S 9742 New York Senate · 2025 Regular Session

Relates to the standards for openable windows in residential units

This bill allows new residential units to meet openable window requirements by installing mechanical ventilation systems that follow specific engineering standards instead of relying solely on physical windows. It directly affects developers and builders of new homes or converted buildings by offering an alternative way to satisfy air quality and ventilation rules. The law clarifies that local fire and safety codes requiring actual openable windows for emergency exits must still be followed. Changes made to the bill during its final review in the Senate did not alter these core provisions.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2026
Committee Review
May 2026
Senate Passage
May 2026
Assembly Passage
Governor
Introduced Apr 2, 2026 Last action May 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S9742 S9742A · 3 edits
MINOR
This bill was amended to clarify that local governments can still enforce openable window requirements for fire safety and emergency exit purposes, even when mechanical ventilation is used. The text was also updated to explicitly name the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) as the standards authority and added a new residential ventilation standard.
Scope change
The bill's scope regarding local enforcement authority was narrowed; it now explicitly excludes fire safety and egress requirements from the exemption that allows mechanical ventilation to replace openable windows.
REQUIREMENT

The exemption allowing mechanical ventilation to replace openable windows no longer applies to requirements needed for fire safety or emergency exit (egress) purposes.

TECHNICAL

The standards authority was explicitly identified as the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE).

A new ventilation standard, ASHRAE Standard 62.2 for residential buildings, was added to the list of acceptable standards.

Floor votes · Senate May 14, 2026

How they voted

4810
Passed · 5 other
Total votes 63
May 14, 2026
D Democratic41
37 Yea 1 Nay 3
90% Yea
R Republican22
11 Yea 9 Nay 2
50% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
2
Committee
2
Amendments
1
May 14, 2026
Committee
REFERRED TO HOUSING
lower
May 14, 2026
Upper · Passed
PASSED SENATE
upper
May 11, 2026
Upper · Passed
AMENDED ON THIRD READING 9742A
upper
Apr 2, 2026
Committee
REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Brian Kavanagh
Brian Kavanagh
DDemocratic
NY
27