Bill Text: NY A03514 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the definition of floor area and what is excluded in the measurement of floor area.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced) 2024-01-03 - referred to housing [A03514 Detail]

Download: New_York-2023-A03514-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3514

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT, STIRPE, CARROLL, COLTON,
          EPSTEIN,  TAYLOR,  SIMON,  BENEDETTO, GLICK, DINOWITZ, DICKENS, AUBRY,
          MAGNARELLI, WALLACE, WALKER, GALLAGHER, DAVILA, GONZALEZ-ROJAS, ZINER-
          MAN, BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. COOK --  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, (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
    20  such areas with floor to structural ceiling height greater than  thirty-
    21  six  feet  and  less  than or equal to forty-eight feet shall be counted
    22  four times, and any area with floor  to  structural  ceiling  height  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02368-01-3
        A. 3514                             2

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