Assembly Bill A628

2021-2022 Legislative Session

Ensures zoning lot mergers do not create any new non-compliance with applicable, pre-existing zoning regulations

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A628 (ACTIVE) - Details

See Senate Version of this Bill:
S2009
Current Committee:
Assembly Housing
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §15, Mult Dwell L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9961, S8002
2023-2024: A1825, S2396

2021-A628 (ACTIVE) - Summary

Ensures zoning lot mergers do not create any new non-compliance with applicable, pre-existing zoning regulations for multiple dwellings in a city having a population of five million or more.

2021-A628 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    628
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple  dwelling  law,  in  relation  to  ensuring
   zoning  lot mergers do not create any new non-compliance with applica-
   ble, pre-existing zoning regulations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 15 to read as follows:
   § 15. ZONING LOT MERGERS; NON-COMPLIANCE WITH APPLICABLE  PRE-EXISTING
 ZONING REGULATIONS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "TAX  LOT"  SHALL  MEAN A PARCEL OF LAND IDENTIFIED WITH A UNIQUE
 BOROUGH, BLOCK AND LOT NUMBER FOR PROPERTY TAX.
   (B) "ZONING LOT DEVELOPMENT AGREEMENT" SHALL MEAN A CONTRACT TO TRANS-
 FER FLOOR AREA FROM ONE PARCEL OF LAND TO ANOTHER AND PERMITS A DEVELOP-
 ER TO UTILIZE THE ADJOINING PROPERTY'S FLOOR AREA TO CONSTRUCT A  BUILD-
 ING  THAT  IS  LARGER  THAN  WOULD  BE  PERMITTED  ON  THE  PARCEL BEING
 DEVELOPED.
   2. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO MULTIPLE  DWELLINGS
 IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE.
   3. NO LOT RESULTING FROM A MERGER WITH ANY OTHER LOT FOR TAX, ADMINIS-
 TRATIVE,  ZONING,  OR DEVELOPMENT PURPOSES SHALL CREATE ANY NEW NON-COM-
 PLIANCE WITH THE APPLICABLE, PRE-EXISTING ZONING REGULATIONS.
   4. TRANSFER OF FLOOR AREA FROM ONE TAX LOT TO ANOTHER SHALL ONLY  TAKE
 PLACE SUBJECT TO THE FOLLOWING CONDITIONS:
   (A)  THE  TRANSFER SHALL NOT COME FROM MORE THAN TWO ADJACENT TAX LOTS
 WHICH RESULT IN MORE THAN A TWENTY PERCENT INCREASE IN  FLOOR  AREA  FOR
 THE  RECEIVING LOT PRIOR TO ANY LOT MERGER AND SHALL NOT RESULT IN A LOT
 WITH ANY NEW NON-COMPLIANCE WITH EXISTING ZONING REGULATIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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