Thank you for the opportunity to submit testimony. My name is Melissa Kaplan-Macey, and I am the Vice President for State Programs and Connecticut Director at Regional Plan Association, and a resident of Westchester County. RPA is a non-profit civic organization that conducts research, planning and advocacy to improve economic opportunity, mobility, environmental sustainability and the quality of life for those who live and work in the New York metropolitan region.

Prior to the pandemic, housing insecurity was already evident across the entire region. In New York State alone, and prior to the pandemic, more than 1,000,000 owner-occupied households (28% of all owners) were paying more than a third of their monthly income towards mortgages and/or maintenance costs. New York State renters were in worse condition. Approximately 1,600,000 renter households (52% of all renters) met the same definition of being housing cost-burdened. The pandemic has obviously only exacerbated these trends.

To address housing insecurity and affordability over the long term we need many tools. Statewide land use reforms is a critical one. Proper land use policy is a balance, a balance between the State addressing the overall needs of its citizens, municipalities implementing zoning and regulations that address these needs in a local context, and the right of individual property owners to use and improve their properties in the way they see fit.

We specifically want to focus on one of these reforms, legalizing and encouraging new accessory dwelling units. Legalizing ADUs would enable naturally occurring affordable homes throughout the State, all without needing major new construction or infrastructure. ADU’s have huge benefits for individual homeowners, allowing them more flexibility with their home and a potential extra income to assist with property taxes and expenses. They are an especially important tool for seniors, including the over 46,000 seniors living alone in Westchester. In many Westchester communities options to downsize in the towns where people have spent their lives are few. Single family homes are abundant, but smaller homes are not. ADUs allow seniors to age in place, giving people an opportunity to downsize on their own properties and opening up the potential for multigenerational housing; and ADUs can provide an opportunity for seniors to stay in their homes longer by providing living space for caretakers. ADUs also provide much needed new housing options for people who currently can’t afford to live near jobs or family.

We also applaud the $85 million in assistance for low and moderate-income households to create ADUs. We would also ask that specific funds also be dedicated to technical assistance to help municipalities write these new regulations and zoning text.

There are several safeguards in the bill. ADUs would not be allowed to be used as Air BnBs. Local Health, Safety and Sanitation rules are specifically protected. And municipalities may restrict ADU building to lots with a primary owner-occupant in the main house, in order to discourage speculation.

We are requesting two improvements to the bill. First, in order to make building more ADUs practical as well as simply technically allowed, ADUs outside New York City need to also be allowed waivers from Multiple Dwelling Law rules - as single and two-family homes already are - in order to not burden their creation with regulations meant for large multifamily buildings. And second, tenants in ADUs should be protected by New York State’s Fair Housing and Anti-Discrimination laws, the same as tenants living in other housing types.

ADUs are not the only housing proposal in the Governor’s budget, and single-family areas are not the only places where more affordable housing is sought to be encouraged. Every type of neighborhood is seeing proposed land-use reforms designed to help add affordable housing, including building more housing in smaller downtowns through Transit-Oriented Development, and repealing the 12 FAR limit on residential development in Manhattan. RPA supports all of these proposals. Adding much needed housing in the region’s core, its smaller downtowns, and its single-family suburbs are all needed. These proposals together make clear that it isn’t just one area or neighborhood type that needs to help with our housing crisis, every place needs to play a part. It should be noted, however, that these proposals do represent a significant new responsibility for state agencies, in terms of monitoring, enforcement and technical assistance. Funding and personnel appropriate for these new responsibilities need to accompany this legislation.

Finally, beyond these housing production proposals, there is much else to applaud in the housing package. Specifically, the proposed Five Year Housing Plan and its focus on supportive housing and electrification; improved fair housing protections including more dedicated funding for testing; more legal assistance for tenants facing eviction beyond New York City; and the proposed pilot program for community-controlled homeownership.

This new focus on housing affordability from the State Legislature is something RPA, and many others, have long awaited. We greatly support this new focus, and look forward to working together to help all residents have more housing choice and less insecurity.

Thank you for the opportunity to testify,