What's happening
This bill requires local zoning to permit temporary family health care structures on single-family residential lots for caregivers of disabled or impaired individuals.
Why it matters
Expands housing options for family care. The bill allows families to place small, temporary dwelling units (up to 300 square feet) on their property to house and care for a disabled or impaired relative, potentially reducing pressure on institutional care and giving families more flexibility.
Limits local government discretion. Municipalities must treat these temporary structures as a permitted accessory use in single-family residential zones and cannot impose requirements beyond those already applied to other accessory structures (except as specified), streamlining the process and minimizing local barriers.
Imposes safeguards and requirements. The structures are limited to one qualifying occupant, cannot be placed on permanent foundations, must connect to utilities, and must be removed within 30 days if the recipient no longer needs care, ensuring these are truly temporary and purpose-specific solutions.
Balances neighborhood concerns. By banning exterior signage and requiring compliance inspections (including annual proof and city inspections), the bill seeks to prevent the structures from disrupting neighborhood character or being misused, while also allowing local governments to revoke permits for non-compliance.
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Who cares
Headline styles
Allow Backyard Caregiver Cottages
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Backyard Caregiver Cottages
In Assembly Committee · Local Governments · Sponsor Fred Thiele
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 7436 A. 9045
SENATE - ASSEMBLY
January 18, 2018
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments
AN ACT to amend the town law, the village law and the general city law, in relation to zoning provisions for temporary family health care structures
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The town law is amended by adding a new section 274-c to read as follows:
§ 274-c. Zoning provisions for temporary family health care structures. 1. For purposes of this section:
(a) "Caregiver" means an adult who provides care for a mentally disabled or physically impaired person within the state. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally disabled or physically impaired person for whom he or she is caring.
(b) "Physically impaired person" means a person who is a resident of the state and who requires assistance with two or more activities of daily living as certified in a statement of a physician duly licensed to practice medicine.
(c) "Mentally disabled person" means a person with a mental illness, mental retardation, developmental disability, alcoholism, substance dependence, or chemical dependence as defined in subdivision three of section 1.03 of the mental hygiene law.
(d) "Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally disabled or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally disabled or physically impaired person, (iii) has no
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08098-01-7
S. 7436 2 A. 9045
more than three hundred gross square feet, and (iv) complies with applicable provisions of section one hundred thirty of this chapter. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
2. Zoning ordinances for all purposes shall consider temporary family health care structures for use by a caregiver in providing care for a mentally disabled or physically impaired person and on property owned or occupied by the caregiver as his or her residence as a permitted accessory for use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ration limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.
3. Any person proposing to install a temporary family health care structure shall first obtain a permit from the planning board or such other administrative body, for which the locality may charge a uniform fee of up to one hundred dollars. The locality may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the locality of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
4. Any temporary family health care structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of section one hundred thirty of this chapter.
5. No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
6. Any temporary family health care structure installed pursuant to this section shall be removed within thirty days after the mentally disabled or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
7. The planning board or other such administrative body may revoke the permit granted pursuant to subdivision three of this section if the permit holder violates any provision of this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section. The planning board or other such administrative body is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
§ 2. The village law is amended by adding a new section 7-725-c to read as follows:
§ 7-725-c Zoning provisions for temporary family health care structures. 1. For purposes of this section:
(a) "Caregiver" means an adult who provides care for a mentally disabled or physically impaired person within the state. A caregiver shall be either related by blood, marriage, or adoption to or the legally
S. 7436 3 A. 9045
appointed guardian of the mentally disabled or physically impaired person for whom he or she is caring.
(b) "Physically impaired person" means a person who is a resident of the state and who requires assistance with two or more activities of daily living as certified in a statement of a physician duly licensed to practice medicine.
(c) "Mentally disabled person" means a person with a mental illness, mental retardation, developmental disability, alcoholism, substance dependence, or chemical dependence as defined in subdivision three of section 1.03 of the mental hygiene law.
(d) "Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally disabled or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally disabled or physically impaired person, (iii) has no more than three hundred gross square feet, and (iv) complies with applicable provisions of section 7-700 of this article. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
2. Zoning ordinances for all purposes shall consider temporary family health care structures for use by a caregiver in providing care for a mentally disabled or physically impaired person and on property owned or occupied by the caregiver as his or her residence as a permitted accessory for use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ration limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.
3. Any person proposing to install a temporary family health care structure shall first obtain a permit from the planning board or such other administrative body, for which the locality may charge a uniform fee of up to one hundred dollars. The locality may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection by the locality of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
4. Any temporary family health care structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of sections 11-1112 and 14-1438 of this chapter.
5. No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
6. Any temporary family health care structure installed pursuant to this section shall be removed within thirty days after the mentally disabled or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
S. 7436 4 A. 9045
7. The planning board or other such administrative body may revoke the permit granted pursuant to subdivision three of this section if the permit holder violates any provision of this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings to ensure compliance with this section. The planning board or other such administrative body is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
§ 3. The general city law is amended by adding a new section 82 to read as follows:
§ 82. Zoning provisions for temporary family health care structures. 1. For purposes of this section:
(a) "Caregiver" means an adult who provides care for a mentally disabled or physically impaired person within the state. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally disabled or physically impaired person for whom he or she is caring.
(b) "Physically impaired person" means a person who is a resident of the state and who requires assistance with two or more activities of daily living as certified in a statement of a physician duly licensed to practice medicine.
(c) "Mentally disabled person" means a person with a mental illness, mental retardation, developmental disability, alcoholism, substance dependence, or chemical dependence as defined in subdivision three of section 1.03 of the mental hygiene law.
(d) "Temporary family health care structure" means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally disabled or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally disabled or physically impaired person, (iii) has no more than three hundred gross square feet, and (iv) complies with applicable provisions of subdivisions twenty-four and twenty-five of section twenty of this chapter. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.
2. Zoning ordinances for all purposes shall consider temporary family health care structures for use by a caregiver in providing care for a mentally disabled or physically impaired person and on property owned or occupied by the caregiver as his or her residence as a permitted accessory for use in any single-family residential zoning district on lots zoned for single-family detached dwellings. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this section. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ration limitations that may apply to the primary structure. Only one family health care structure shall be allowed on a lot or parcel of land.
3. Any person proposing to install a temporary family health care structure shall first obtain a permit from the planning board or such other administrative body, for which the locality may charge a uniform fee of up to one hundred dollars. The locality may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family health care structure remains on the property. Such
S. 7436 5 A. 9045
evidence may involve the inspection by the locality of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
4. Any temporary family health care structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of sections twenty and fifty-three of this chapter.
5. No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.
6. Any temporary family health care structure installed pursuant to this section shall be removed within thirty days after the mentally disabled or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the town law, the village law and the general city law, in relation to zoning provisions for temporary family health care structures
Purpose
This legislation relates to zoning provisions for temporary health care structures for use by caregivers in providing care for persons who are mentally disabled or physically impaired.
Summary of provisions
This legislation adds a new section to the town law (Section 274-c), the village law (Section 7-725-c) and the general city law (Section 82) relating to zoning provisions for temporary family health care struc- tures.
Justification
This legislation would provide senior citizens and other physically or mentally impaired individuals needing a caregiver's assistance an alter- native to living away from their loved ones within the confines of a nursing home. It expands zoning ordinances to allow a municipality to consider the placement of a transportable residential structure on the property owned by an individual who manages the care and well-being of a mentally disabled or physically impaired person. As proposed in this legislation, a temporary family healthcare structure' is defined as a transportable residential structure, providing an environment facilitat- ing a caregiver's provision of care for a person who is certified by a physician as mentally disabled or physically impaired, primarily assem- bled at a location other than its site of installation, limited to one occupant who shall be the mentally disabled or physically impaired person, can be no more than three hundred square feet and must comply with local zoning and building ordinances. The building must be removed within 30 days after the occupant passes away, moves or no longer needs to receive care in the dwelling.
According to an AARP bulletin published in July 2010, cities in Califor- nia, Washington and Minnesota have expanded zoning ordinances to allow for these types of temporary health care structures. In fact, legis- lation has been enacted in the state of Virginia which supersedes local zoning laws which will allow dwellings called "MEDCottage" (invented by Rev. Kenneth Dupin of Salem, VA) to be installed on single-home proper- ties with a doctor's order. These particular structures are equipped with biometric technology that would allow family members and healthcare providers to monitor the condition of an aging or disabled, relative. The cottage contains air-filtration systems, video links, devices that allow the remote monitoring of vital signs and sensors that could detect an occupant's fall.
This legislation would eliminate a major obstacle to making temporary family health care structures, like a MEDCottage, a practical and safe option for people who can no longer care for themselves.
Legislative history
2015-16: S.364/A.165 2013-14: S.2008/A.1891 2011-12: S.4865/A.4789
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.