Bill Text: NY A01825 | 2023-2024 | General Assembly | Introduced

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Bill Title: Ensures zoning lot mergers do not create any new non-compliance with applicable, pre-existing zoning regulations for multiple dwellings in a city having a population of five million or more.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to housing [A01825 Detail]

Download: New_York-2023-A01825-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1825

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing

        AN ACT to amend the multiple  dwelling  law,  in  relation  to  ensuring
          zoning  lot mergers do not create any new non-compliance with applica-
          ble, pre-existing zoning regulations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
     2  section 15 to read as follows:
     3    § 15. Zoning lot mergers; non-compliance with applicable  pre-existing
     4  zoning regulations. 1. For the purposes of this section:
     5    (a)  "Tax  lot"  shall  mean a parcel of land identified with a unique
     6  borough, block and lot number for property tax.
     7    (b) "Zoning lot development agreement" shall mean a contract to trans-
     8  fer floor area from one parcel of land to another and permits a develop-
     9  er to utilize the adjoining property's floor area to construct a  build-
    10  ing  that  is  larger  than  would  be  permitted  on  the  parcel being
    11  developed.
    12    2. The requirements of this section shall apply to multiple  dwellings
    13  in a city having a population of five million or more.
    14    3. No lot resulting from a merger with any other lot for tax, adminis-
    15  trative,  zoning,  or development purposes shall create any new non-com-
    16  pliance with the applicable, pre-existing zoning regulations.
    17    4. Transfer of floor area from one tax lot to another shall only  take
    18  place subject to the following conditions:
    19    (a)  The  transfer shall not come from more than two adjacent tax lots
    20  which result in more than a twenty percent increase in  floor  area  for
    21  the  receiving lot prior to any lot merger and shall not result in a lot
    22  with any new non-compliance with existing zoning regulations;
    23    (b) The lot or lots  transferring  floor  area  shall  not  have  been
    24  subject  to  a  previous  merger for tax, administrative, or development

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06675-01-3
        A. 1825                             2

     1  reasons, nor shall such lot or lots have themselves previously have been
     2  recipients of transferred floor area; and
     3    (c)  The  receiving tax lot shall not also be the recipient of a floor
     4  area bonus for the  provision  of  affordable  inclusionary  housing  or
     5  providing  mandatory  inclusionary housing pursuant to the zoning resol-
     6  ution for the city of New York.
     7    5. The department shall maintain a publicly  accessible  database  and
     8  map of tax lots that indicate a floor area transfer has occurred or lots
     9  have  been  merged  and include an online version of the relevant zoning
    10  lot development agreement.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law.