Somers Response to The ADU Accessory Dwelling Unit and TOD Transit Oriented Development Legislation that are part of the 2023 State Budget

February 18, 2022

February 18, 2022


“Every New Yorker deserves access to safe, affordable housing, and I’m tackling the housing crisis head-on with a $25 billion housing plan and a number of policy changes that will increase supply. In addition to historic investments in housing, including 10,000 units of supportive housing, I also included five bold proposals in my executive budget that will make it easier to build housing across the state: easing restrictions on commercial and hotel conversions to residential, removing the FAR cap in New York City ,improvements to the 421a program, encouraging transit-oriented development and a proposal to allow for the creation of safe and regulated accessory dwelling units across the state.


"Since my days in local government, I have believed strongly in the importance of consensus-building and listening to communities and my fellow policymakers. I have heard real concerns about the proposed approach on accessory dwelling units and transit-oriented development, and I understand that my colleagues in the State Senate believe a different set of tools is needed, even if they agree with the goal of supporting the growth of this kind of housing. So, I am submitting a 30-day amendment to my budget legislation that removes requirements on localities in order to facilitate a conversation about how we build consensus around solutions. 


"I’ve also worked with New York City’s leaders on these issues, and we are united in our commitment to the survivors of Hurricane Ida and those whose loved ones died in basement apartments. We agree that we must begin to bring these homes into the sunlight and provide a pathway to compliance with building code requirements. This is imperative, and the larger conversation about accessory dwelling units across the state must not prevent critical progress in New York City from moving forward. The amended bill will remove state obstacles and allow for the City to enact a local law accessory dwelling unit legalization.


"I believe that increasing our housing supply is essential to the growth of our economy, to reaching our lower carbon footprint, to achieving our goals of equity and inclusion, and to addressing the affordability challenges faced by so many New Yorkers. I’m glad that the conversation on these important issues has begun, and I look forward to further collaboration in this legislative session.”

February 16, 2022

Town of Somers Residents:

There are two sections of the Education, Labor, and Family Assistance legislation (S.8006 / A. 9006) that is set for funding under the Fiscal Year 2023 Executive Budget that was introduced recently by Gov. Kathy Hochul.

1. Section AA - Accessory Dwelling Unit Act of 2022 (ADU) - This Senate Proposal Bill was introduced by New York State Senator Peter Harckham.

          -This part would require local governments to authorize the construction of accessory dwelling units by local law and impose reporting, regulatory, and enforcement requirements.

          -$85million to support the creation or rehabilitation of Accessory Dwelling Units(ADUs), which includes backyard cottages, attics, garages, and basements.

2. Section EE - Transit-Oriented Development Act of 2022 (TOD) - to amend the general town law in relation to transit-oriented development

          -This part would require local governments to authorize the construction of residential dwelling units within proximity to transportation centers.

          -There is no funding component to this section of the executive’s proposal.

Let’s talk about Somers:

We have addressed Accessory Dwelling Units in the Town’s Zoning Code since July, 1934. We have also addressed Affordable Housing in Town, so much that last year during the July 8, 2021 Town Board meeting our Westchester County Executive, George Latimer praised this same board and the former Town Supervisor Rick Morrissey for our part when it came to affordable housing.

Westchester County wanted 750 units across all municipalities. Somers contributed 167 units – That’s 22%.

What this proposed Senate Bill | Budget, does to the Town of Somers is the intent to usurp a local governments ability to regulate land use by removing local governments traditional Home Rule. It is not a one size fits all piece of legislation. This type of legislation has consequences, no one has thought about how this will affect our police department, fire department, schools, parks, library, our senior population, traffic, septic, sewer, watershed and privacy. Our infrastructure and environment under this bill would be under attack.  Let’s not forget to mention that the look and feel of this town would change drastically. The Supervisor was voted to uphold our town codes, zoning laws and do what is in the best interest of the Town of Somers.

Our resolution makes it crystal clear that Senate Bill (S.8006)/ Assembly Bill (A. 9006) (ADU and TOD) as written ignores Home Rule, a statutory foundation for all local governments in New York State.  

Please contact Albany law makers immediately and voice your opinion regarding Section AA (ADU) and Section EE (TOD) of Senate Bill8006/Assembly Bill 9006.

NYS Senator Peter Harckham (
NYS Assemblyman Kevin Byrne (

Governor Hochul: Email Contact Form
By Phone: 1-518-474-8390 | Office hours: 9:00am to 5:00pm

By Mail:
The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224

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