Amd §20, Gen City L; amd §7-700, Vil L; amd §261, Town L
Limits the authority of cities, villages and towns to impose certain zoning regulations, ordinances, or local laws which would have the effect of reducing the number or density of allowable housing units in the area subject to the regulations, ordinances, or local laws.
STATE OF NEW YORK
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8662
IN SENATE
January 7, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 2
AN ACT to amend the general city law, the village law and the town law,
in relation to reforming exclusionary zoning ordinances
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 "REZO-NY-
2 ing (reform exclusionary zoning ordinances in New York) act".
3 § 2. Subdivision 24 of section 20 of the general city law, as amended
4 by chapter 742 of the laws of 1979, is amended to read as follows:
5 24. [To] (a) Except as provided in paragraph (b) of this subdivision,
6 to regulate and limit the height, bulk and location of buildings here-
7 after erected, to regulate and determine the area of yards, courts and
8 other open spaces, and to regulate the density of population in any
9 given area, and for said purposes to divide the city into districts.
10 Such regulations shall be uniform for each class of buildings throughout
11 any district, but the regulations in one or more districts may differ
12 from those in other districts. Such regulations shall be designed to
13 secure safety from fire, flood and other dangers and to promote the
14 public health and welfare, including, so far as conditions may permit,
15 provision for adequate light, air, convenience of access, and the accom-
16 modation of solar energy systems and equipment and access to sunlight
17 necessary therefor, and shall be made with reasonable regard to the
18 character of buildings erected in each district, the value of land and
19 the use to which it may be put, to the end that such regulations may
20 promote public health, safety and welfare and the most desirable use for
21 which the land of each district may be adapted and may tend to conserve
22 the value of buildings and enhance the value of land throughout the
23 city.
24 (b) Except as otherwise and expressly authorized by this subdivision,
25 no city shall enact, amend or otherwise modify such regulations if such
26 enactment, amendment or modification will have the effect of reducing
27 the number of allowable housing units in the area subject to the
28 enacted, amended or modified regulation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04523-01-5
S. 8662 2
1 § 3. Section 7-700 of the village law is amended to read as follows:
2 § 7-700 Grant of power. [For] 1. Except as provided in subdivision two
3 of this section, for the purpose of promoting the health, safety,
4 morals, or the general welfare of the community, the board of trustees
5 of a village is hereby empowered, by local law, to regulate and restrict
6 the height, number of stories and size of buildings and other struc-
7 tures, the percentage of lot that may be occupied, the size of yards,
8 courts and other open spaces, the density of population, and the
9 location and use of buildings, structures and land for trade, industry,
10 residence or other purposes. As a part of the comprehensive plan and
11 design, the village board is empowered by local law, to regulate and
12 restrict certain areas as national historic landmarks, special historic
13 sites, places and buildings for the purpose of conservation, protection,
14 enhancement and perpetuation of these places of natural heritage. Such
15 regulations shall provide that a board of appeals may determine and vary
16 their application in harmony with the general purpose and intent, and in
17 accordance with general or specific rules therein contained.
18 2. Except as otherwise and expressly authorized by this subdivision,
19 no village shall enact, amend or otherwise modify such local laws if
20 such enactment, amendment or modification will have the effect of reduc-
21 ing the number of allowable housing units in the area subject to the
22 enacted, amended or modified local law.
23 § 4. Section 261 of the town law, as amended by chapter 458 of the
24 laws of 1997, is amended to read as follows:
25 § 261. Grant of power; appropriations for certain expenses incurred
26 under this article. [For] 1. Except as provided in subdivision two of
27 this section, for the purpose of promoting the health, safety, morals,
28 or the general welfare of the community, the town board is hereby
29 empowered by local law or ordinance to regulate and restrict the height,
30 number of stories and size of buildings and other structures, the
31 percentage of lot that may be occupied, the size of yards, courts, and
32 other open spaces, the density of population, and the location and use
33 of buildings, structures and land for trade, industry, residence or
34 other purposes; provided that such regulations shall apply to and affect
35 only such part of a town as is outside the limits of any incorporated
36 village or city; provided further, that all charges and expenses
37 incurred under this article for zoning and planning shall be a charge
38 upon the taxable property of that part of the town outside of any incor-
39 porated village or city. The town board is hereby authorized and
40 empowered to make such appropriation as it may see fit for such charges
41 and expenses, provided however, that such appropriation shall be the
42 estimated charges and expenses less fees, if any, collected, and
43 provided, that the amount so appropriated shall be assessed, levied and
44 collected from the property outside of any incorporated village or city.
45 Such regulations may provide that a board of appeals may determine and
46 vary their application in harmony with their general purpose and intent,
47 and in accordance with general or specific rules therein contained.
48 2. Except as otherwise and expressly authorized by this subdivision,
49 no town shall enact, amend or otherwise modify such local laws or ordi-
50 nances if such enactment, amendment or modification will have the effect
51 of reducing the density of allowable housing units in the area subject
52 to the enacted, amended or modified local law or ordinance.
53 § 5. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law; provided, however, that any city, town or
55 village that has a local law, regulation or other policy that does not
56 comply with the provisions of this act shall, prior to the effective
S. 8662 3
1 date of this act, take any action necessary to ensure compliance with
2 this act upon the effective date of this act.
