Lawler: Hochul's Radical ADU Proposal Is an Attempt to Usurp Home Rule and Local Control of Zoning

Ramming through ADU measures in the budget is a ridiculous governmental overreach and constitutionally questionable.

Albany — Assemblyman Mike Lawler (R,C,I,SAM-Pearl River) released the following statement after holding a press conference with Assemblyman Gandolfo, Assemblyman Fitzpatrick, and other Minority state legislators where they jointly condemned Governor Hochul's radical ADU proposal in her executive budget. Assemblyman Lawler's remarks can be viewed by clicking this link.

“It cannot be stated enough that this proposal by Governor Kathy Hochul, and its accompanying bill in the State Legislature, Assembly Bill A.4854A and Senate Bill S.7574, will strip away the right of local municipalities to control residential zoning and force a one-size-fits-all approach to housing, controlled by unelected bureaucrats in Albany, who will mandate that every home be permitted to have at least one accessory dwelling unit – effectively eliminating single-family zoning and creating multi-family housing all across the state, almost overnight.

“Home rule is enshrined in our NYS Constitution and gives each local municipality the right to determine their own zoning laws and what is best for their communities. In the same way that so many of my Majority colleagues from New York City don't want New York State imposing regulations and overturning local jurisdiction in New York City, many of my Majority and Minority colleagues feel the same way about state overreach, especially when it comes to home rule.

“Simply put, this legislation would create a situation where our already-overburdened roads, bridges, sewer and gas lines, water mains, and train tracks will be put in danger of collapse. Not only would it overburden our infrastructure, but it would also put an onerous strain on our cops, firefighters, EMS and EMT volunteers, as the legislation does not have the proper safety measures, such as the requirement of multiple exterior access doors, safe ceiling heights in basement units, or rear setbacks between units. This creates a dangerous situation for our first responders, and especially for our all-volunteer fire departments in Rockland County.

“Additionally, the environmental implications of rapid development cannot be understated. This could prove catastrophic for our local parks, green spaces, and waterways.”