Senate Bill S6760

                                 BILL NUMBER:  S6760

 TITLE OF BILL :  An act to amend the multiple dwelling law, in
relation to the floor area ratio (FAR) in the city of New York

 SUMMARY OF PROVISIONS :

The bill amends subdivision 3 of section 26 of the Multiple Dwelling
Law to permit the City of New York to replace the floor area ratio
(FAR) limit set forth in the Multiple Dwelling Law with limits
established in the New York City Zoning Resolution.

 REASONS FOR SUPPORT :

This bill would allow the City of New York, through its zoning
amendment procedure as specified in the City Charter, and subject to
environmental review, to establish appropriate densities for the
development of new or enlarged residential multiple dwellings.

The City of New York is experiencing a severe shortage of housing at
all income levels. The current 12.0 FAR restriction in the Multiple
Dwelling Law represents an undue constraint on the land use decision
making of the city government and its ability to enact zoning that
addresses the housing needs of its population. Sufficient procedures
exist, in the New York City Charter Uniform Land Use Review Procedure
(ULURP) and the City Environmental Quality Review (CEQR) Procedure, to
              

ensure that the adverse impacts, if any, of proposed zoning changes
will be duly considered, the public will have multiple opportunities
to comment upon such proposed changes, with final authority for zoning
changes resting with the New York City Council.

The City of New York should have broad flexibility to determine the
maximum FAR. for residential buildings through careful study and
review pursuant to its land use processes, including, where
appropriate, FARs in excess of the current 12.0 limitation. While the
instances in which residential FARs greater than the current 12.0
limitation will be appropriate are limited by zoning regulations,
including bulk, height and other restrictions applicable in each
zoning district, precedent for such greater density already exists.
New York City's Zoning Resolution, as authorized by Article 7B of the
Multiple Dwelling Law, permits all the floor area of obsolete
nonresidential buildings to be converted to multiple dwellings,
including floor area in excess of 12.0 FAR. The extensive experience
with this provision, over more than 30 years, indicates that multiple
dwellings in excess of 12.0 FAR, when carefully planned, and in the
right context, are appropriate and do not result in inherent land use
impacts requiring a strict prohibition by state law.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.