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.