Gov. Hochul Apartment Plan 'A Threat To Home Rule' Lawmakers Say

FARMINGVILLE, NY — Brookhaven Town officials appealed again on Wednesday to Gov. Kathy Hochul — this time in a letter — requesting she remove from her state budget a plan for affordable housing that would allow accessory apartments in residential areas normally zoned for single-family usage.

"We see this as a threat to home rule and local control of land use, which will also significantly impact our environment, emergency services, traffic, school districts, and quality-of-life," wrote Town Supervisor Ed Romaine in the letter that was also signed by six other members of the town council.

"While we understand the intention to create additional affordable housing through this legislation, we believe the negative impacts of this proposal will far outstrip any benefit," he added.

Hochul's office did not respond to a request for comment.

In a statement to Patch, Hochul's press secretary, Hazel Crampton-Hays, said that the $25 billion, five-year housing plan would "create and preserve 100,000 affordable homes and make affordable housing more accessible, equitable, and stable for New Yorkers."

"The proposed bill would not end single family zoning, but would further the rights of individual homeowners to determine how best to use their property by providing homeowners on fixed incomes the opportunity to have additional rental income to stay in their homes or create multi-generational housing to care for elderly relatives, and would allow municipalities to require necessary health and safety measures for new units,” she said.

Romaine contends that under Hochul's proposal, accessory apartments "would proliferate in single-family-zoned areas in backyard cottages, attics, garages, and basements" and that it would "result in significant increases in school populations and the use of emergency services," causing tax increases for homeowners.

Another negative impact of the plan would take away the town's ability to regulate parking, causing "an influx of on-street parking, hampering both emergency service response and quality-of-life in these communities," he said.

The additional housing would increase septic flow and cause a nitrogen surge in the local bays, harbors, lakes, and waterways of the town, which sits atop an aquifer, according to Romaine.

"Imposing a one-size-fits-all, statewide policy on local communities is a recipe for disaster," he wrote. "The reason why we have local zoning control is because of the many differences each community has – from Montauk to Moriches, and Bellport to Buffalo. Brookhaven Town successfully regulates accessory apartments in owner-occupied homes, holding public hearings and regulating their use to both provide affordable housing and protect the character of our communities."

He said the town doesn't need the plan because officials are working on providing affordable housing by "reimagining former retail corridors, creating transit-oriented development, and building walkable communities through mixed-use development that benefits both seniors and millennials seeking workforce housing."

"We are happy to work with your office to find additional means and funding to increase affordable housing opportunities for our residents," he told her.