The New York State Senate

                    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.