Zoning › State preemptions › New York

NY Housing Compact (2023) — FAILED — No Statewide Override (NY)

Tracked preemption from the New York overlay bundle.

Overview

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Effective
2023-01-10
Sunset
2023-05-02
Authority
state
Scope
state:NY
Other New York preemptions
NY Freshwater Wetlands Act — 2022 Amendment Lower ThresholdNY Real Property Law Article 12-D — Statewide Short-Term Rental Registry FrameworkNYC City of Yes for Housing Opportunity — ADU Legalization (Local Laws 126 & 127 of 2024)NY Multiple Dwelling Law §26(3) — NYC Residential FAR Cap Lifted (Enabling)NY Real Property Tax Law §485-x — Affordable Neighborhoods for New Yorkers (NYC Tax Abatement)NY Real Property Tax Law §467-m — NYC Office-to-Residential Conversion Tax IncentiveNY Real Property Tax Law §421-a Extender — NYC Vested-Project Completion ExtensionNYC Local Law 18 — Short-Term Rental Booking Platform Registration (Preserved)

Trigger predicate

When this evaluates true for a parcel, the law's preempted fields take precedence over base zoning.

never true

Preempted fields

0 fields on the base district schema are rewritten when the trigger fires.

Citation

Authority source
Governor Hochul FY 2024 Executive Budget housing proposal (Jan 2023); removed from enacted FY 2024 budget (May 2023)
§ Proposed but not enacted
https://manhattan.institute/article/nyc-housing-crisis-next-steps-after-new-york-housing-compact-fails

Research notes

FAILED. Would have established: (1) 3-year housing growth targets (3% downstate / 1% upstate), (2) TOD mandate — minimum 25 du/ac as-of-right within 1/2-mile of MTA commuter rail stations in NYC suburbs, (3) Housing Approval Board with builder's-remedy-style appeal for non-compliant localities. Died in the Legislature. No successor override bill has passed as of April 2026. Documented to make explicit that NY has NO MBTA-Communities-style mandate and NO Builder's Remedy — anyone coming from MA/CA/NJ should assume local zoning controls in any NY municipality outside NYC, subject only to EO 30 funding pressure and Article 12-D STR framework.