Legislative Update – March/April

Gov. Hochul releases Executive Budget proposal
On Wednesday, February 1, Governor Kathy Hochul presented her FY 2023-24 Executive Budget proposal totaling $227 billion, a 2.4 percent increase in spending over last year. Governor Hochul reaffirmed her commitment to building 800,000 new homes (units) over the next decade as part of her “New York Housing Compact.” In her Executive Budget, Governor Hochul included new housing development target rates for regions of the state, new incentives for affordable housing development, requirements to authorize ADUs statewide, climate action mandates, and a new registry to address lead hazards in rentals outside of NYC. A summary of these topics and more can be read at nysar.com. NYSAR will continue to analyze the Executive Budget proposal and will review the Senate and Assembly’s respective one-house budget proposals when they are released within the next month.

Gov. Hochul outlines climate proposals in her Executive Budget proposal

In her FY 2023-2024 Executive Budget proposal, Governor Kathy Hochul included language that would direct the NYS Fire Prevention and Building Code Council to:

• Prohibit the installation of fossil fuel equipment and building systems in the construction of new one-family and multi-family residential buildings no more than three stories beginning December 31, 2025, and for new multi-family buildings higher than three stories and new commercial buildings starting on December 31, 2028.
• Prohibit the installation of fossil fuel space and water heating equipment and related building systems when retrofitting existing residential and multi-family buildings no more than three stories beginning on January 1, 2030, and all multi-family and commercial buildings starting January 1, 2035.
• Exempt from the ban, fossil fuel equipment and building systems installed and used for emergency backup power in manufactured homes and certain commercial buildings.

NYSAR is continuing to analyze the governor’s budget regarding her climate action proposals. While NYSAR supports a transition to renewable energy, there remain serious concerns over the cost and fiscal impact on current and future homeowners. Estimated up-front costs to retrofit a home to be all-electric range from $12,000 – $50,000 – Learn more about these issues and sign up to receive updates by going to our website: www.NYelectrificationfacts.com.

NYSAR 2023 Legislative Advocacy Agenda
NYSAR’s Legislative Steering Committee approved its 2023 Legislative Advocacy Agenda, including support of additional measures and incentives to promote and increase homeownership, particularly for first-time homebuyers, a technical amendment to remove restrictions on the state’s telemarketing restrictions during states of emergency, and increased fair housing measures to combat discrimination in cooperative housing. NYSAR’s legislative agenda also includes opposition to proposals imposing “good cause” eviction standards in rental housing, prohibiting landlords from collecting broker fees from tenants, and a requirement that all new residential and commercial construction be all-electric beginning December 2025 along with a prohibition on the installation of fossil fuel space and water heating equipment in existing residential and multi-family buildings beginning in 2030.

Albany Council Poised to Pass Affordable Housing Legislation Over Objections from Mayor

The Albany Common Council is set to pass legislation for a second time to increase the required number of affordable housing units in developments with more than 20 units.

The city already has an existing quota that required developers of buildings with more than 50 units to dedicate 5 percent of the building as affordable units. The changes will create a staggered system that increases the percentage of affordable units as a development gets larger. Developments with 20 to 49 units will need to keep 7 percent of their units as affordable housing. The number rises to 10 percent for developments with up to 60 units, 12 percent with developments up to 75 units, and is capped at 13 percent in buildings with more than 75 units.

Mayor Kathy Sheehan and Capitalize Albany, the city’s economic development arm, had lobbied against the legislation, arguing it would motivate developers to build their projects in the surrounding area rather than the city. Sheehan vetoed the legislation that was passed 14-0 by the council. Councilman Alfredo Balarin, the legislation’s sponsor and chair of the Planning, Economic Development & Land Use Committee has indicated the Council will seek to override the Mayor’s veto.