New York 2025-2026 Regular Session

New York Assembly Bill A08766

Introduced
6/2/25  
Refer
6/2/25  

Caption

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

Summary

This bill amends the Multiple Dwelling Law to change how openable-window requirements are satisfied in newly developed residential units, including units created by converting non-residential buildings to residential use. Under the bill, a unit would be considered compliant if it meets the mechanical ventilation standards in ASHRAE Standard 62.1, or any successor standard, rather than needing to provide openable windows in the traditional sense. The bill also bars local governments and municipalities from adopting or enforcing laws, codes, or ordinances that would require openable windows in residential units that are built to these ventilation standards. In effect, it creates a state-level preemption of local window-opening requirements for qualifying new residential construction and conversions, while tying compliance to indoor air quality and airflow standards set by ASHRAE.

Impact

The bill would amend state housing law by adding a new subdivision to Section 30 of the Multiple Dwelling Law. Its practical effect is to allow developers of new residential units and conversion projects to rely on mechanical ventilation systems as an alternative to operable windows, so long as the systems meet ASHRAE ventilation standards. It would also limit local regulatory authority by preventing municipalities from imposing additional openable-window mandates on covered projects, thereby standardizing the rule statewide for these units.

Sentiment

No committee transcript or vote record is available in the provided materials, so there is no direct evidence of debate or formal support/opposition. Based on the bill text alone, the measure appears aimed at facilitating modern building design and adaptive reuse while preserving indoor air quality through mechanical ventilation standards. The overall tone of the proposal is regulatory and technical rather than ideological, with an emphasis on code uniformity and building performance.

Contention

The main point of contention is likely to be the tradeoff between flexibility in building design and occupant safety or habitability concerns associated with operable windows. Supporters would likely favor the bill for enabling conversions and dense urban development, reducing construction constraints, and recognizing mechanical ventilation as an acceptable substitute. Opponents may argue that openable windows provide important benefits such as natural ventilation, emergency egress, and resident control over indoor conditions, and may object to the bill’s preemption of local building standards.

Companion Bills

NY S08078

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

NY S09742

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

Previously Filed As

NY S08078

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

NY S09742

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

NY A07586

Relates to the completion of and information contained in heating, ventilation and air conditioning systems assessments as part of building condition surveys for purposes of grant eligibility; requires such assessments to include a report containing specific information and includes qualification requirements for the person completing the report.

NY S07733

Relates to the completion of and information contained in heating, ventilation and air conditioning systems assessments as part of building condition surveys for purposes of grant eligibility; requires such assessments to include a report containing specific information and includes qualification requirements for the person completing the report.

NY HB1923

SCH CD-SCHOOL VENTILATION

NY S10200

Provides for energy efficiency improvements to certain windows; relates to certain alterations concerning windows and HVAC equipment in multiple dwellings.

NY SB908

An act to add Section 4754 to the Civil Code, and to add Section 65850.73 to the Government Code, relating to windows.

NY S292

Requires air conditioning in certain residential rental units.

NY HB1245

Heating Ventilation & Air Conditioning Improvement Projects in Schools

NY SB2193

SCH CD-SCHOOL VENTILATION

Similar Bills

No similar bills found.