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accessory apartments

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Over the course of the last month, local elected officials were speaking out against Gov. Kathy Hochul’s (D) plan to allow, potentially, accessory apartments to every home throughout the state. 

Members of Congress across Long Island bashed the idea, state senators and assembly members did, too. It even got to the hyper local level when Brookhaven and Huntington towns both held press conferences asking Hochul to reconsider the plan, saying that it would not fit into the landscape of Long Island. The Town of Smithtown strongly objected, too.

It was bipartisan. Members from both parties said that it would impact the way we live here, parking would be terrible, property values could decrease and the already concerning sewage issues we have on Long Island would worsen. It simply wouldn’t work. 

And just this week, it looks like all that kicking and screaming had an impact. Hochul decided to pull the plan from the state budget. 

So, what does this mean? 

The events that led up to her decision were important. All of those press conferences hosted by our elected officials were worth the time and effort. The stories that the media reported on got other people talking, thinking and writing. 

This shows how important it is to reach out to our local representatives. Tell them what you want and ask them to help make a change. That’s their job. 

Reach out to us, your local media and write letters to the editor. Voice your concerns and demand action. 

Some things cannot be changed or might take longer than desired. But there are other opportunities that can be fixed before they take flight. 

If it wasn’t for our local elected officials looking over the state budget and noticing the line about the apartments, some of us might not have known about the issue until it was too far along to be stopped. 

That’s when people begin to complain, but sometimes not much can be done. 

Stay vigilant and be proactive instead of reactive. Use what resources are available to us now to make continuous changes that will benefit us and our families.

We’re all in this together and the more we communicate, the better. But we should remember to say “thank you” to those who made it possible when you finally get your way. 

Gov. Kathy Hochul. File photo by Julianne Mosher

After bipartisan backlash from Long Island officials, Gov. Kathy Hochul (D) has dropped her budget proposal that would require local governments to expand legalizing accessory apartments.

“I have heard real concerns about the proposed approach on accessory dwelling units,” Hochul said in a statement. “I understand that my colleagues in the state senate believe a different set of tools is needed, even if they agree with the goal of supporting the growth of this kind of housing.”

The plan stated that, to increase affordable housing across the state, dwellings would be allowed to convert garages, basements and backyard units as apartments. Both Democrat and Republican lawmakers from the town, county, state and federal levels all said this could hurt Long Island, and essentially eliminate single-family zoning.

“I am submitting a 30-day amendment to my budget legislation that removes requirements on localities in order to facilitate a conversation about how we build consensus around solutions,” she added.

The plan was introduced in January during the State of the State. Congressman Tom Suozzi (D-NY3) was one of the first to call the governor out on it, which then resulted in Brookhaven, Smithtown and Huntington towns to voice their concerns.

“One small victory, but many battles ahead,” Suozzi told TBR News Media in a statement. “We successfully stopped Governor Hochul’s radical proposal from being passed in the budget, but we’re not done yet. Now we must stop her and the state legislature from passing this misguided legislation during the Albany legislative session.”

Throughout the last month, these lawmakers argued that the plan could have potential impacts on Long Island’s quality of life, the environment and local school districts.

““I’m pleased that Governor Hochul pulled the Accessory Dwelling Unit legislation from the budget, but that isn’t enough,” said Suffolk County Legislator Kevin McCaffrey (R-Lindenhurst). “At this time, there are still discussions of tweaks to the law. Local officials on Long Island are adamantly opposed to any modifications that remove our ‘home rule.’ We know what is best for our community and we don’t need New York City and New York State dictating to us what our communities should look like. As we’ve seen with the pulling of the bill, combining our voices and speaking out ensure that we can be heard. I urge all residents to contact their State representatives and the governor’s office, to voice their opposition to any modification of ADUs here on Long Island.”

Several Suffolk County lawmakers spoke up against the ADU legislation Feb. 11 with the help of several state assembly members and senators.

“The removal of this proposal from the budget is great news for all of our communities and I am proud to have stood with my colleagues in town, county, state and federal officials from both sides of the aisle to fight to protect local control,” said state Senator Mario Mattera (R-St. James). “This shows that joining together and standing united can lead to positive change for our residents.”

Brookhaven Town Supervisor Ed Romaine (R) held a press conference Feb. 3, as one of the first townships to take a stance on the issue.

“The call to remove this misguided proposal was finally heard by the governor and we will continue to maintain local zoning control,” he said in a recent statement. “Our right to home rule on issues like housing is what protects our communities from turning into the crowded neighborhoods that we see in cities, which is not what the residents of Brookhaven Town want.”

Hochul still has plans to combat the affordable housing crisis, and the emphasis on increasing accessory apartments and improving their safety will be targeted in New York City rather than the suburbs.

“Albany extremists will resurrect this terrible idea the moment bipartisan opposition gets distracted,” said Huntington Town Supervisor Ed Smyth (R). “Stay vigilant!”

Congressman Tom Suozzi joined other elected officials on all levels during a press conference, Feb. 11. Photo by Julianne Mosher

A week after the Town of Brookhaven and local state representatives bashed Gov. Kathy Hochul’s (D) plan to potentially eliminate certain single-family zoning laws across New York state, other Long Island townships and Suffolk County officially voiced their concerns.

During a press conference at the county Legislature in Hauppauge Thursday, Feb. 10, more than two dozen elected officials at town, county, state and federal levels collectively agreed that Hochul’s plan would be bad for the Island.

Presiding Officer Kevin McCaffrey (R-Lindenhurst) said that of all the officials gathered, it was a unanimous, bipartisan agreement that this should not happen.

“We are all concerned about the future of Long Island and the quality of life here and the need for local government to have control over their zoning with local elected officials,” he said. 

“This is a radical plan by the governor to take away local zoning from where it belongs in the hands of the local officials who were elected to make sure that the zoning codes stay in place for the quality of life that each one of the municipalities that they choose to live in.”

He added that if Hochul’s plan in fact happens, it will eventually have an impact on parking, water quality, sewerage and more. 

The governor’s comprehensive five-year housing plan would potentially invest $25 billion to create and preserve 100,000 affordable homes and tackle inequities in the housing market. Last month, she announced the plan to make housing more affordable as part of the 2022 State of the State.

“In the wake of the pandemic, it’s crucial that we tackle the housing crisis and make New York a more affordable place for all,” Hochul previously said. “These bold steps are a major step forward in transforming our housing market, protecting affordability and increasing the housing supply.”

Congressman Tom Suozzi (D-NY3) noticed the plan in the State of the State book and began bringing it to the public’s attention. Suozzi is campaigning to take Hochul’s seat. He cited her State of the State book on pages 130 and 131 regarding accessory dwelling units. According to those documents, he said the governor would want to oppose legislation to require municipalities to allow a minimum of one accessory dwelling unit on owner occupied residentially zoned blocks.

“That’s the end of local control,” he said. “That’s the end of local governments authority.”

Suozzi believes this could be “a dangerous idea” that could “result in commercial landlords buying properties and trying to pack people into neighborhoods.”

“This is just a failure to understand what it’s like out here,” he added.

Currently, many building permit applications that increase the number of bedrooms in a dwelling require the approval of the Suffolk County Department of Health Services. 

According to county representatives, at no point in the proposed legislation does it address the fact that the health department determines the appropriate number of persons residing at a home that is utilizing cesspools. Over 75% of Suffolk County is unsewered — a mass expansion of accessory dwelling units will result in a deterioration in the water quality here on Long Island.

State Sen. Mario Mattera (R-St. James) said that state lawmakers are continuously “going against everything we live for and our investments.”

“I wake up in the morning and I feel like I’m in the twilight zone,” he said.

Mattera added that many municipalities have been focusing on downtown revitalization plans, which already create apartments.

“We’ve been doing these apartments for a reason to make sure our families have places to go so we keep our young or middle aged or seniors here,” he said. “We are doing that job governor, but governor, this is not the City of New York. We’re in the suburbs. This is so important for our future.”

Huntington

Huntington Town Supervisor Ed Smyth. Photo by Julianne Mosher

Representatives from the Town of Huntington were in attendance, with Supervisor Ed Smyth (R) voicing that the town already has permissive accessory apartments laws.

“We already allow for accessory apartments in homes in the town,” he said. “We don’t need Albany telling us how to do this.”

He added, “With home rule, we have ensured that our communities do not become overdeveloped, are kept environmentally sound, and are a place people want to live and raise a family. This proposal by the governor would end all of that overnight. Proof of how bad an idea this is … is the fact that both sides of the political aisle have come together to state their opposition.”

Smyth said they will not stop until the item is removed from the New York State budget and “laid to rest.”

Supervisor Ed Romaine speaks during the Feb. 3 press conference at Town Hall. Photo by Julianne Mosher

Elected officials from local, state and the federal government recently voiced their anger and concern over Gov. Kathy Hochul’s (D) plans to eliminate certain single-family zoning laws across New York state. 

The comprehensive five-year housing plan would potentially invest $25 billion to create and preserve 100,000 affordable homes and tackle inequities in the housing market.

Last month, the governor announced the plan to make housing more affordable as part of the 2022 State of the State.

“In the wake of the pandemic, it’s crucial that we tackle the housing crisis and make New York a more affordable place for all,” Hochul said. “These bold steps are a major step forward in transforming our housing market, protecting affordability and increasing the housing supply.”

But on Feb. 3, local representatives in the Town of Brookhaven held a press conference blasting a major component of the proposal — changing zoning laws to allow more accessory apartments on premises, effectively eliminating single-family zoning.

Officials argued that under this plan, “the state would take zoning control away from local governments, eliminating local residents’ ability to voice objections to these apartments in their neighborhoods.”

They added that the bill would prohibit imposing parking requirements for these new apartments, which they said would result in cars clogging residential streets.

“Under Governor Hochul’s plan, every town, village and county overnight would lose the important zoning protections that keep them from looking like the crowded neighborhoods of the Bronx, Queens and Brooklyn,” said town Supervisor Ed Romaine (R). “That’s not what the residents of Brookhaven Town want. This wrongheaded plan will not solve our affordable housing plan, but it will devalue the homes and quality of life in our neighborhoods.”

According to Hochul, legislation will be proposed to require municipalities to allow a minimum of one accessory dwelling unit, known as an ADU, on owner-occupied residentially zoned lots. This legislation will allow for municipalities to set size requirements and safety standards for these dwellings. 

Currently the town allows accessory apartments on premises with specific regulations, including the owner of the lot upon which the accessory apartment is located must reside within the dwelling that contains the accessory apartment, and only one accessory apartment is permitted on the premises. 

According to the town, the minimum habitable area for an accessory apartment shall be 300 square feet and a maximum of 650 square feet, and in no case should it exceed 40% of the habitable area of the dwelling building in which it is located. The law states that in no event may there be more than one bedroom per accessory apartment.

Brookhaven officials — in bipartisan agreement — said that the plan and change to the law would force apartments into every home, utilizing basements, garages, rear yard sheds and buildings.

Councilwoman Jane Bonner (R-Rocky Point) said that this proposal can have a significant impact on all of Long Island — not just the town.

Councilwoman Jane Bonner discusses how Hochul’s plan could impact her district of Rocky Point. Photo by Julianne Mosher

“Yes, we do need affordable housing choices, but we don’t need a broad stroke across the state to change the very character of the communities that we live in,” she said. “We need to maintain local control, and this takes away that control. If the governor really wants to help Long Islanders, she should do something about the ridiculously high property taxes.”

Bruce Sander, president of Stony Brook Concerned Homeowners, said that he and his neighbors bought their homes in single-family neighborhoods “so we could raise our children and grow out in our family community.”

“The ability for unscrupulous landlords to not be accountable to the local officials is just plain outrageous and dangerous,” he added. “We have seen basement apartments with illegal occupants catch fire and create unsafe environments throughout the community. If we lose control, we lose our communities. What is being proposed could lead to the destruction of the suburbs.”

Councilmember Jonathan Kornreich (D-Stony Brook) said that while he “appreciates” that the governor is trying to address the question of affordability, taking away the power of local zoning can lead to “chaotic development that may in the end undermine the very fabric of our communities and property values we’re trying to protect.”

“Zoning helps maintain the character of neighborhoods,” he added. “Zoning also provides tools to address these questions of affordability, however, and I don’t want that power to be taken away.”

In attendance with the Town Board was state Sen. Anthony Palumbo (R-New Suffolk) who said this change in legislation could result in “greater density for communities and place tremendous strains on every conceivable local service from the water we drink, to traffic and emergency services.”

“This one size fits all approach is not the answer to Long Island nor the state’s affordable housing crisis,” he added. 

While not in attendance during Thursday’s press event, local U.S. Reps. Lee Zeldin (R-NY1) and Tom Suozzi (D-NY3) both opposed Hochul’s plan.

“This blatant attack on suburban communities will end single-family housing as we know it, strip local control away from the New Yorkers who live there, tank the value of their homes, overcrowd their previously quiet streets, and on top of it all not do anything to solve our affordable housing problem,” said Zeldin, who is running on the Republican ticket for the governor’s seat. 

Suozzi, who is also campaigning for governor, said, “Governor Hochul’s radical housing proposal would ‘require’ all municipalities to allow accessory dwelling units on all residential properties and would end single-family housing as we know it.”

Hochul outlined more of her plan during her State of the State address last month, with another reason being to help municipalities rezone to foster multifamily housing near commuter rail stations in the New York City suburbs, including Long Island.