Fried, Frank, Harris, Shriver & Jacobson LLP

02/17/2026 | Press release | Distributed by Public on 02/17/2026 10:37

Recent City Council Legislation Summaries

Client memorandum | February 17, 2026

Authored by: Zachary Bernstein, Anita W. Laremont, Ellison Hersch

At the end of 2025, the New York City Council voted on several key bills related to land use and housing, some of which were passed and signed into law while others faced mayoral vetoes. On January 29, 2026, the Council voted to override 17 vetoes issued by former Mayor Eric Adams on his last day in office. These laws have meaningful implications for real estate development, city-assisted affordable housing, construction and energy code compliance, and certain labor standards. Taken together, these measures (i) expand regulatory obligations for projects receiving City financial assistance, (ii) modernize and reorganize NYC's construction and existing-building framework, including adoption of updated energy conservation standards, and (iii) increase requirements in targeted areas such as street vending, residential cooling, co-op application timelines, and security guard compensation. Two major housing proposals were vetoed and not overridden by the Council, the Community Opportunity to Purchase Act (COPA), and a bill requiring specific unit breakdowns for affordable housing developments. Brief summaries of the relevant bills are provided below:

ENACTED LEGISLATION

DEVELOPMENT LEGISLATION

  1. Intro 910 ("Construction Justice Act"):
  • Housing development projects receiving discretionary city financial assistance, including loans, grants, or land conveyances, with a present value of $1,500,000 or more, must make best faith efforts to ensure that at least 30% of the work on the project is performed by construction workers living in the city who are paid at least $40 per hour in combined wages and essential benefits. This local law takes effect on January 1, 2027 and will not apply to any written agreement executed prior to such date. This bill was not vetoed.
  1. Intro 958-A (Affordable Housing - Homeownership Units):
  • For the five-year period between July 1, 2026 and June 30, 2031, at least 4% of all newly constructed affordable housing units provided city financial assistance must be designated for homeownership. These include income restricted units, converted homeownership units, and down payment assistance units.
  1. Intro 1443 (Affordable Housing - AMI Requirements):
  • Newly constructed buildings providing affordable housing with city financial assistance must have at least 50% of units set as affordable for extremely low-income households (30% AMI or less) and very low-income households (30-50% AMI), provided that at least 30% are affordable for extremely low-income households.
  • This provision does not apply to projects where: the building has less than 75 units; the council has approved a special permit as of December 18, 2025 or an application has been filed for a special permit and the City Planning Commission has certified it by May 31, 2026; the City Planning Commission has approved a land use authorization subject to compliance with site plan or phasing plan as of December 18, 2025; and a new building or alteration application including a complete zoning analysis has been filed with the DOB as of August 31, 2026 and which the DOB has approved as of June 30, 2027.
  • HPD may adjust the percentages required every five years, starting after the initial period of July 1, 2027 to September 30, 2031.

CONSTRUCTION AND ENERGY CODE LEGISLATION

  1. Intro 1321 and Intro 1422 (Existing Building Code):
  • This bill establishes a New York City Existing Building Code (EBC) to simplify regulations and streamline permitting for construction projects at existing buildings. This new code includes: updates to requirements for site safety plans and construction safety management; modified permit application procedures; revised standards for building materials; and enhanced enforcement procedures. The new code will go into effect on July 17, 2027. Intro 1422 amends the NYC Construction Code to reflect the creation of the NYC Existing Building Code.
  1. Intro 1490 (Energy Conservation Code):
  • This bill amends the New York City Energy Conservation Code to adopt the 2025 New York State Energy Conservation Construction Code, with some city-specific amendments. The updated code includes stricter requirements for building envelopes, HVAC efficiency, lighting, and overall performance. The updated code took effect on December 31, 2025 and enforcement will start on March 30, 2026.

ADDITIONAL ENACTED LEGISLATION

  1. Intro 431 (Street Vendor Permits):
  • This bill increases the amount of permits available for street vendors, including mobile food vendors and general vending licenses. This bill expands street vendor training, increases ability to enforce regulations, and amends requirements for the Street Vendor Advisory Board.
  1. Intro 994 (Air Conditioning):
  • Effective on June 1, 2030, residential property owners are required to provide and maintain cooling systems that can keep every bedroom at a maximum of 78°F from June 15 through September 15. Owners must provide notice of this law to tenants and tenants must opt in. This bill was not vetoed.
  1. Intro 1120 (Cooperative Application Regulations):
  • A cooperative corporation may set application and transfer requirements for potential purchasers and must make decisions on applications within 45 days of receipt of application. This bill will take effect 180 days after it becomes law.
  1. Intro 1391 (Security Guard Wages):
  • Privately employed security guards' wage, minimum paid time off, and supplemental benefits must meet or exceed the requirements of private sector security guards engaged on New York City public building service contracts in excess of $1,500.

VETOED BILLS

The following bills were vetoed by former Mayor Eric Adams and were not brought back for an override vote by the City Council.

  1. The Community Opportunity to Purchase Act (COPA - Intro 902):
  • COPA would have allowed qualified nonprofit entities and community land trusts a first chance to express interest in, offer on, and purchase certain residential property before they go on the open market. This would only apply to Class A Multiple Dwellings with four or more dwelling units that are (i) under distress and subject to an alternative enforcement program under § 27-2153 of the NYC Administrative Code, (ii) subject to an in rem foreclosure action, (iii) in violation due to an underlying condition or finding of harassment, or (iv) subject to an expiring affordability restriction. Qualified nonprofits include certified not-for-profit entities that have proved financial capacity, experience in acquiring and managing residential property, and commitment to preservation of affordable housing.
  1. Intro 1433 (Affordable Housing - Unit Breakdown):
  • Newly constructed affordable housing buildings with city financial assistance must execute an agreement with the Housing Preservation & Development Department (HPD) that at least 25% of units will have two bedrooms and at least 15% of units will have three or more bedrooms. This provision does not apply to projects where: at least 50% of units are restricted to adults 55+; 30% of units are restricted to supportive housing; the building has less than 20 units; the council has approved a special permit as of December 18, 2025 or an application has been filed for a special permit which the city planning commission has certified by May 31, 2026; the city planning commission has approved a land use authorization subject to compliance with a site plan or phasing plan as of December 18, 2025; and a new building or alteration application including a complete zoning analysis has been filed with the DOB as of August 31, 2026 which the DOB has approved as of June 30, 2027. HPD may adjust the percentages required every five years, starting after the initial period of July 1, 2027 to September 30, 2031. This bill was vetoed by Mayor Eric Adams and not overridden by the Council.

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