|SAME AS||SAME AS S03820-A|
|COSPNSR||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, Reyes, Magnarelli, Wallace, Walker|
|MLTSPNSR||Cook, 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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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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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. LBD06054-02-9A. 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.