N.Y. Gov. Kathy Hochul’s proposal for affordable housing failed 2 years ago. Is ‘City of Yes’ different? (2024)

EDITOR’S NOTE: Tipping Point? is a journalistic initiative launched by Advance/SILive.com to inform Staten Islanders how NYC’s City of Yes for Housing Opportunity proposal could impact the borough. The plan, which will be voted on by the City Council this year, calls for significant zoning changes designed to spur development of new homes and apartments amid a citywide housing shortage.

STATEN ISLAND, N.Y. -- In 2022, when Gov. Kathy Hochul proposed sweeping legislation that would make housing more affordable in New York state, she suggested that accessory dwelling units (ADUs) be built in single-family neighborhoods, tried to kickstart transit-oriented development and even attempted to change zoning rules to ease restrictions on converting hotels and offices to housing.

But after her plan received pushback from the majority of NYC’s elected officials – including several on Staten Island – she retracted it.

“Since my days in local government, I have believed strongly in the importance of consensus-building and listening to communities and my fellow policymakers,” Hochul said in a written statement at the time.

“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.”

But two years later, many of Hochul’s ideas are resurfacing in Mayor Eric Adams’ ambitious City of Yes for Housing Opportunity initiative. And local representatives are still protesting.

“We will remain committed to preserving the character and integrity of many of our neighborhoods across Staten Island,” Borough President Vito Fossella said recently when asked about the congruency of both plans. “We will oppose any attempts, whether they come from the city or state, that will impact negatively what many residents have come to enjoy and to appreciate about Staten Island.”

In 2022, Fossella found particular fault with the piece of Hochul’s plan that would have required municipalities to allow ADUs -- which include basem*nt and attic apartments -- on owner-occupied, residentially-zoned lots in an effort to create more housing.

“In my political life, at least, I’ve never seen anything like this,” Fossella said during a press conference in Westerleigh when Hochul’s policies were still up for debate. “Somebody in Albany thought it was a good idea to tell the people in Westerleigh, across Staten Island, how they should zone and how they should allow residential additions.”

Hochul’s efforts coincided with New York City Comptroller Brad Lander’s proposal for a regulatory system for ADU’s -- most notably mother-daughter style apartments -- through the creation of a “Basem*nt Resident Protection Law.” The push, which would have created a NYC Basem*nt Board to inspect and correct illegal basem*nt apartments, came after Hurricane Ida swept through NYC and 11 people living in basem*nt dwellings died when they couldn’t escape flash flood waters. But that legislation also failed to pass.

And now Adams is encouraging the creation of basem*nt and attic unit conversions – calling them a financial boon for homeowners who can either rent out the extra units or have family members live nearby.

“For our seniors fighting to stay in the neighborhoods they call home or young people struggling to find a living space, accessory dwelling units can be a lifeline to stable, affordable housing,” the mayor said during a recent press conference. “For too long, our policies have lived in the past and ignored the present: We are facing a generational housing crisis. The only solution is to build more and make it easier, not harder, for homeowners to join government in addressing this crisis head on. Together, we can build our way towards a better future, but that must include saying ‘yes’ to ‘City of Yes for Housing Opportunity’ and legalizing accessory dwelling units.”

Still, here in Staten Island, the community is mostly opposed.

“The reason I created a City of Yes modification task force, is to address the significant concerns with the City of Yes for Housing Opportunity initiative, particularly regarding ADUs,” Councilwoman Kamillah Hanks (D-North Shore) previously told the Advance/SILive. “While this initiative aims to promote housing solutions and urban development, it is crucial that we carefully examine and understand the impacts this will have on our communities.”

Likewise, the Island’s Mid-Island and South Shore boards — Community Board 2 and 3, respectively — came out in general opposition to the city’s housing plan.

In a review of the ADU plan, Community Board 3 wrote about the impact the expansion would have on the South Shore.

“Weakening zoning requirements to allow ADUs is unsuitable for a neighborhood’s quality of life. Reducing side, front, and rear lot requirements will adversely affect the adjacent property,” the group wrote. “The image that seniors or adult children will live in these dwellings is delusional. ADUs will be a profitable tool for developers and builders. You can’t legislate who lives in ADUs.”