Bill Text: NY S03820 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-02-15 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03820 Detail]

Download: New_York-2019-S03820-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3820
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 15, 2019
                                       ___________
        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community 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,  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

        S. 3820                             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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