Bill Text: NY S02016 | 2021-2022 | 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 9-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02016 Detail]

Download: New_York-2021-S02016-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2016

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by Sens. JACKSON, BIAGGI, GOUNARDES, HOYLMAN, KRUEGER, SALA-
          ZAR, SERRANO -- 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, (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
    23  excess  of  forty-eight  feet shall be counted five times. However, when

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00544-01-1

        S. 2016                             2

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