A 8766 New York Assembly · 2025 Regular Session

Relates to the standards for openable windows in residential units

This bill (A 8766) changes requirements for new residential buildings by allowing mechanical ventilation systems to satisfy the openable window rule. It requires newly built or converted residential units to meet ASHRAE Standard 62.1 for indoor air quality instead of having operable windows. Local governments are prohibited from enforcing openable window rules for units that comply with this mechanical ventilation standard. The law applies to all new residential developments, including conversions of non-residential buildings, and takes effect 90 days after enactment.

Issues: ✗ Environment

Bill status in committee 1 of 4 stages cleared

Introduction

Jun 2025

Committee Review

Floor Vote

Governor

Introduced Jun 2, 2025 Last action May 14, 2026

Maddy AI version diff · 1 comparison

What changed between versions

A8766 → A8766A · 4 edits

MODERATE

The bill was amended to clarify that mechanical ventilation systems can replace openable windows in new residential units, while explicitly preserving the right of local governments to require openable windows for fire safety and egress purposes. This change prevents localities from being barred from enforcing existing fire codes that mandate openable windows, ensuring public safety standards are not compromised by the new ventilation options.

Scope change

The bill's scope was refined to include ASHRAE Standard 62.2 for residential buildings in addition to Standard 62.1, and the language was modified to explicitly allow local enforcement of openable window requirements for fire safety and egress.

REQUIREMENT

Changed the legal authority from 'any other provision of law' to 'any other provision of this chapter' to narrow the scope of the exemption to the specific building code chapter.

Added ASHRAE Standard 62.2 as an acceptable alternative standard for residential buildings alongside Standard 62.1.

ENFORCEMENT

Added a new clause explicitly stating that local governments may still enforce openable window requirements to ensure proper egress or meet fire safety standards.

TECHNICAL

Updated the full name of the engineering society to 'American Society of Heating, Refrigerating and Air-Conditioning Engineers' for clarity.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 14, 2026

Lower · Passed

PRINT NUMBER 8766A

lower

May 14, 2026

Lower · Passed

AMEND AND RECOMMIT TO HOUSING

lower

Jan 7, 2026

Committee

REFERRED TO HOUSING

lower

Jun 2, 2025

Committee

REFERRED TO HOUSING

lower

1 primary · 2 co-sponsors