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Bill

Bill

S 10217

Enacts the "accessory dwelling unit incentive act"

2025 Regular Session Introduced by Michelle Hinchey

The bill creates incentives and streamlined processes to encourage the creation of accessory dwelling units on existing properties to increase housing supply and affordability.

REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
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Bill Summary · S 10217

Summary of Bill S 10217 (New York, 2025-2026) – Enacts the "Accessory Dwelling Unit Incentive Act"

Purpose and intent

  • Establishes the Accessory Dwelling Unit (ADU) Incentive Act to promote the creation of accessory dwelling units within existing single-family and multi-family residential properties.
  • Aims to expand housing supply, increase housing options, and support affordability by encouraging property owners to create ADUs through targeted incentives and streamlined processes.
  • Bill sponsor: Co-sponsor Michelle Hinchey. Status as of the latest action: Referenced to the Housing, Construction and Community Development committee on May 6, 2026.

Key provisions and changes

  • Definition and scope of ADUs: The act defines what constitutes an accessory dwelling unit (ADU) for eligibility under the program, including typical configurations such as a detached tiny house, a converted garage, a basement or attic apartment, or a separate unit within the same lot that is legally accessory to the primary residence.

  • Incentive structure:

    • The bill creates a package of incentives to encourage ADU creation. These may include financial subsidies, density bonuses, expedited permitting, fee waivers or reductions, and technical assistance.
    • Specific incentive amounts or eligibility thresholds are not provided in the information available here; the act would establish the precise parameters in implementing regulations or through enacted provisions.
  • Permitting and regulatory streamlining:

    • The act seeks to streamline local permitting for ADUs, potentially by establishing a standardized review timeline, pre-approved design standards, or reduced zoning barriers (e.g., setback, lot coverage, and parking requirements tailored for ADUs).
    • It may provide a fast-track or one-stop process to minimize procedural delays in ADU approvals.
  • Zoning and land use adjustments:

    • The act could set statewide or provide model provisions to support ADUs within various zoning districts, possibly allowing ADUs in single-family zones and/or multifamily zones under uniform criteria.
    • It may address parking requirements, minimum unit sizes, occupancy limits, and owner-occupancy rules as part of ADU integration.
  • Owner-occupancy and long-term use:

    • The bill may include requirements or options related to ongoing owner-occupancy, rental term requirements, or occupancy standards to ensure ADUs are used for housing supply rather than speculative development.
  • Affordability and tenant protections:

    • Provisions may be included to ensure ADUs contribute to affordability goals, such as rent reasonableness standards, income-based affordability covenants, or inclusion in local housing programs.
    • Tenant protections and safety standards (habitable space, building code compliance, and habitability requirements) would apply.
  • Funding and administration:

    • Establishes an administration framework (likely within a state housing agency or department) to administer incentives, oversee compliance, and distribute grants or subsidies.
    • May authorize appropriations or create a fund dedicated to ADU incentives.

Who is affected

  • Homeowners and property owners:

    • Eligible for incentives to create ADUs on their property, with possible requirements related to owner occupancy and long-term rental use.
  • Renters and housing market:

    • Expanded ADU supply could increase rental options and affect local rental markets, potentially influencing rent levels in some areas.
  • Local governments and planning departments:

    • Local jurisdictions would implement the streamlined permitting, zoning adjustments, and any prescribed standards. They may need to adopt compatible local rules or codes.
  • Developers and contractors:

    • May participate in ADU projects under streamlined processes and incentive programs.

Procedural and timeline aspects

  • Committee referral: The bill was referred to the Housing, Construction and Community Development committee on May 6, 2026.
  • Implementation timeline: Specific dates for when incentives and regulatory changes take effect are not provided in the available summary. Typically, such Acts include a phased implementation schedule, with regulatory rules developed and programs launched within months after enactment and ongoing funding allocations subject to appropriation.

Potential impacts and considerations

  • Could increase housing stock by enabling more ADUs on existing lots.
  • May require local governments to adjust zoning codes and permitting processes.
  • The balance between encouraging ADUs and maintaining neighborhood character will depend on state standards and local adoption.
  • Affordability outcomes will hinge on how incentives are structured and whether rent protections or affordability covenants are included.

If you’d like, I can tailor this summary to emphasize a particular stakeholder group (e.g., homeowners, renters, local governments) or compare it to existing NY ADU-related initiatives.

Compiled from official sources — confirm details with the bill’s official record.

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