Rockland Officials Angry Over Albany's Accessory Apartment Bills

New City NY

13 October, 2021

4:16 PM

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ROCKLAND COUNTY, NY — Furious Rockland County officials are warning of unintended consequences of bills now under consideration in Albany that would make accessory apartments legal across the state, overriding local laws. The bills are about accessory dwelling units — which are mostly illegal in New York State. But more than a dozen New Yorkers were killed by the floodwaters from the remnants of Ida, and many of those deaths were in basement apartments. Between that tragedy and the soaring-out-of-reach cost of housing in downstate New York, new scrutiny is aimed at accessory apartments. The bills are meant to work with local governments to create more accessory dwelling units.They define an ADU as an apartment, located on a lot with a primary residence, that includes permanent provisions for sleeping, eating, cooking, and sanitation. The bill directs localities to adopt local ordinances that allow at least one ADU on lots zoned for residential use and lots where a residential use exists, and allow homeowners to build ADUs as-of- right. The bill's sponsors say it would give local governments the power to set reasonable standards for size and fees. But in Rockland, where the struggle against illegal accessory apartments has gone on for years, officials say the bill's problems greatly outweigh any good it might do. SEE: New Report Shows NY Code Enforcement 'Hellscape' In The HVOwner Cited After Fire Rips Through Illegal ApartmentsFines After Fire For Spring Valley Owners of Potential 'Death Trap'Clarkstown Board Continues Accessory Apartments HearingRockland Firefighters, Officials Call for State to InterveneRockland County Reports Progress Taking on Slumlords The bills don't recognize the differences between urban, suburban and rural communities, said Rockland's acting Planning Commissioner Douglas Shuetz. "At a minimum, housing units could nearly double if an ADU was created on every single-family lot. Clearly, infrastructure capacity would be affected," he said in written comments to the Assembly. "The bill does not adequately account for the potentially massive effects on public infrastructure (i.e: sewer, water, roads) and services (i.e: schools)." "Our Planning Department detailed myriad problems with this legislation including undermining New York State Home Rule regulations and municipal zoning ordinances and creating public safety issues that would endanger our volunteer firefighters," said County Executive Ed Day. SEE ALSO: Rockland County Gov. RELEASE: Grave Concerns With NYS Accessory Dwelling Unit Legislation