Assembly Bill A9961

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9961
 
                           I N  A S S E M B L Y
 
                               March 3, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple  dwelling  law,  in  relation  to  ensuring
   zoning  lot mergers do not create any new non-compliance with applica-
   ble, pre-existing zoning regulations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 15 to read as follows:
   § 15. ZONING LOT MERGERS; NON-COMPLIANCE WITH APPLICABLE  PRE-EXISTING
 ZONING REGULATIONS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "TAX  LOT"  SHALL  MEAN A PARCEL OF LAND IDENTIFIED WITH A UNIQUE
 BOROUGH, BLOCK AND LOT NUMBER FOR PROPERTY TAX.
   (B) "ZONING LOT DEVELOPMENT AGREEMENT" SHALL MEAN A CONTRACT TO TRANS-
 FER FLOOR AREA FROM ONE PARCEL OF LAND TO ANOTHER AND PERMITS A DEVELOP-
 ER TO UTILIZE THE ADJOINING PROPERTY'S FLOOR AREA TO CONSTRUCT A  BUILD-
 ING  THAT  IS  LARGER  THAN  WOULD  BE  PERMITTED  ON  THE  PARCEL BEING
 DEVELOPED.
   2. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO MULTIPLE  DWELLINGS
 IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE.
   3. NO LOT RESULTING FROM A MERGER WITH ANY OTHER LOT FOR TAX, ADMINIS-
 TRATIVE,  ZONING,  OR DEVELOPMENT PURPOSES SHALL CREATE ANY NEW NON-COM-
 PLIANCE WITH THE APPLICABLE, PRE-EXISTING ZONING REGULATIONS.
   4. TRANSFER OF FLOOR AREA FROM ONE TAX LOT TO ANOTHER SHALL ONLY  TAKE
 PLACE SUBJECT TO THE FOLLOWING CONDITIONS:
   (A)  THE  TRANSFER SHALL NOT COME FROM MORE THAN TWO ADJACENT TAX LOTS
 WHICH RESULT IN MORE THAN A TWENTY PERCENT INCREASE IN  FLOOR  AREA  FOR
 THE  RECEIVING LOT PRIOR TO ANY LOT MERGER AND SHALL NOT RESULT IN A LOT
 WITH ANY NEW NON-COMPLIANCE WITH EXISTING ZONING REGULATIONS;
   (B) THE LOT OR LOTS  TRANSFERRING  FLOOR  AREA  SHALL  NOT  HAVE  BEEN
 SUBJECT  TO  A  PREVIOUS  MERGER FOR TAX, ADMINISTRATIVE, OR DEVELOPMENT
 REASONS, NOR SHALL SUCH LOT OR LOTS HAVE THEMSELVES PREVIOUSLY HAVE BEEN
 RECIPIENTS OF TRANSFERRED FLOOR AREA; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14337-01-9

 A. 9961                             2
 
   (C) THE RECEIVING TAX LOT SHALL NOT ALSO BE THE RECIPIENT OF  A  FLOOR
 AREA  BONUS  FOR  THE  PROVISION  OF  AFFORDABLE INCLUSIONARY HOUSING OR
 PROVIDING MANDATORY INCLUSIONARY HOUSING PURSUANT TO THE  ZONING  RESOL-
 UTION FOR THE CITY OF NEW YORK.
   5.  THE  DEPARTMENT  SHALL MAINTAIN A PUBLICLY ACCESSIBLE DATABASE AND
 MAP OF TAX LOTS THAT INDICATE A FLOOR AREA TRANSFER HAS OCCURRED OR LOTS
 HAVE BEEN MERGED AND INCLUDE AN ONLINE VERSION OF  THE  RELEVANT  ZONING
 LOT DEVELOPMENT AGREEMENT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.