Proposal Presented for the Master Plan for Aging (#15)
Disclaimer
Throughout the MPA process, more than 100 proposals were developed thanks in particular to thousands of hours of work by external stakeholders and members of the public. These proposals and the MPA Council commentary are being submitted to the Governor and shared with policymakers and the public to inform policymaking. These proposals represent a starting point for discussion. Further discussion is necessary between relevant state agencies and stakeholders to both refine these proposals and assess which may be appropriate to adopt and implement.
Summary
Address the supply shortage of housing stock. The proposal includes reforms that encourage new construction or adaptive reuse of existing buildings, pilots accessory dwelling units (ADUs), recommends zoning ordinance revisions, and suggests housing models for senior and “missing middle” housing.
Justification
Current zoning in many jurisdictions across NYS limits supply, reducing choices, driving up prices, prohibiting and restricting housing types, and/or making it impossible to provide certain housing types that would be most desirable for some older adults, people with disabilities and their caretakers. Housing supply issues must be addressed by calling upon, funding, and requiring local governments to address their zoning, regulation, and building codes and other related laws. Action is needed to improve access and availability of housing options including ADUs, missing middle housing, and other shared housing models for older adults, people with disabilities and their caregivers.
Full Proposal
To address the supply shortage of housing stock, initiate the following reforms to encourage new construction:
- Initiate a pilot with local governments to designate areas where accessory dwelling units (ADUs) can be built for seniors, people with disabilities, and their caregivers as-of-right.
- Require and fund all local governments, within three years, to audit, and if necessary, revise, their zoning ordinance, subdivision regulations, building code, housing maintenance code and related laws and regulations to ensure that the jurisdiction is allowing sufficient flexibility that new construction or adaptive reuse of existing buildings can meet regional demand for housing that is accessible for older adults and people with disabilities, taking into account the social, transportation, and other needs of these populations.
- New York State, led by DOS’s Office of Planning, Development & Community Infrastructure, shall provide guidance to local governments about how to effectively audit their existing ordinances, codes, and regulations, and potential modifications to them that would address problems the audit reveals, drawing from such sources as the AARP’s Livable Communities guides, the NYS DOS/NYSOFA Livable NY Resource manual, and NYS DOS Senior Housing Model Local Laws.
- Call upon and fund all local governments to allow the development of, “missing middle,” housing that could provide affordable, accessible, and safe homes to meet the needs of older adults, people with disabilities and their caretakers while fitting comfortably within existing neighborhoods of single-family detached housing. In developing legislation to require missing middle housing, the State should be guided by AARP’s Re-legalizing Middle Housing – A Model Act and Statewide Guide.
- Middle Housing is a range of house-scale buildings with multiple units—compatible in scale and form with detached single-family homes—located in a walkable neighborhood with improved access to transportation, services, public spaces, and social engagement opportunities for people of all ages.
- Consider the 2022-2023 Plus One ADU program for expansion to other parts of NYS, especially rural areas. Consider expanding the eligibility requirements for the low/no interest rate loans to low- and middle-income older adults, people with disabilities and their caregivers. Consider how the current pilot program will affect older adults in NYS and study its effects. Outcomes and data should be shared with DOH and NYSOFA.
- The State should consider a statewide loan fund or other financing mechanism, or other ways to increase the ease of building ADUs and increase public acceptance.
- The State should encourage all local governments to designate areas where senior-only housing, assisted living facilities, and nursing homes can be built for older adults and people with disabilities as-of-right, or with a special permit, subject to only the minimum standards necessary to protect the health and safety of residents of the units and its neighboring properties, and consistent with the federal, state and local fair housing mandates. The state should consider ways that it can help make these facilities more affordable.
MPA Council Commentary
This proposal is categorized as long-term. Policymakers may reference this proposal during the legislative session and the annual budget process, as statewide action to review local zoning laws, address “missing middle” housing, expand ADU programs, and create new financing mechanisms may require legislative action and any funding needs would be subject to the availability of resources. Implementation of the separate elements of this proposal could start with development of legislation to advance the program parameters for the proposed initiatives. Governor Hochul has made increasing the supply of housing a top priority of her administration. As part of the FY25 Enacted Budget, the Governor secured a historic agreement to increase New York’s housing supply through a variety of measures including incentives that create affordable housing statewide, tools for New York City to generate more housing, $500 million to build up to 15,000 new homes on State land and authority to further strengthen New York’s Pro-Housing Communities Program ― which was launched by the Governor in 2023 and currently includes nearly 300 communities. In addition, as part of the FY23 Enacted Budget, the Governor established a five-year, $25 billion Housing Plan to create or preserve 100,000 affordable homes statewide, including 10,000 with support services for vulnerable populations, plus the electrification of an additional 50,000 homes. More than 55,000 homes have been created or preserved to date.