A00888 Summary:

BILL NO    A00888 

SAME AS    No same as

SPONSOR    McDonough (MS)

COSPNSR    Errigo

MLTSPNSR   

Add Art XVIII-B S1107, Priv Hous Fin L

Authorizes municipalities to provide for the creation of second units in
single-family and multi-family residential zones.

A00888 Actions:

BILL NO    A00888 

01/07/2009 referred to housing
01/06/2010 referred to housing

A00888 Votes:

A00888 Memo:

 BILL NUMBER:  A888

 TITLE OF BILL :  An act to amend the private housing finance law, in
relation to zoning for second residential units

 PURPOSE OR GENERAL IDEA OF BILL :

To encourage the development of second units in single-family homes
and to discourage municipalities from prohibiting against their use in
zoning ordinances.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill adds a new Article 28-B to the Private Housing Finance law
to provide that any municipality may, by ordinance, authorize the
creation of second units in single-family and multi-family residential
zones. It defines a "second unit" as an attached or detached
residential dwelling unit which provides complete independent living
facilities for one or more persons and which includes permanent
provisions for living, sleeping, eating, cooking, and sanitation on
the same parcel as the single-family dwelling is situated. In
authorizing the creation of such second units, a municipality may
designate areas within its jurisdiction where second units may be
permitted.

The designation of areas may be based on criteria which may include
the adequacy of water and sewer services and the impact of second
units on traffic flow. In addition, standards could be imposed on
second units concerning parking, height, setback, lot coverage,
architectural review, and maximum size of a unit. A municipality may
find that second units do not exceed the allowable density for the lot
and that they are a residential use that is consistent with the
existing general plan and zoning designation for the lot. The bill
also authorizes a municipality to establish a process for the issuance
of a conditional use permit for second units.

The bill further provides that when a municipality which has not
adopted an ordinance governing second units receives its first
application for a conditional use permit pursuant to the provisions of
this legislation, the municipality must accept the application and
approve it if the second unit complies with the following provisions:

1. The unit is not intended for sale and may be rented;

2. The lot is zoned for single-family or multi-family use;

3. The lot contains an existing single-family dwelling;

4. The second unit is either attached to the existing dwelling and
located within the living area of the existing dwelling or detached
from the existing dwelling and located on the same lot as the existing
dwelling;

5. Any increase in the floor areas of an attached second unit shall
not exceed fifteen percent of the existing living area;

6. The total area of floor space for a detached second unit shall not
exceed six hundred forty square feet;

7. Any construction shall conform to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located;

8. Local building code requirements which apply to detached dwellings,
as appropriate; and
9. Approval by the local health officer when a private sewage disposal
system is being used, if required.

No other local ordinance or regulation could be used as a basis for
the denial of a building permit or a use permit. A municipality,
though, may require an applicant for a second unit permit to be an
owner-occupant or that the applicant or tenant of the second unit be a
person of sixty-two (62) years of age or older.

The bill further does not limit the authority of a municipality to
adopt less restrictive requirements for the creation of second units.
It also provides that any second unit that conforms to the above
referenced requirements could not be considered to exceed the
allowable density for the lot upon which it is located and must be
deemed to be a residential use which is consistent with the existing
general plan and zoning designations for the lot.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill adds a new Article 28-B (Section 1107) to the Private
Housing Finance Law.

 JUSTIFICATION :

With all levels of government facing budgetary constraints, it becomes
imperative for government to provide more cost-effective means of
developing new housing. Part of the solution lies in using existing
housing resources which may be vastly underutilized. Authorizing or
encouraging the use of accessory apartments will increase the
availability of a large number of new housing units at very limited
public or private costs. Increasing the use of accessory apartments
will help persons of reduced means, such as the elderly and female
heads of single-parent households, to retain their homes instead of
selling them.  By helping remove the barriers for the development of
more accessory apartments or second units, it is hoped that these
untapped housing resources will grow in use.

 PRIOR LEGISLATIVE HISTORY :

2007-2008 - A2552 2005-2006 - A1760
2003-2004 - A3329
2002: A.10173

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.