STATE OF NEW YORK
________________________________________________________________________
9423
IN SENATE
March 11, 2026
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the real property law, in relation to providing for the
adaptive reuse of certain parcels which are zoned for commercial,
office, retail, or parking
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 "Redevelop-
2 ing Empty and Vacant Infrastructure for Vibrant Economies Act" or the
3 "REVIVE Act".
4 § 2. The Legislature finds and declares: For decades, shopping plazas,
5 retail centers, and office parks played a vital role in New York's
6 economic and social fabric. Today, however, many of these properties are
7 in decline due to changing economic conditions, evolving consumer pref-
8 erences, and the rise of alternative retail and business models. Many
9 such centers and their parking lots have become underutilized or
10 outright0 vacant, such that academics and planners have deemed them to
11 be "stranded assets."
12 At the same time, New York is confronting a severe housing crisis that
13 demands an aggressive, coordinated response. Addressing this crisis
14 requires innovative approaches that unlock the potential of stranded
15 assets for housing and community development, while thoughtfully balanc-
16 ing statewide housing goals with the needs and preferences of locali-
17 ties. A 2024 report by New York State Comptroller Thomas DiNapoli
18 concludes that, "The State must take action to stimulate community-ap-
19 propriate development actions and enhance the supply and diversity of
20 the housing stock." An efficient way for the State to increase the hous-
21 ing supply is to open up and streamline the processes for turning vacant
22 retail and parking lots into new homes.
23 Converting obsolete retail centers and parking lots into vibrant
24 mixed-use communities would promote the general welfare by revitalizing
25 underused properties, creating new opportunities for housing, busi-
26 nesses, and recreation, and strengthening the economic and social vital-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14933-04-6
S. 9423 2
1 ity of New York's municipalities. One significant impediment to these
2 conversions is the continued application of outdated and rigid municipal
3 zoning regulations that unnecessarily separate residential and commer-
4 cial uses. To promote the development of dynamic, mixed-use communities
5 that serve both local and statewide interests, it is appropriate for the
6 Legislature to establish standards that remove barriers to the redevel-
7 opment of stranded assets, while balancing the desires of munici-
8 palities, to unlock numerous housing opportunities for everyday New
9 Yorkers.
10 § 3. The real property law is amended by adding a new article 17 to
11 read as follows:
12 ARTICLE 17
13 REVIVE OR REDEVELOPING EMPTY AND VACANT INFRASTRUCTURE FOR VIBRANT
14 ECONOMIES ACT
15 Section 530. Definitions.
16 531. Eligible projects.
17 532. Density, height, parking, and other requirements.
18 § 530. Definitions. For the purposes of this article, the following
19 terms shall have the following meanings:
20 1. "Adaptive reuse" means the repurposing of existing buildings,
21 structures, or lots in whole or in part for residential purposes.
22 2. "Serviced lot" refers to a legal parcel of land connected to both
23 municipal water and sewer systems or has access to equivalent water and
24 sewer infrastructure to ensure adequate service availability.
25 3. "Ministerial review" means a non-discretionary approval process
26 based on objective planning standards, without public hearings or
27 subjective local review.
28 4. "Commercial zone" refers to areas designated under the local zoning
29 code primarily for commercial, office, retail, or parking uses. The term
30 "commercial zone" shall not include zones primarily designated for
31 industrial purposes, except where residential uses are expressly permit-
32 ted under the applicable municipal zoning regulations.
33 5. "Parking uses" refers exclusively to sites zoned solely for parking
34 purposes, with no allowance for other types of development or uses.
35 6. "Eligible project" means a residential or mixed-use development
36 that meets the criteria outlined in section five hundred thirty-one of
37 this article.
38 7. "Vacancy rate" means the percentage of unoccupied or unused square
39 footage in a building, structure, facility compared to the total square
40 footage of the building, structure or facility.
41 8. "Eligible project site" means any parcel of land or group of one or
42 more contiguous parcels of land upon which an eligible project is being
43 developed.
44 § 531. Eligible projects. Notwithstanding any provision of law, local
45 law, ordinance, resolution or regulation to the contrary, residential
46 and mixed-use developments shall be deemed eligible projects for the
47 purposes of this article and permitted by right on legal parcels that
48 meet all of the following criteria:
49 1. are a minimum of fifteen thousand square feet.
50 2. are located in commercial zones or are parcels designated for
51 commercial, office, retail, or parking uses.
52 3. have a vacancy rate of at least fifty percent for a continuous
53 period of at least one year immediately preceding the application for
54 development.
55 4. are serviced lots.
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1 5. are not included in any active payment in lieu of taxes agreement,
2 if located entirely outside of a city with a population of one million
3 or more, unless such agreement including the legal parcels to be devel-
4 oped is modified to explicitly not include such parcels.
5 § 532. Density, height, parking, and other requirements. 1. (a) For
6 any eligible project site that lies within an urban area as defined by
7 the United States census bureau, municipalities shall not limit the
8 density of such site to less than twenty dwelling units per acre.
9 (b) For any eligible project site that lies outside an urban area as
10 defined by the United States census bureau, municipalities shall not
11 limit the density of such site to less than fifteen dwelling units per
12 acre.
13 (c) For any eligible project site, the maximum density of a proposed
14 development shall be either: (i) the greatest density allowed on or
15 after January first, two thousand twenty-six for a residential or mixed-
16 use development located within the municipality's jurisdiction within
17 one mile of the proposed development; or (ii) the minimum density
18 required under this subdivision, whichever is greater.
19 2. (a) Any eligible project site located within a city with one
20 million or more inhabitants shall be allowed up to a height of ten feet
21 above the maximum height otherwise applicable to such site on or after
22 January first, two thousand twenty-six; provided, however, that if such
23 site is located within eight hundred feet of a zoning district that
24 permits a height or density for residential use greater than what is
25 otherwise provided for in this paragraph, then the city shall allow the
26 eligible project site up to the maximum height permitted in such zoning
27 district.
28 (b) Any eligible project site located within a village, town, or city
29 with fewer than one million inhabitants shall be allowed up to a height
30 equivalent to the maximum height otherwise applicable to such site
31 anywhere within the municipality on or after January first, two thousand
32 twenty-six.
33 3. No municipality or county shall adopt or enforce an ordinance,
34 order, zoning restriction, or other regulation that provides or requires
35 more than one parking space per dwelling unit for eligible projects.
36 4. For an eligible project site that lies within an urban area as
37 defined by the United States census bureau:
38 (a) (i) The municipality shall review and approve eligible project
39 applications:
40 (A) within sixty days for such projects with fewer than one hundred
41 fifty units.
42 (B) within ninety days for such projects with one hundred fifty or
43 more units.
44 (ii) If the municipality fails to meet the deadlines established under
45 this paragraph, the eligible project shall be automatically deemed
46 approved.
47 (b) The municipality shall provide public access to a standardized
48 process for ministerial review, including but not limited to clearly
49 defined timelines and submission requirements.
50 (c) If a municipality rejects an application relating to an eligible
51 project, such municipality shall provide a letter identifying the
52 specific eligibility standards and/or zoning requirements that the
53 proposal is not compliant with.
54 (d) A municipality may conduct non-binding design review hearings for
55 eligible projects; provided that such hearings shall not extend the
56 review timelines specified in this subdivision.
S. 9423 4
1 § 4. Severability. If any clause, sentence, paragraph, subdivision,
2 section or part of this act shall be adjudged by any court of competent
3 jurisdiction to be invalid, such judgment shall not affect, impair, or
4 invalidate the remainder thereof, but shall be confined in its operation
5 to the clause, sentence, paragraph, subdivision, section or part thereof
6 directly involved in the controversy in which such judgment shall have
7 been rendered. It is hereby declared to be the intent of the legislature
8 that this act would have been enacted even if such invalid provisions
9 had not been included herein.
10 § 5. This act shall take effect immediately.
