Permits libraries occupying or possessing public land to develop, lease, or use such property for the purposes of constructing affordable, mixed-use housing; provides that such use aligns with libraries' educational purposes, represents a valid exercise of the trustees' power, and is in the best interests of the libraries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11177
SPONSOR: Hooks TITLE OF BILL:
An act to amend the education law, in relation to establishing a right
for the board of trustees of any library chartered by the regents of the
state of New York to develop, lease, or use public library spaces for
the purposes of constructing affordable, mixed-use housing
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that libraries occupying or
possessing public land can develop, lease, or use it for the purposes of
constructing affordable, mixed-use housing. This bill also clarifies
that such activity would serve a public purpose and benefit, align with
libraries' educational purposes, represent a valid exercise of the trus-
tees' power, and be in the best interests of the libraries.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 260 of the education law by adding
subdivision 13 to read as follows,
"13. Notwithstanding any provision of state or local law, rule, or regu-
lation To the contrary, the board of trustees of any library chartered
by the regents of the state of New York, pursuant to section two hundred
sixteen of this article, may develop, lease, or use public library spac-
es for the purposes of constructing affordable, mixed-use housing. Such
activity is hereby declared to serve a public purpose and benefit;
provided that the activity maintains the libraries' abilities to perform
their chartered functions, including their educational purposes. Such
activity shall be deemed a valid exercise of the trustees' power and in
the best interests of the libraries, consistent with the trustees'
duties of care, loyalty, and obedience."
Section 2 of this bill provides the effective date.
JUSTIFICATION:
Across the state, New Yorkers are facing a shortage of affordable hous-
ing. According to the National Low Income Housing Coalition, there was a
deficit of 640,223 units for those renters at or below extremely low
income status statewide in 2024. The coalition also reported that 86%
and 77% of renter households at extremely low income and extremely low
income to 50% Area Median Income (AMI) levels, respectively, are cost
burdened, or are spending more than 30% of their income on housing costs
and utilities.
Importantly, this bill represents a mutual win for both libraries and
the housing industry. This bill aims to address the housing shortage and
affordability dilemma on a statewide level by ensuring that libraries
occupying or possessing public land can develop, lease, or use it for
the purposes of constructing affordable, mixed-use housing. This bill
also clarifies that such activity would serve a public purpose and bene-
fit, align with libraries' educational purposes, represent a valid exer-
cise of the trustees' power, and be in the best interests of the
libraries. By tapping into libraries with public spaces already in use,
this bill would modernize traditional libraries into dynamic mixed-use
developments, further strengthening the communities they were chartered
to serve.
Additionally, this bill ensures that libraries are able to reap addi-
tional funds to use towards their operating costs, address deferred
capital repairs, and produce additional housing stock. Under this bill,
the library's board of trustees would be responsible for developing a
plan and ensuring that they obtain all necessary land-use approvals from
the relevant local, county, or state entities prior to pursuing any
projects authorized by this bill, in accordance with existing ordi-
nances, regulations, and statutes.
PRIOR LEGISLATIVE HISTORY:
New Legislation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11177
IN ASSEMBLY
May 1, 2026
___________
Introduced by M. of A. HOOKS -- read once and referred to the Committee
on Libraries and Education Technology
AN ACT to amend the education law, in relation to establishing a right
for the board of trustees of any library chartered by the regents of
the state of New York to develop, lease, or use public library spaces
for the purposes of constructing affordable, mixed-use housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 260 of the education law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. Notwithstanding any provision of state or local law, rule, or
4 regulation to the contrary, the board of trustees of any library char-
5 tered by the regents of the state of New York, pursuant to section two
6 hundred sixteen of this article, may develop, lease, or use public
7 library spaces for the purposes of constructing affordable, mixed-use
8 housing. Such activity is hereby declared to serve a public purpose and
9 benefit; provided that the activity maintains the libraries' abilities
10 to perform their chartered functions, including their educational
11 purposes. Such activity shall be deemed a valid exercise of the trus-
12 tees' power and in the best interests of the libraries, consistent with
13 the trustees' duties of care, loyalty, and obedience.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15461-01-6
