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A05026 Summary:

BILL NOA05026A
 
SAME ASSAME AS S03820-A
 
SPONSORRosenthal L
 
COSPNSRGottfried, Seawright, Mosley, Barron, Ortiz, Stirpe, Carroll, Colton, Epstein, Taylor, Arroyo, Simon, D'Urso, Benedetto, Glick, Dinowitz, Richardson, Niou, De La Rosa, Quart, Dickens, Simotas, Fernandez, Aubry, Rodriguez, Blake, Reyes
 
MLTSPNSRCook, Griffin, Lentol, Wright
 
Amd 26, Mult Dwell L
 
Relates to the definition of floor area and what is excluded in the measurement of floor area.
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A05026 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5026A
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the multiple dwelling law, in relation to the definition of floor area   PURPOSE: This bill relates to the definition of floor area.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the opening paragraph and paragraph b of subdivision 2 of section 26 of the multiple dwelling law, the opening paragraph and paragraph b as amended by chapter 748 of the laws of 1961 and subpara- graph 1 of paragraph b as amended by chapter 857 of the laws of 1985. Section two sets forth the effective date.   JUSTIFICATION: New building development has an inalterable effect, for better or worse, on the surrounding local community. To try to manage these strains, both contextually and on local infrastructure, floor-area-ratio (FAR) limits are set to put a size cap on new development in a given area. Unfortu- nately, through vagaries in the multiple dwelling law that allow devel- opers to exploit local zoning loopholes, developers are often able to circumvent these restrictions. Some of the loopholes increasingly exploited, pertains to mechanical void spaces, ceiling heights and shared balcony loopholes, which are not counted toward the FAR, thus allowing developers to build higher than would otherwise be permitted. Mechanical voids are spaces in buildings - sometimes spanning across multiple floors - where mechanical infrastructure, such as HVAC systems, are housed. Because mechanical void space is not counted toward the building's total FAR, developers often creatively locate mechanical void space throughout a building, as opposed to hosing it in the basement or on the roof, to add additional height to their building. Similarly, because it is not counted towards FAR, developers will often increase the ceiling heights on individual floors to increase overall building height. These loopholes also extend to terraces, balconies and porches, the floor area of which is not currently counted toward total FAR. This legislation aims to ensure developers are building within the intention of the multiple dwelling law by closing existing loopholes. This legislation imposes restrictions on the size of allowable mechan- ical voids, sets a ceiling height cap of 12 feet for a given floor's area to only be counted once and ensures that balconies and terraces will be counted towards a building's total floor area. Through this added specificity, communities across the state will be able to better control the scale of new development.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately after it shall have become a law.
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A05026 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5026--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED, SEAWRIGHT, MOSLEY,
          BARRON, ORTIZ,  STIRPE,  CARROLL,  COLTON,  EPSTEIN,  TAYLOR,  ARROYO,
          SIMON,   D'URSO,   BENEDETTO,   GLICK,   DINOWITZ,  RICHARDSON,  NIOU,
          DE LA ROSA, QUART,  DICKENS,  SIMOTAS,  FERNANDEZ,  AUBRY,  RODRIGUEZ,
          BLAKE  -- Multi-Sponsored by -- M. of A. COOK, GRIFFIN, LENTOL, WRIGHT
          -- read once and referred to the Committee  on  Housing  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the multiple dwelling law, in relation to the definition
          of floor area
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph and paragraph b of subdivision  2  of
     2  section 26 of the multiple dwelling law, the opening paragraph and para-
     3  graph b as amended by chapter 748 of the laws of 1961 and subparagraph 1
     4  of  paragraph  b  as  amended  by  chapter  857 of the laws of 1985, are
     5  amended to read as follows:
     6    For the purpose of this section certain words are defined herein  but,
     7  except  where specified, such definitions shall not be held to modify or
     8  affect legal interpretations of such terms or words as used in any local
     9  law, ordinance, rule or regulation and shall apply in  addition  to  and
    10  not in substitution for the provisions of section four of this chapter.
    11    b.  "Floor  area": the sum of the gross horizontal areas of all of the
    12  several floors of a dwelling or dwellings and accessory structures on  a
    13  lot  measured  from  the  exterior  faces  of exterior walls or from the
    14  center line of party walls, (i) except that  notwithstanding  any  other
    15  provision  of law, general, special, or local, any such areas with floor
    16  to structural ceiling height greater than twelve feet and less  than  or
    17  equal  to  twenty-four  feet shall be counted twice, any such areas with
    18  floor to structural ceiling height greater  than  twenty-four  feet  and
    19  less  than or equal to thirty-six feet shall be counted three times, any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06054-02-9

        A. 5026--A                          2
 
     1  such areas with floor to structural ceiling height greater than  thirty-
     2  six  feet  and  less  than or equal to forty-eight feet shall be counted
     3  four times, and any area with floor  to  structural  ceiling  height  in
     4  excess  of  forty-eight  feet shall be counted five times. However, when
     5  such areas are on the ground floor of any dwelling or  dwellings,  their
     6  height  up to and including twenty feet from floor to structural ceiling
     7  shall be counted only once.
     8    (ii) Notwithstanding any other provision of law, general, special,  or
     9  local,  space  used  for  mechanical equipment will be counted as "floor
    10  area" to the extent that it exceeds five percent of the gross horizontal
    11  areas of all of the several floors of a dwelling or dwellings.
    12    (iii) Notwithstanding any other provision of law, general, special, or
    13  local, "floor area" will include any open areas located under the dwell-
    14  ing or dwellings when viewed directly from above.  Such  areas  will  be
    15  measured  from the exterior faces of vertical extensions of the exterior
    16  walls of the building that inscribe the open space  so  covered  by  the
    17  dwelling  or  dwellings. Such open areas covered by buildings with floor
    18  to structural ceiling height in excess of twelve feet shall  be  counted
    19  twice,  open areas covered by buildings with floor to structural ceiling
    20  height in excess of twenty-four feet shall be counted three times,  open
    21  areas  covered  by  buildings with floor to structural ceiling height in
    22  excess of thirty-six feet  shall  be  counted  four  times,  open  areas
    23  covered  by  buildings with floor to structural ceiling height in excess
    24  of forty-eight feet shall be counted five times.   The  following  areas
    25  shall be excluded from floor area:
    26    (1) cellar space;
    27    (2) attic space providing head room of less than eight feet;
    28    (3)  space  for  mechanical  equipment,  except  as  specified in this
    29  section;
    30    (4) elevator and stair bulkheads, rooftop tanks and cooling towers;
    31    (5) open or roofed terraces, exterior balconies or porches,  uncovered
    32  steps  and open porte-cocheres or breezeways abutting or adjoining grade
    33  entrances that are located beyond the exterior walls of the dwelling  or
    34  dwellings when viewed directly from above;
    35    (6) accessory space used for off-street motor vehicle parking or stor-
    36  age.
    37    § 2. This act shall take effect immediately.
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