Bill Text: NY A02128 | 2021-2022 | 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 33-0)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A02128 Detail]

Download: New_York-2021-A02128-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2128

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED, SEAWRIGHT, BARRON,
          STIRPE, CARROLL, COLTON, EPSTEIN,  TAYLOR,  SIMON,  BENEDETTO,  GLICK,
          DINOWITZ,  RICHARDSON,  NIOU,  DE LA ROSA,  QUART, DICKENS, FERNANDEZ,
          AUBRY, RODRIGUEZ, REYES, MAGNARELLI, WALLACE,  WALKER  --  Multi-Spon-
          sored  by  --  M. of A. COOK, GRIFFIN -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00544-01-1
        A. 2128                             2

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