Opposing the Assembly’s “one-size-fits-all” Accessory Dwelling Legislation

The Upper Nyack Village Board joins Assemblyman Zebrowski, Senator Reichlin-Melnick, Clarkstown Town Supervisor George Hoehmann, and Rockland County Executive Ed Day in opposing Assembly Bill 4854 regarding residential Accessory Dwelling Units.

This legislation as proposed is a violation of Home Rule under the New York State Constitution. Home Rule provides that all zoning is delegated to the local level. The basic foundation of the Home Rule philosophy is the understanding that the most local level of government is in the best position to know and address the issues facing the community. This proposed legislation effectively strips local municipalities of residential zoning control and places the authority at the highest level of government.

The Village of Upper Nyack is currently working on a proposed owner-occupied accessory apartment provision which would be appropriate for our Village and would be in conformance with our Comprehensive Plan. We oppose the Assembly’s “one-size-fits-all” approach and fully intend to defend our rights under Home Rule.

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