooking, and sanitation on the
    18  same lot as the single-family or multifamily  dwelling  is  or  will  be
    19  situated.
    20    2.  "Accessory structure" shall mean a structure that is accessory and
    21  incidental to a dwelling located on the same lot.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07619-02-1

        A. 4854                             2
 
     1    3. "Living area" shall mean the interior habitable area of a  dwelling
     2  unit,  including  basements,  cellars, and attics but does not include a
     3  garage or any accessory structure.
     4    4. "Local agency" shall mean a city, county, township, or borough.
     5    5.  "Low-income  homeowners"  shall  mean  homeowners  with an income,
     6  adjusted for family size, not exceeding eighty percent of the area medi-
     7  an income.
     8    6. "Moderate-income homeowners" shall mean homeowners with an  income,
     9  adjusted  for  family size, not exceeding one hundred and twenty percent
    10  of the area median income.
    11    7. "Nonconforming zoning condition" shall mean a physical  improvement
    12  on a property that does not conform with current zoning standards.
    13    8.  "Passageway" shall mean a pathway that is unobstructed and extends
    14  from a street to one entrance of the accessory dwelling unit.
    15    9. "Proposed dwelling" shall mean a dwelling that is the subject of  a
    16  permit application and that meets the requirements for permitting.
    17    10.  "Impact fee" shall mean any payment imposed by a local agency for
    18  the purpose of providing new or expanded public  capital  facilities  or
    19  infrastructure required to serve a new development.
    20    11.  "Division"  shall  mean  the New York state division of homes and
    21  community renewal.
    22    §  481.  Accessory  dwelling  unit  regulations  and  ordinances.   1.
    23  Notwithstanding  any  law,  rule, policy, regulation or ordinance to the
    24  contrary, a local agency shall, by ordinance, provide for  the  creation
    25  of accessory dwelling units. Such ordinance shall:
    26    (a)  Designate areas within the jurisdiction of the local agency where
    27  accessory dwelling units shall  be  permitted.  Designated  areas  shall
    28  include  all  areas  zoned  for single-family or multifamily residential
    29  use, and all lots with an existing residential use.
    30    (b) Authorize the creation of at least one accessory dwelling unit per
    31  lot in designated areas.
    32    (c) Provide reasonable standards for  accessory  dwelling  units  that
    33  include,  but are not limited to height, landscape, architectural review
    34  and maximum size of a unit. In no case shall such standards  unnecessar-
    35  ily impair the creation of accessory dwelling units.
    36    (d) Require accessory dwelling units to comply with the following:
    37    (i)  Such  unit may be rented separate from the primary residence, but
    38  shall not be sold or otherwise conveyed separate from the primary  resi-
    39  dence;
    40    (ii)  Such  unit shall be located on a lot that includes a proposed or
    41  existing residential dwelling;
    42    (iii) Such unit shall not be rented for a term less than thirty  days;
    43  and
    44    (iv)  Such unit shall be attached to or located within the proposed or
    45  existing  primary  dwelling,  including  but  not  limited  to  attached
    46  garages, storage areas, basements, cellars, similar spaces, or an acces-
    47  sory  structure or detached from the proposed or existing primary dwell-
    48  ing and located on the same lot as  the  proposed  or  existing  primary
    49  dwelling.
    50    (v)  If there is an existing primary dwelling, the total floor area of
    51  an attached accessory dwelling unit shall not exceed  fifty  percent  of
    52  the  existing  primary  dwelling,  unless  such  limit would prevent the
    53  creation of an accessory dwelling unit  that  is  no  greater  than  six
    54  hundred squared feet.
    55    2.  A local agency shall not establish by ordinance any of the follow-
    56  ing:

        A. 4854                             3
 
     1    (a) A minimum square footage requirement for  either  an  attached  or
     2  detached accessory dwelling unit greater than two hundred square feet;
     3    (b)  A  maximum  square  footage requirement for either an attached or
     4  detached accessory dwelling unit  that  is  less  than  fifteen  hundred
     5  square feet;
     6    (c)  Any other minimum or maximum size for an accessory dwelling unit,
     7  based upon a percentage of the proposed or existing primary dwelling, or
     8  limits on lot coverage, floor area ratio, open space,  and  minimum  lot
     9  size,  for  either an attached or detached dwelling that does not permit
    10  at least an eight hundred square foot accessory dwelling unit with four-
    11  foot side and rear yard setbacks to be constructed  in  compliance  with
    12  other local development standards;
    13    (d) A ceiling height requirement greater than seven feet;
    14    (e)  If  an accessory dwelling unit or a portion thereof is below curb
    15  level, a requirement that more than two feet of such  unit's  height  be
    16  above curb level;
    17    (f)  Any  requirement  that  a  passageway  exist or be constructed in
    18  conjunction with the creation of an accessory dwelling unit; and
    19    (g) Any setback for an existing living area or accessory structure  or
    20  a  structure constructed in the same location and to the same dimensions
    21  as an existing structure that is converted to an accessory dwelling unit
    22  or to a portion of an accessory dwelling unit, or any  setback  of  more
    23  than  four feet from the side and rear lot lines for an accessory dwell-
    24  ing unit that is not converted from  an  existing  structure  or  a  new
    25  structure constructed in the same location and to the same dimensions as
    26  an existing structure.
    27    3.  No ordinance for the creation of accessory dwelling units pursuant
    28  to subdivision one of this section shall be considered in  the  applica-
    29  tion  of  any  local  ordinance, policy, or program to limit residential
    30  growth.
    31    4. No parking requirement shall be imposed on  an  accessory  dwelling
    32  unit.
    33    5.  The  local agency shall not require that off-street parking spaces
    34  be replaced if a garage, carport, or covered parking structure is demol-
    35  ished in conjunction with the construction of an accessory dwelling unit
    36  or converted to an accessory dwelling unit.
    37    6. Notwithstanding any local  ordinance  regulating  the  issuance  of
    38  variances  or  special  use  permits,  a permit application to create an
    39  accessory dwelling unit in conformance with the local ordinance shall be
    40  considered ministerially without discretionary review or a  hearing.  If
    41  there  is  an existing single-family or multifamily dwelling on the lot,
    42  the permitting agency shall act on the application to create an accesso-
    43  ry dwelling unit within sixty  days  from  the  date  the  local  agency
    44  receives a completed application. If the permit application to create an
    45  accessory dwelling unit is submitted with a permit application to create
    46  a  new  residential dwelling on the lot, the permitting agency may delay
    47  acting on the permit application for the accessory dwelling  unit  until
    48  the  permitting  agency acts on the permit application to create the new
    49  dwelling, but the application to  create  the  accessory  dwelling  unit
    50  shall  be  considered  without  discretionary  review or hearing. If the
    51  applicant requests a delay, the sixty day time period  shall  be  tolled
    52  for  the  period  of  the  delay. A local agency may charge a fee not to
    53  exceed one thousand dollars for the reimbursement of  the  actual  costs
    54  such  local  agency  incurs  pursuant to this subdivision, including the
    55  costs related to adopting or amending any ordinance that provide for the
    56  creation of an accessory dwelling unit.

        A. 4854                             4
 
     1    7.  Municipalities shall establish an  administrative  appeal  process
     2  for  the  denial of a permit for accessory dwelling units. When a permit
     3  to create an accessory dwelling unit pursuant to  an  ordinance  adopted
     4  pursuant  to  this section is denied, the agency shall issue a notice of
     5  denial which shall contain the reason such permit application was denied
     6  and  instructions  on  how  the  applicant  may  appeal such denial. All
     7  appeals shall be submitted to the issuing agency, or any decisional body
     8  granting such permits, or any other appellate board or body, in  writing
     9  within thirty days of such denial.
    10    8.  No other local ordinance, policy, or regulation shall be the basis
    11  for the denial of a building permit or a use permit under this section.
    12    9. If a local agency has an existing accessory dwelling unit ordinance
    13  that fails to meet the requirements  of  this  section,  that  ordinance
    14  shall  be  null  and  void. Such local agency shall thereafter apply the
    15  standards established in this section  for  the  approval  of  accessory
    16  dwelling  unit until such local agency adopts an ordinance that complies
    17  with this section.
    18    10. A local agency may amend its zoning ordinance or general  plan  to
    19  incorporate  the  policies, procedures, and provisions applicable to the
    20  creation of an accessory dwelling unit if such provisions are consistent
    21  with this section.
    22    11. The local agency shall ensure that accessory  dwelling  units  are
    23  not counted toward the allowable residential density, or any requirement
    24  respecting lot coverage or open space, for the lot upon which the acces-
    25  sory  dwelling unit is located under the existing zoning designation for
    26  such lot. The local agency shall also  ensure  that  accessory  dwelling
    27  units  are  for  a  residential use that is consistent with the existing
    28  zoning designation for the lot. The accessory dwelling unit shall not be
    29  considered in the application of any local ordinance, policy, or program
    30  to limit residential growth.
    31    12. No provision of the multiple dwelling law shall apply to an acces-
    32  sory dwelling unit, irrespective to whether such provisions of such  law
    33  apply  to the primary dwelling, and a dwelling otherwise exempt from the
    34  provisions of the  multiple  dwelling  law  shall  not  fall  under  the
    35  provisions  of  such  law  as  a  result of the addition of an accessory
    36  dwelling unit.
    37    13. A local agency may require no more  than  one  point  of  exterior
    38  access by door from the proposed or existing residential dwelling.
    39    14.  A  local agency shall not require, as a condition for ministerial
    40  approval of a permit application for the creation of an accessory dwell-
    41  ing unit, the correction of nonconforming zoning conditions.
    42    15. Where an accessory dwelling unit requires a new or separate utili-
    43  ty connection directly between the accessory dwelling unit and the util-
    44  ity, the connection may be subject  to  a  connection  fee  or  capacity
    45  charge  that shall be proportionate to the burden of the proposed acces-
    46  sory dwelling unit, based upon either its size  or  the  number  of  its
    47  plumbing  fixtures  upon  the  water or sewer system. Such fee or charge
    48  shall  not  exceed  the  reasonable  cost  of  providing  such   utility
    49  connection.  A  local  agency  shall  not impose any other impact fee in
    50  connection with an accessory dwelling unit.
    51    16. The first lawful occupancy of an  accessory  dwelling  unit  shall
    52  occur  at  a time when a unit in the primary dwelling is owner-occupied,
    53  and such owner-occupation must continue for at least one year  following
    54  the first legal occupancy of the accessory dwelling unit. A local agency
    55  shall  not  impose  any other owner occupancy requirement for either the
    56  primary dwelling or the accessory dwelling unit.

        A. 4854                             5
 
     1    17. A local agency shall not impose any health or  safety  requirement
     2  on  accessory dwelling units that is not necessary to protect the health
     3  and safety of the occupants of such a dwelling.
     4    18.  A  local agency shall not issue a certificate of occupancy or its
     5  equivalent for an accessory dwelling unit before the local agency issues
     6  a certificate of occupancy or its equivalent for the primary dwelling.
     7    19. A local agency shall adopt an ordinance pursuant to  this  section
     8  within one hundred eighty days of the effective date of this article.
     9    §  482. State review and enforcement. 1. A local agency shall submit a
    10  copy of the ordinance adopted pursuant to section four  hundred  eighty-
    11  one  of  this  article  to  the  division  within thirty days after such
    12  adoption.
    13    2. (a) Within sixty days of receipt of a local agency's ordinance,  or
    14  sixty  days  after  expiration of the time to submit said ordinance, the
    15  division shall submit written findings to the local agency as to whether
    16  the local agency's ordinance complies with this article.  Such  findings
    17  shall include a determination as to whether the local agency's ordinance
    18  contains  rules  that are not reasonable within the meaning of paragraph
    19  (c) of subdivision one of section four hundred eighty-one of this  arti-
    20  cle.  If  the  division finds that the local agency's ordinance does not
    21  comply with this article, such division shall notify such  local  agency
    22  and  shall  provide  such local agency with a reasonable time, no longer
    23  than thirty days, to respond to the findings  before  taking  any  other
    24  action authorized under this section.
    25    (b)  The local agency shall consider the findings made by the division
    26  pursuant to this subdivision and shall do one of the following:
    27    (i) Amend the ordinance to comply with the findings of  the  division;
    28  or
    29    (ii)  Adopt  the ordinance without amendments to comply with the find-
    30  ings of the division.  The local agency shall include  findings  in  its
    31  resolution  adopting  such  ordinance that explain the reasons the local
    32  agency believes that the ordinance complies with  this  article  despite
    33  the findings of the division.
    34    3.  (a)  If,  within thirty days of the local agency's response to the
    35  division's findings, or thirty days after the expiration  of  the  local
    36  agency's  time  to  respond,  the division determines that the ordinance
    37  does not comply with this article, the division shall:
    38    (i) notify the local agency and the attorney general  that  the  local
    39  agency is in violation of state law; and
    40    (ii)  revise  the ordinance to comply with this article and direct the
    41  local agency to adopt it.
    42    (b) Where a local agency is in violation of state  law,  the  attorney
    43  general  may  bring  a  civil action to enforce the requirements of this
    44  article.
    45    4. The division may review, adopt,  amend,  or  repeal  guidelines  to
    46  implement  uniform  standards or criteria that supplement or clarify the
    47  terms, references, and standards set forth in this article.
    48    5. Within one hundred days of the effective date of this article,  the
    49  division  shall  promulgate a model local ordinance that conforms to the
    50  requirements of this article.
    51    6. The division shall issue an annual report, on or before July  first
    52  of each year, that summarizes:
    53    (a) the activities the division has taken pursuant to this section;
    54    (b) local agencies' compliance with the terms of this article; and
    55    (c) the development of accessory dwelling units in the state.

        A. 4854                             6
 
     1    §  483.  Low  and  moderate  income  homeowners program. 1. Within one
     2  hundred eighty days of the effective date of this article, the  division
     3  shall  establish  a  lending program to assist low-income homeowners and
     4  moderate-income homeowners in securing financing  for  the  creation  of
     5  accessory dwelling units.
     6    2.  An  accessory  dwelling  unit financed with the assistance of such
     7  program shall be offered for rent at a below-market rate for a period of
     8  fifteen years.
     9    3. The division  shall  promulgate  program  criteria  and  guidelines
    10  necessary to carry out such program.
    11    4.  Such  program  shall  be funded through capital projects appropri-
    12  ations and reappropriations set forth in the state fiscal  year  housing
    13  program.
    14    5.  The division shall issue an annual report, on or before July first
    15  of each year, that includes an itemized list of  each  project  financed
    16  through  the  program,  including  a  brief  description of the project,
    17  street address, and county. Such report shall also summarize  the  demo-
    18  graphic  characteristics  of participating homeowners, including income,
    19  race, ethnicity, and sex.
    20    6. Within one hundred eighty days of the effective date of this  arti-
    21  cle, the division shall establish a program to provide technical assist-
    22  ance to all homeowners seeking to create an accessory dwelling unit.
    23    §  484.  Good  cause eviction of a tenant. 1. As used in this section,
    24  the following terms shall have the following meanings:
    25    (a) "Landlord" shall mean any owner, lessor, sublessor,  assignor,  or
    26  other  person receiving or entitled to receive rent for the occupancy of
    27  any accessory dwelling unit or an agent of any of the foregoing.
    28    (b) "Tenant" shall  mean  a  tenant,  sub-tenant,  lessee,  sublessee,
    29  assignee of an accessory dwelling unit.
    30    (c)  "Rent" shall mean any consideration, including any bonus, benefit
    31  or  gratuity  demanded  or  received  for  or  in  connection  with  the
    32  possession,  use  or  occupancy  of  an  accessory  dwelling unit or the
    33  execution or transfer of a lease for such a unit.
    34    (d) "Disabled person" shall mean a person who has an impairment  which
    35  results  from  anatomical,  physiological  or  psychological conditions,
    36  other than addiction to alcohol, gambling, or any controlled  substance,
    37  which  are  demonstrable by medically acceptable clinical and laboratory
    38  diagnostic techniques, and which are expected to be permanent and  which
    39  substantially limit one or more of such person's major life activities.
    40    2. This section shall apply to all accessory dwelling units except:
    41    (a)  premises  sublet  pursuant to section two hundred twenty-six-b of
    42  this chapter, or otherwise, where the sublessor seeks in good  faith  to
    43  recover  possession of such housing accommodation for their own personal
    44  use and occupancy;
    45    (b) premises the possession, use or occupancy of which is solely inci-
    46  dent to employment and such employment is being lawfully terminated; and
    47    (c) premises otherwise subject to regulation  of  rents  or  evictions
    48  pursuant to state or federal law to the extent that such state or feder-
    49  al law requires good cause for termination or non-renewal of such tenan-
    50  cies.
    51    3.  No landlord shall, by action to evict or to recover possession, by
    52  exclusion from possession, by failure to renew any lease, or  otherwise,
    53  remove  any tenant from an accessory dwelling unit except for good cause
    54  pursuant to subdivision four of this section.
    55    4. (a) No landlord shall remove a tenant from any  accessory  dwelling
    56  unit,  or  attempt  such  removal or exclusion from possession, notwith-

        A. 4854                             7
 
     1  standing that the tenant has no written lease or that the lease or other
     2  rental agreement has expired or otherwise terminated, except upon  order
     3  of  a court of competent jurisdiction entered in an appropriate judicial
     4  action  or  proceeding  in  which the petitioner or plaintiff has estab-
     5  lished one of the  following  grounds  as  good  cause  for  removal  or
     6  eviction:
     7    (i)  The tenant has failed to pay rent due and owing, provided however
     8  that the rent due and owing, or any part thereof, did not result from  a
     9  rent  increase  which  is  unreasonable  or  imposed  for the purpose of
    10  circumventing the intent of this section.  In determining whether all or
    11  part of the rent due and owing is the result  of  an  unreasonable  rent
    12  increase,  it  shall  be  a  rebuttable  presumption that the rent for a
    13  dwelling not protected by rent regulation is unreasonable if  said  rent
    14  has been increased in any calendar year by a percentage exceeding either
    15  three  percent or one and one-half times the annual percentage change in
    16  the consumer price index for the region in which  the  housing  accommo-
    17  dation is located, as established the August preceding the calendar year
    18  in question, whichever is greater;
    19    (ii)  The  tenant  is violating a substantial obligation of his or her
    20  tenancy, other than the obligation to surrender  possession,  and  after
    21  receiving  written  notice from the landlord requiring that the substan-
    22  tial violation be cured, the tenant has failed to  cure  such  violation
    23  within  ten  days  of receipt of such notice, provided however, that the
    24  obligation of tenancy for which violation is claimed was not imposed for
    25  the purpose of circumventing the intent of this section;
    26    (iii) The tenant is committing or permitting a nuisance in such acces-
    27  sory dwelling unit, or is damaging the unit, whether maliciously, inten-
    28  tionally, recklessly, or negligently; or the tenant's conduct is such as
    29  to interfere with the comfort of the landlord or other tenants or  occu-
    30  pants of the same or adjacent buildings or structures;
    31    (iv)  Occupancy  of  accessory  dwelling  unit  by  the  tenant  is in
    32  violation of or causes a violation of law and the landlord is subject to
    33  civil or criminal penalties therefore; provided however that  an  agency
    34  of  the  state  or  municipality having jurisdiction has issued an order
    35  requiring the tenant to vacate the unit. No tenant shall be removed from
    36  possession of a unit on such ground unless the court finds that the cure
    37  of the violation of law requires the removal of the tenant and that  the
    38  landlord  did not through neglect or deliberate action or failure to act
    39  create the condition necessitating the vacate order. In instances  where
    40  the landlord does not undertake to cure conditions of the housing accom-
    41  modation  causing  such  violation of the law, the tenant shall have the
    42  right to pay or secure payment in a manner satisfactory to the court, to
    43  cure such violation provided  that  any  tenant  expenditures  shall  be
    44  applied  against  rent  to  which the landlord is entitled. In instances
    45  where removal of a tenant is absolutely essential to his or  her  health
    46  and  safety, the removal of the tenant shall be without prejudice to any
    47  leasehold interest or other right of occupancy the tenant may  have  and
    48  the  tenant  shall  be entitled to resume possession at such time as the
    49  dangerous conditions have been removed.  Nothing herein  shall  abrogate
    50  or otherwise limit the right of a tenant to bring an action for monetary
    51  damages  against  the landlord to compel compliance by the landlord with
    52  all applicable state or municipal laws or housing codes;
    53    (v) The tenant is using or permitting the accessory dwelling  unit  to
    54  be used for an illegal purpose;
    55    (vi)  The  tenant  has unreasonably refused the landlord access to the
    56  accessory dwelling unit for the purpose of making necessary  repairs  or

        A. 4854                             8
 
     1  improvements  required  by law or for the purpose of showing the housing
     2  accommodation to a prospective  purchaser,  mortgagee  or  other  person
     3  having a legitimate interest therein; or
     4    (vii)  The  landlord  seeks  in good faith to recover possession of an
     5  accessory dwelling unit because of immediate  and  compelling  necessity
     6  for  his  or  her own personal use and occupancy as his or her principal
     7  residence, or the personal use and occupancy as principal  residence  of
     8  his or her spouse, parent, child, stepchild, father-in-law or mother-in-
     9  law, when no other suitable accommodation in such dwelling is available.
    10  This paragraph shall permit recovery of only one accessory dwelling unit
    11  and  shall  not apply to an accessory dwelling unit occupied by a tenant
    12  who is sixty-two years of age or older or who is a disabled person.
    13    (b) A tenant required to surrender a housing accommodation  by  virtue
    14  of the operation of subparagraph (vii) of paragraph (a) of this subdivi-
    15  sion shall have a cause of action in any court of competent jurisdiction
    16  for  damages,  declaratory,  and injunctive relief against a landlord or
    17  purchaser of the premises who makes a fraudulent statement  regarding  a
    18  proposed use of the accessory dwelling unit. In any action or proceeding
    19  brought  pursuant  to this paragraph, a prevailing tenant shall be enti-
    20  tled to recovery of actual damages, and reasonable attorneys' fees.
    21    (c) Nothing in this section shall abrogate or limit the tenant's right
    22  pursuant to section seven hundred fifty-one of the real property actions
    23  and proceedings law to permanently stay the issuance or execution  of  a
    24  warrant  or eviction in a summary proceeding, whether characterized as a
    25  nonpayment, objectionable tenancy, or holdover proceeding, the  underly-
    26  ing  basis  of  which  is  the nonpayment of rent, so long as the tenant
    27  complies with the  procedural  requirements  of  section  seven  hundred
    28  fifty-one of the real property actions and proceedings law.
    29    5. No action shall be maintainable and no judgment of possession shall
    30  be  entered for accessory dwelling units pursuant to this section unless
    31  the landlord has complied with any and  all  applicable  laws  governing
    32  such  action  or proceeding and has complied with any and all applicable
    33  laws governing notice  to  tenants,  including  without  limitation  the
    34  manner  and  the time of service of such notice and the contents of such
    35  notice.
    36    6. Any agreement by a tenant heretofore or hereinafter entered into in
    37  a written lease or other rental agreement  waiving  or  modifying  their
    38  rights  as set forth in this section shall be void as contrary to public
    39  policy.
    40    § 485. Severability. In the event it  is  determined  by  a  court  of
    41  competent jurisdiction that any phrase, clause, part, subdivision, para-
    42  graph or section, or any of the provisions of this article, is unconsti-
    43  tutional  or  otherwise invalid or inoperative, such determination shall
    44  not affect the validity or effect of the remaining  provisions  of  this
    45  article.
    46    §  2.  Section  292  of  the  executive law is amended by adding a new
    47  subdivision 39 to read as follows:
    48    39. The term "housing accommodation" as used  in  this  article  shall
    49  include  an  accessory  dwelling  unit  as defined in subdivision one of
    50  section four hundred eighty of the real property law.
    51    § 3. Paragraph (a) of subdivision 1 of section 296  of  the  executive
    52  law, as separately amended by chapters 8 and 176 of the laws of 2019, is
    53  amended to read as follows:
    54    (a)  For  an  employer or licensing agency, because of an individual's
    55  age, race, creed, color, national  origin,  sexual  orientation,  gender
    56  identity  or  expression, military status, sex, disability, predisposing

        A. 4854                             9
 
     1  genetic characteristics, familial status, marital status, or status as a
     2  victim of domestic violence, to refuse to hire or employ or to bar or to
     3  discharge from employment such individual  or  to  discriminate  against
     4  such individual in compensation or in terms, conditions or privileges of
     5  employment.    In  the  case of an accessory dwelling unit as defined in
     6  subdivision one of section four hundred eighty of the real property law,
     7  the exemption from the provisions of this paragraph for the rental of  a
     8  housing  accommodation  in  a  building  which contains housing accommo-
     9  dations for not more than two  families  living  independently  of  each
    10  other,  if  the  owner  resides in one of such accommodations, shall not
    11  apply.
    12    § 4. This act shall take effect immediately.
Go to top