S T A T E O F N E W Y O R K
________________________________________________________________________
5026--A
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, STIRPE, CARROLL, COLTON, EPSTEIN, TAYLOR, ARROYO,
SIMON, D'URSO, BENEDETTO, GLICK, DINOWITZ, RICHARDSON, NIOU,
DE LA ROSA, QUART, DICKENS, SIMOTAS, FERNANDEZ, AUBRY, RODRIGUEZ,
BLAKE -- Multi-Sponsored by -- M. of A. COOK, GRIFFIN, LENTOL, WRIGHT
-- read once and referred to the Committee on Housing -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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, (I) except THAT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, GENERAL, SPECIAL, OR LOCAL, ANY SUCH AREAS WITH FLOOR
TO STRUCTURAL CEILING HEIGHT GREATER THAN TWELVE FEET AND LESS THAN OR
EQUAL TO TWENTY-FOUR FEET SHALL BE COUNTED TWICE, ANY SUCH AREAS WITH
FLOOR TO STRUCTURAL CEILING HEIGHT GREATER THAN TWENTY-FOUR FEET AND
LESS THAN OR EQUAL TO THIRTY-SIX FEET SHALL BE COUNTED THREE TIMES, ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06054-02-9
A. 5026--A 2
SUCH AREAS WITH FLOOR TO STRUCTURAL CEILING HEIGHT GREATER THAN THIRTY-
SIX FEET AND LESS THAN OR EQUAL TO FORTY-EIGHT FEET SHALL BE COUNTED
FOUR TIMES, AND ANY AREA WITH FLOOR TO STRUCTURAL CEILING HEIGHT IN
EXCESS OF FORTY-EIGHT FEET SHALL BE COUNTED FIVE TIMES. HOWEVER, WHEN
SUCH AREAS ARE ON THE GROUND FLOOR OF ANY DWELLING OR DWELLINGS, THEIR
HEIGHT UP TO AND INCLUDING TWENTY FEET FROM FLOOR TO STRUCTURAL CEILING
SHALL BE COUNTED ONLY ONCE.
(II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, OR
LOCAL, SPACE USED FOR MECHANICAL EQUIPMENT WILL BE COUNTED AS "FLOOR
AREA" TO THE EXTENT THAT IT EXCEEDS FIVE PERCENT OF THE GROSS HORIZONTAL
AREAS OF ALL OF THE SEVERAL FLOORS OF A DWELLING OR DWELLINGS.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL, OR
LOCAL, "FLOOR AREA" WILL INCLUDE ANY OPEN AREAS LOCATED UNDER THE DWELL-
ING OR DWELLINGS WHEN VIEWED DIRECTLY FROM ABOVE. SUCH AREAS WILL BE
MEASURED FROM THE EXTERIOR FACES OF VERTICAL EXTENSIONS OF THE EXTERIOR
WALLS OF THE BUILDING THAT INSCRIBE THE OPEN SPACE SO COVERED BY THE
DWELLING OR DWELLINGS. SUCH OPEN AREAS COVERED BY BUILDINGS WITH FLOOR
TO STRUCTURAL CEILING HEIGHT IN EXCESS OF TWELVE FEET SHALL BE COUNTED
TWICE, OPEN AREAS COVERED BY BUILDINGS WITH FLOOR TO STRUCTURAL CEILING
HEIGHT IN EXCESS OF TWENTY-FOUR FEET SHALL BE COUNTED THREE TIMES, OPEN
AREAS COVERED BY BUILDINGS WITH FLOOR TO STRUCTURAL CEILING HEIGHT IN
EXCESS OF THIRTY-SIX FEET SHALL BE COUNTED FOUR TIMES, OPEN AREAS
COVERED BY BUILDINGS WITH FLOOR TO STRUCTURAL 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;
(3) space for mechanical equipment, EXCEPT AS SPECIFIED IN THIS
SECTION;
(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 THAT ARE 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.