Bill Text: NY S00353 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00353 Detail]

Download: New_York-2023-S00353-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           353

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  JACKSON,  GOUNARDES,  HOYLMAN,  KRUEGER, SALAZAR,
          SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
          to be committed to the Committee on Housing, Construction and Communi-
          ty Development

        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
        S. 353                              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.