S 9742 NY
Relates to the standards for openable windows in residential units
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Summary
This bill amends New York's Multiple Dwelling Law to allow newly developed residential units to satisfy openable window requirements through mechanical ventilation that meets specific standards. Instead of requiring physical openable windows, units can comply if they meet the ventilation and indoor air quality standards set by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), specifically ASHRAE Standard 62.1 or 62.2 or successor standards. The bill applies to newly constructed residential units as well as buildings converted from non-residential to residential use. The bill does not prevent local governments and municipalities from requiring openable windows to ensure proper egress or meet fire safety standards. The bill takes effect ninety days after enactment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Requires openable windows in residential units to comply with certain mechanical ventilation standards.
Sponsor (1)
- Brian Kavanagh Democratic · primary
Action history (8)
- Apr 2, 2026 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT · upper
- Apr 20, 2026 1ST REPORT CAL.724 · upper
- Apr 21, 2026 2ND REPORT CAL. · upper
- Apr 22, 2026 ADVANCED TO THIRD READING · upper
- May 11, 2026 AMENDED ON THIRD READING 9742A · upper
- May 14, 2026 PASSED SENATE · upper
- May 14, 2026 DELIVERED TO ASSEMBLY · upper
- May 14, 2026 REFERRED TO HOUSING · lower
Text versions (3)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S09742 Summary: BILL NO S09742A   SAME AS SAME AS A08766-A
  SPONSOR KAVANAGH   COSPNSR   MLTSPNSR   Amd §30, Mult Dwell L   Requires openable windows in residential units to comply with certain mechanical ventilation standards.
Go to top S09742 Text:
STATE OF NEW YORK ________________________________________________________________________
9742--A Cal. No. 724
IN SENATE
April 2, 2026 ___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the multiple dwelling law, in relation to the standards for openable windows in residential units
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Section 30 of the multiple dwelling law is amended by 2 adding a new subdivision 11 to read as follows: 3 11. (a) Notwithstanding any other provision of this chapter, for newly 4 developed residential units, including those created through the conver- 5 sion of non-residential buildings to residential use, any provisions of 6 this chapter requiring that windows be openable shall be deemed satis- 7 fied if the unit complies with the mechanical ventilation standards set 8 forth by the American Society of Heating, Refrigerating and Air-Condi- 9 tioning Engineers (ASHRAE) in ASHRAE Standard 62.1, Ventilation and 10 Acceptable Indoor Air Quality, ASHRAE Standard 62.2, Ventilation and 11 Acceptable Indoor Air Quality in Residential Buildings, or any successor 12 standard, as amended or updated. 13 (b) Nothing in this section shall prevent a local government or muni- 14 cipality where this chapter applies from enacting or enforcing any law, 15 code, or ordinance that imposes openable window requirements on residen- 16 tial units to ensure proper egress or to meet fire safety standards. 17 § 2. This act shall take effect on the ninetieth day after it shall 18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11799-02-6
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