NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8766
SPONSOR: Lee TITLE OF BILL:
An act to amend the multiple dwelling law, in relation to the standards
for openable windows in residential units
PURPOSE:
This legislation provides for the development of residential units that
are newly constructed or converted from non-residential uses that comply
with ASHRAE Standard 62.1
SUMMARY OF PROVISIONS:
Section one amends the multiple dwelling law to ensure that the require-
ment for openable windows is satisfied if a unit has ventilation stand-
ards for ASHRAE Standard 62.1.
Section two sets the effective date
JUSTIFICATION:
A recent investigation conducted by Gensler and Pew found that office to
residential conversions would be much easier if the outdated open-able
windows requirement from the 1870s were changed. When housing costs are
skyrocketing in New York State, this is a common sense reform to make
unused office buildings easier to convert for residential uses. This
bill implements this much-needed reform. Similar regulations are
already in place in Chicago, San Francisco, Miami
LEGISLATIVE HISTORY:
This is a new bill
FISCAL IMPLICATIONS:
This bill will have no fiscal impact on the state
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
8766
2025-2026 Regular Sessions
IN ASSEMBLY
June 2, 2025
___________
Introduced by M. of A. LEE -- read once and referred to the Committee on
Housing
AN ACT to amend the multiple dwelling law, in relation to the standards
for openable windows in residential units
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 30 of the multiple dwelling law is amended by
2 adding a new subdivision 11 to read as follows:
3 11. (a) Notwithstanding any other provision of law, for newly devel-
4 oped residential units, including those created through the conversion
5 of non-residential buildings to residential use, the requirement for
6 openable windows shall be deemed satisfied if the unit complies with the
7 mechanical ventilation standards set forth in ASHRAE Standard 62.1,
8 "Ventilation for Acceptable Indoor Air Quality", or any successor stand-
9 ard, as amended or updated. Such standards must provide adequate indoor
10 air quality and airflow through mechanical ventilation systems in
11 accordance with the ASHRAE requirements.
12 (b) No local government or municipality shall enact or enforce any
13 law, code, or ordinance that imposes openable window requirements on
14 residential units developed in accordance with the ventilation standards
15 outlined in this subdivision.
16 § 2. This act shall take effect on the ninetieth day after it shall
17 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11799-01-5
