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A05026 Summary:

BILL NOA05026
 
SAME ASSAME AS S03820
 
SPONSORRosenthal L
 
COSPNSRGottfried, Seawright, Mosley, Barron, Ortiz, Stirpe, Carroll, Colton, Epstein, Taylor, Arroyo, Simon, D'Urso, Benedetto, Glick
 
MLTSPNSRCook, Griffin, 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 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5026
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED, SEAWRIGHT, MOSLEY,
          BARRON, ORTIZ -- read once and referred to the Committee on Housing
 
        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,  except  that  notwithstanding any other
    15  provision of law, general, special, or local, any  habitable  area  with
    16  floor to ceiling height in excess of twelve feet shall be counted twice,
    17  any habitable area with floor to ceiling height in excess of twenty-four
    18  feet  shall  be  counted  three  times, any habitable area with floor to
    19  ceiling height in excess of thirty-six feet shall be counted four times,
    20  and any habitable area with floor to ceiling height in excess of  forty-
    21  eight  feet  shall  be  counted five times. The following areas shall be
    22  excluded from floor area:
    23    (1) cellar space;
    24    (2) attic space providing head room of less than eight feet;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06054-01-9

        A. 5026                             2
 
     1    (3) space for mechanical equipment, except  that  notwithstanding  any
     2  other  provision  of  law, general, special, or local, such space is not
     3  excludable from "floor area" unless it is less than five percent of  the
     4  gross  horizontal  areas  of  all of the several floors of a dwelling or
     5  dwellings and measures less than twenty feet floor to floor;
     6    (4) elevator and stair bulkheads, rooftop tanks and cooling towers;
     7    (5)  open or roofed terraces, exterior balconies or porches, uncovered
     8  steps and open porte-cocheres or breezeways abutting or adjoining  grade
     9  entrances,  except  that  notwithstanding  any  other  provision of law,
    10  general, special, or local, such space is  not  excludable  from  "floor
    11  area"  unless it is located beyond the exterior walls of the dwelling or
    12  dwellings when viewed directly from above;
    13    (6) accessory space used for off-street motor vehicle parking or stor-
    14  age.
    15    § 2. This act shall take effect immediately.
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