New York Senate Bill S09742

New York 2025-2026 Regular Session

• Introduced: 4/2/26
• Refer: 4/2/26

Caption

Requires openable windows in residential units to comply with certain mechanical ventilation standards.

Impact

If enacted, S09742 would directly influence local municipalities by prohibiting them from enacting any laws or codes that impose their own openable window requirements on residential units that meet the specified mechanical ventilation standards. This centralization of regulation is intended to streamline compliance for developers and builders, ultimately enhancing efficiency in residential development and conversion projects.

Summary

Bill S09742, introduced by Senator Kavanagh, seeks to amend the Multiple Dwelling Law regarding the standards for openable windows in new residential units in New York State. Under this proposed legislation, the requirement for openable windows would be met if the units adhere to specific mechanical ventilation standards laid out by ASHRAE, known as Standard 62.1, which focuses on ensuring acceptable indoor air quality. This bill is particularly relevant for units resulting from the conversion of non-residential buildings into residences.

Contention

The bill's central contention lies in balancing state requirements with local control over housing regulations. Proponents argue that by adhering to standardized ventilation systems, the legislation will ensure that air quality and residential health standards are maintained without hindering development. Critics, however, may raise concerns about diminishing local authority, suggesting that communities should have the ability to implement more stringent safety and health regulations that cater to their unique environments.