What's happening
This bill designates residential construction of up to three stories as an essential business during the COVID-19 emergency in New York.
Why it matters
Allows more residential construction projects to continue during COVID-19 restrictions. , potentially reducing housing shortages and supporting construction sector jobs, even as other businesses face shutdowns.
Covers all residential construction up to three stories, regardless of affordability status. , meaning both market-rate and affordable housing developments can proceed, broadening the impact beyond just low-income housing.
Could accelerate recovery for local economies dependent on construction. , as work stoppages are minimized, and related industries (suppliers, contractors, etc.) also benefit from ongoing activity.
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Who cares
Headline styles
Make Home Building Essential
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to rules
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.
Keep Home Building Open
In Assembly Committee · Housing · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8638
IN SENATE
June 26, 2020
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT in relation to defining residential construction as an essential business
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any other provision of law, rule or regulation during the period of the COVID-19 state disaster emergency as declared pursuant to executive order 202 of 2020, and extensions thereof, and article 2-B of the executive law, essential business, as provided for in executive order 202.6, shall include residential construction not in excess of three stories, notwithstanding whether such construction is defined as affordable.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16718-02-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to defining residential construction as an essential business
Summary of provisions
Section 1. Provides that notwithstanding any other law during the period of executive order 202 of 2020 essential business would include residen- tial construction not in excess of three stories, notwithstanding wheth- er it is defined as affordable.
Justification
Construction was included as an essential business in Executive Order 202.6. Residential home builders thus continued to work on projects. However, issues were soon reported around high rise construction in New York City where employees expressed concerns about social distancing and other health issues. Subsequent to those reports, ESD updated their guidance document to limit residential construction to only affordable housing or public housing projects. This directive resulted in the shut- down of numerous residential construction projects throughout the state negatively impacting building construction loans, mortgage loan commit- ments, as well as completion and closing dates. Businesses had to furlough employees and cancel material orders.
As the COVID curve has descended, it provides an opportunity to review prior decisions to evaluate their consequences. To that end, residential construction should be considered as essential since the protocols mandated for residential construction - social distancing, control of access to the job site, and other hygiene protocols - have been effec- tive in managing the virus. Plus, since construction has restarted, there has been no evidence that this type of construction has contrib- uted to an uptick in issues.
Several adjoining states, Massachusetts and Connecticut operated with broader definitions of residential construction as essential. These states did not suffer any adverse impacts as a result. In New York the fact that affordable residential construction was able to continue argues for expansion of essential to all residential construction. The affordable construction was largely centered in high rise residential construction in New York City with an affordable component. By compar- ison single-family and low -rise construction covered under this bill have fewer compliance challenges in implementing distancing and safety protocols than high rise construction, which has closer quarters for workers. This bill ensures that during the COVID-19 crisis residential construction not in excess of three stories will be considered an essen- tial business.
Prior legislative history
New bill
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.