Assembly Bill A328

2019-2020 Legislative Session

Relates to authorizing the creation of an air rights database for the city of New York

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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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2019-A328 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §11-203.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2017-2018: A3825
2021-2022: A130
2023-2024: A2239

2019-A328 (ACTIVE) - Summary

Authorizes the commissioner of the New York city department of finance to create an air rights database recording transfers of such unused development rights.

2019-A328 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    328
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to recording interests in air rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 11-203.1 to read as follows:
   §  11-203.1  MAPS  AND RECORDS; AIR RIGHTS. A. AS USED IN THIS SECTION
 "AIR RIGHTS" MEANS THE UNUSED DEVELOPMENT RIGHTS ABOVE  THE  SURFACE  OF
 THE  EARTH,  PERMITTED  TO A LOT, PARCEL, OR AREA OF LAND UNDER A ZONING
 ORDINANCE, REMAINING WHEN AN ACTUAL FLOOR AREA IS LESS THAN THE  MAXIMUM
 AMOUNT OF FLOOR AREA PERMISSIBLE ON SUCH LOT.
   B.  NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER
 OF THE DEPARTMENT OF FINANCE, IN COLLABORATION WITH  THE  CHAIR  OF  THE
 DEPARTMENT  OF CITY PLANNING, SHALL DEVELOP OR UPDATE A SINGLE, SEARCHA-
 BLE DATABASE THAT INCLUDES:
   (1) THE DATE OF THE TRANSACTION OR TRANSFER OF AIR RIGHTS;
   (2) THE SQUARE FOOTAGE OF AIR RIGHTS TRANSFERRED;
   (3) ANY CONSIDERATION EXCHANGED FOR THE AIR RIGHTS;
   (4) THE PHYSICAL ADDRESS OF THE PROPERTY WHERE THE AIR  RIGHTS  ORIGI-
 NATED  AND THE PHYSICAL ADDRESS OF THE PROPERTY WHERE THE AIR RIGHTS ARE
 BEING TRANSFERRED;
   (5) ANY OTHER ASSETS OF VALUES INCLUDED IN THE TRANSACTION;
   (6) THE IDENTITIES OF THE BUYER AND SELLER; AND
   (7) THE DISCLOSURE OF THE BUYER'S AND SELLER'S LEGAL ADDRESS AND OTHER
 RELEVANT CONTACT INFORMATION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01519-01-9
              

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