AGENCY TESTIMONY
Pre-considered T 2024-2764: Local law changes for ADU regulations
0:12:09
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3 min
Kim Darga outlines the proposed local law changes in pre-considered T 2024-2764, which aims to regulate accessory dwelling units (ADUs) and ensure their safety. The bill sets out rules to govern this new housing category.
- Introduces changes to local rules, including the building code, to recognize and regulate ADUs
- Details critical health and safety requirements, such as automatic sprinkler systems and fire department access
- Includes provisions for flood mitigation, adequate light and ventilation, and minimum ceiling heights
Kim Darga
0:12:09
Today, you are considering 2 critical local law reforms to make that a reality.
0:12:15
The first, pre considered t 20242764, would make changes to local rules, including the building code to recognize the new category of accessory dwelling unit and to set out rules that got to govern them.
0:12:31
The second, t 2024 2765, stands up a program to legalize basin and cellar apartments and certain community districts, taking advantage of new state enabling legislation that was won in Albany last session, thanks to tireless efforts of advocates, including the base campaign, members of this body, and state legislative partners like 7 senator Kavanaugh and assembly member Epstein.
0:12:59
The details of the two proposals before you are product of a sustained interagency effort.
0:13:06
In 2023, the city retained consultants, BJH Advisors and BAE Urban Economics, to study the successful implementation of ADU programs in cities across North America, including San Jose, Los Angeles, Vancouver, and Boston.
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Their study found that while zoning changes are essential to enabling legal ADUs, zoning changes alone are not enough.
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Other local actions are needed.
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As a result, last summer, the city convened an interagency working group to think through additional local law reforms.
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This group included experts in the Department of Housing Preservation and Development, the Department of Buildings, the Fire Department, New York City Emergency Management, the Department of City Planning, the Department of Environmental Protection, the Mayor's Office of Climate and Environmental Justice, Department of Health and Mental Hygiene, the Mayor's Office of Housing Recover Recovery Operations.
0:14:10
Together, these agencies develop proposals to regulate this new housing type, ensure the safety of homeowners, tenants, and first responders, and make sure that ordinary homeowners can take advantage of this opportunity.
0:14:24
As I mentioned, pre considered t 20242764 would make changes to local rules, including the building code, to recognize the new category of accessory dwelling unit and set out rules to govern them.
0:14:39
The most critical changes it makes respect health and safety, including require that all basement and cellar ADUs as well as detached and 8 attached ADUs include automatic sprinkler systems.
0:14:55
Fire department access requirements, including rules ensuring adequate egress and emergency escape and rescue openings, a new identification protocol so that first responders can readily identify the location of an accessory dwelling unit when they are called to a onto a scene, limits on basement and cellar apartments in areas prone to coastal flooding, and for the first time, in areas particularly prone to inland flooding.
0:15:25
In basement and cellar apartments, new requirements for the installation of water sensors and flood alarms as well as inward opening doors.
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Rules ensuring adequate light and ventilation and minimum ceiling and window requirements, and so on.
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Together, these rules will help ensure that accessory dwelling units, whether they be basement or cellar apartments, additions onto existing homes, or backyard cottages will be safe and habitable.
