The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5026

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2019
                               ___________

Introduced  by  M.  of  A.  L. ROSENTHAL,  GOTTFRIED, SEAWRIGHT, MOSLEY,
  BARRON, ORTIZ -- 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:

  Section  1.  The opening paragraph and paragraph b of subdivision 2 of
section 26 of the multiple dwelling law, the opening paragraph and para-
graph b as amended by chapter 748 of the laws of 1961 and subparagraph 1
of paragraph b as amended by chapter  857  of  the  laws  of  1985,  are
amended to read as follows:
  For  the purpose of this section certain words are defined herein but,
EXCEPT WHERE SPECIFIED, such definitions shall not be held to modify  or
affect legal interpretations of such terms or words as used in any local
law,  ordinance,  rule  or regulation and shall apply in addition to and
not in substitution for the provisions of section four of this chapter.
  b. "Floor area": the sum of the gross horizontal areas of all  of  the
several  floors of a dwelling or dwellings and accessory structures on a
lot measured from the exterior faces  of  exterior  walls  or  from  the
center  line  of  party  walls,  except  THAT  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, GENERAL, SPECIAL, OR LOCAL, ANY  HABITABLE  AREA  WITH
FLOOR TO CEILING HEIGHT IN EXCESS OF TWELVE FEET SHALL BE COUNTED TWICE,
ANY HABITABLE AREA WITH FLOOR TO CEILING HEIGHT IN EXCESS OF TWENTY-FOUR
FEET  SHALL  BE  COUNTED  THREE  TIMES, ANY HABITABLE AREA WITH FLOOR TO
CEILING HEIGHT IN EXCESS OF THIRTY-SIX FEET SHALL BE COUNTED FOUR TIMES,
AND ANY HABITABLE AREA WITH FLOOR TO CEILING HEIGHT IN EXCESS OF  FORTY-
EIGHT  FEET  SHALL  BE  COUNTED FIVE TIMES. THE FOLLOWING AREAS SHALL BE
EXCLUDED FROM FLOOR AREA:
  (1) cellar space;
  (2) attic space providing head room of less than eight feet;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06054-01-9

A. 5026                             2

  (3) space for mechanical equipment, EXCEPT  THAT  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  LAW, GENERAL, SPECIAL, OR LOCAL, SUCH SPACE IS NOT
EXCLUDABLE FROM "FLOOR AREA" UNLESS IT IS LESS THAN FIVE PERCENT OF  THE
GROSS  HORIZONTAL  AREAS  OF  ALL OF THE SEVERAL FLOORS OF A DWELLING OR
DWELLINGS AND MEASURES LESS THAN TWENTY FEET FLOOR TO FLOOR;
  (4) elevator and stair bulkheads, ROOFTOP tanks and cooling towers;
  (5)  open or roofed terraces, exterior balconies or porches, uncovered
steps and open porte-cocheres or breezeways abutting or adjoining  grade
entrances,  EXCEPT  THAT  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW,
GENERAL, SPECIAL, OR LOCAL, SUCH SPACE IS  NOT  EXCLUDABLE  FROM  "FLOOR
AREA"  UNLESS IT IS LOCATED BEYOND THE EXTERIOR WALLS OF THE DWELLING OR
DWELLINGS WHEN VIEWED DIRECTLY FROM ABOVE;
  (6) accessory space used for off-street motor vehicle parking or stor-
age.
  § 2. This act shall take effect immediately.