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S10507 Summary:

BILL NOS10507
 
SAME ASNo Same As
 
SPONSORBOTTCHER
 
COSPNSR
 
MLTSPNSR
 
Add §72-s, Gen Muni L
 
Limits the ability of municipalities to impose off-street parking requirements in certain areas.
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S10507 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10507
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the general municipal law, in relation to  enacting  the
          New York State Parking Modernization and Housing Affordability Act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  State Parking Modernization and Housing Affordability Act".
     3    § 2. Legislative Findings and Intent. The legislature finds that:
     4    Excessive off-street parking requirements increase the cost of housing
     5  construction and contribute to New York's housing shortage.
     6    Mandatory  parking  minimums  reduce  the  number of homes that can be
     7  built, particularly in transit-rich and walkable communities.
     8    Parking mandates undermine the State's climate goals under the Climate
     9  Leadership and Community Protection Act.
    10    Local zoning rules requiring parking  often  do  not  reflect  current
    11  transportation  patterns,  including  increased  transit  use,  walking,
    12  biking, and ride-hailing.
    13    Therefore, it is the intent of the legislature to  remove  unnecessary
    14  barriers  to housing production, reduce costs, and align land use policy
    15  with climate and mobility goals.
    16    § 3. The general municipal law is amended by adding a new section 72-s
    17  to read as follows:
    18    § 72-s. Prohibition on minimum parking requirements. 1.  For  purposes
    19  of  this  section,  "transit-accessible area" means any area within one-
    20  half mile of:
    21    (a) a subway, rail, or ferry station; or
    22    (b) a bus stop with service  intervals  of  fifteen  minutes  or  less
    23  during peak hours.
    24    2. (a) Subject to the provisions of paragraph (b) of this subdivision,
    25  no  city,  town, or village shall require a minimum number of off-street
    26  parking spaces for:
    27    (i) residential development of any  kind,  including  multifamily  and
    28  mixed-use buildings;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15846-01-6

        S. 10507                            2
 
     1    (ii) adaptive reuse or conversion of existing buildings to residential
     2  use; or
     3    (iii)  commercial or community facility uses located within designated
     4  transit-accessible areas.
     5    (b) A municipality may adopt a local law to  require  limited  parking
     6  minimums only if:
     7    (i)  the municipality conducts a parking utilization study demonstrat-
     8  ing a clear and persistent shortage;
     9    (ii) the municipality holds at least two public hearings regarding the
    10  proposed parking limitation; and
    11    (iii) the requirements are narrowly tailored and reviewed every  three
    12  years.
    13    (c)  A local law adopted pursuant to paragraph (b) of this subdivision
    14  shall not:
    15    (i) apply to affordable housing developments;
    16    (ii) apply to buildings with fewer than fifty units; and
    17    (iii) require more than one-half parking space per residential unit.
    18    3. The provisions of this section shall not  prohibit  a  municipality
    19  from:
    20    (a) imposing maximum parking limits;
    21    (b) requiring accessible parking spaces in compliance with federal and
    22  state law; or
    23    (c) regulating parking design, safety, and curb cuts.
    24    4.  The  department of transportation, in consultation with the metro-
    25  politan transportation authority and other regional  transit  providers,
    26  shall publish and update maps identifying such areas.
    27    5. This section shall supersede any inconsistent local law, ordinance,
    28  or  zoning  provision  that mandates minimum off-street parking require-
    29  ments in violation of this section.
    30    6. The New York state department of state  shall  issue  model  zoning
    31  guidance  to assist municipalities in implementing this section, includ-
    32  ing best practices for:
    33    (a) parking maximums;
    34    (b) shared parking strategies; and
    35    (c) transportation demand management programs.
    36    § 4. Severability. If any clause,  sentence,  paragraph,  subdivision,
    37  section  or part of this act shall be adjudged by any court of competent
    38  jurisdiction to be invalid, such judgment shall not affect,  impair,  or
    39  invalidate the remainder thereof, but shall be confined in its operation
    40  to the clause, sentence, paragraph, subdivision, section or part thereof
    41  directly  involved  in the controversy in which such judgment shall have
    42  been rendered. It is hereby declared to be the intent of the legislature
    43  that this act would have been enacted even if  such  invalid  provisions
    44  had not been included herein.
    45    §  5. This act shall take effect one year after it shall have become a
    46  law.
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