Prohibits the governor, the legislature and state agencies from imposing residential housing zoning requirements on local governments without approval from the local government.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2408
SPONSOR: Gandolfo TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 9 of the constitution, in relation to local control of zoning
for residential housing
PURPOSE:
Prohibits the governor, the legislature and state agencies from imposing
residential housing zoning requirements on local governments without
approval from the local government
SUMMARY OF PROVISIONS:
Section 1. Resolved (if the concur), That article 9 of the constitution
be amended by adding a new section 4 to read as follows:
§ 4. Local governments shall have the power to adopt, amend and repeal
zoning regulations. Notwithstanding any provision of this constitution,
the governor or any agency of the stat and the legislature shall not
impose zoning requirements regarding residential housing on any local
government without th approval of the governing body of such local
government.
§ 2. Resolved (if the concur), That the foregoing Amendment be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for
three months previous to the time of such election.
Section 2. The Effective Date.
JUSTIFICATION:
Over the past several years, there have been numerous attempts by New
York -State to strip zoning authority from local governments. Suburban
communities in particular have been the target of proposals designed to
radically increase population density against the wishes of local
governments and the constituents that they represent. This constitu-
tional amendment would ensure that local governments have the authority
to control their own zoning, protecting against State overreach.
LEGISLATIVE HISTORY:
A.8005 of 2023/24-opinion referred to judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendment be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for three
months previous to the time of such election.
STATE OF NEW YORK
________________________________________________________________________
2408
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. GANDOLFO, BEEPHAN, E. BROWN, MANKTELOW, GRAY,
McDONOUGH, ANGELINO, WALSH, GALLAHAN, BRABENEC, SIMPSON, JENSEN,
DURSO, HAWLEY, DeSTEFANO, TANNOUSIS, LEMONDES, MIKULIN, MAHER, SMITH
-- read once and referred to the Committee on Local Governments
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 9 of the constitution, in relation to
local control of zoning for residential housing
1 Section 1. Resolved (if the Senate concur), That article 9 of the
2 constitution be amended by adding a new section 4 to read as follows:
3 § 4. Local governments shall have the power to adopt, amend and repeal
4 zoning regulations. Notwithstanding any provision of this constitution,
5 the governor or any agency of the state and the legislature shall not
6 impose zoning requirements regarding residential housing on any local
7 government without the approval of the governing body of such local
8 government.
9 § 2. Resolved (if the Senate concur), That the foregoing amendment be
10 referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for three months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89056-01-5
