Senate approves change allowing mechanical ventilation as alternative to openable windows for certain residential conversions

The Senate on June 9 approved an amendment to the Multiple Dwelling Law that allows certain newly developed or converted residential units to meet state ventilation standards through mechanical systems rather than requiring openable windows. The proposal was presented as a way to lower conversion costs and accelerate residential development in commercial buildings in New York City.

Senator Andrew Gounardes (reading the calendar entry) brought the bill forward; Senator Kevin Palumbo spoke against the measure on the floor, arguing it would remove local authority. "My concern...is if there are certain local codes requiring open windows for egress, I'm not talking about a 30‑story building. I'm talking about a 2‑story building," Palumbo said. "This removes local control statewide. So that's a significant concern to me. I do appreciate the idea that we're looking to expand housing opportunities, but for those purposes, I'll be voting no."

Senator Brad Hoylman Siegel, who supported the change, framed the bill as a measure aimed at speeding conversions in Manhattan and other urban areas where converting commercial buildings into housing is under way. "We have found in studies...window requirements increase costs by 35%," Hoylman Siegel said on the floor, adding that other U.S. cities have adopted similar mechanical‑ventilation standards.

Senator Sean Ryan and others who supported confirmation of the bill emphasized workforce and housing benefits from conversions; Senator Todd Kaminsky noted the approach had been adopted in other cities. Senator Walter Rivera said the change applies to New York City in current text, and that the bill is aimed at encouraging conversions in high‑demand areas.

The bill passed the Senate on a recorded vote with the clerk announcing the tally as 37 ayes, 20 nays. Opponents said the statewide preemption of local window or egress rules raises safety and local‑control issues; proponents said the change is narrowly targeted to buildings developed in accordance with the specified ventilation standards and will help create housing supply.

Why it matters: The change affects how developers and local governments may approach conversions of commercial buildings to residential use, by permitting mechanical ventilation systems that meet specified standards instead of openable windows in covered projects. Supporters say it reduces construction costs and speeds conversions; critics said it removes local discretion and could have unintended consequences outside high‑density urban contexts.

What’s next: With Senate passage on June 9, the bill moves to the governor for signature or veto. If enacted, building and local agencies will need to apply the new standards to eligible conversions.