Beephan, Brown E, Manktelow, Gray, McDonough, Byrnes, Angelino, Walsh, Gallahan, Brabenec, Simpson,
Jensen, Durso, Hawley, DeStefano, Tannousis, Lemondes, Mikulin, Norris, Maher, Smith
MLTSPNSR
Add Art 9 §4, Constn
Prohibits the governor, the legislature and state agencies from imposing residential housing zoning requirements on local governments without approval from the local government.
STATE OF NEW YORK
________________________________________________________________________
8005
2023-2024 Regular Sessions
IN ASSEMBLY
September 1, 2023
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Local Governments
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 9 of the constitution, in relation to
local control of zoning for residential housing
1 Section 1. Resolved (if the Senate concur), That article 9 of the
2 constitution be amended by adding a new section 4 to read as follows:
3 § 4. Local governments shall have the power to adopt, amend and repeal
4 zoning regulations. Notwithstanding any provision of this constitution,
5 the governor or any agency of the state and the legislature shall not
6 impose zoning requirements regarding residential housing on any local
7 government without the approval of the governing body of such local
8 government.
9 § 2. Resolved (if the Senate concur), That the foregoing amendment be
10 referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for three months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89113-01-3
