The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3514
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, SEAWRIGHT, STIRPE, CARROLL, COLTON,
   EPSTEIN,  TAYLOR,  SIMON,  BENEDETTO, GLICK, DINOWITZ, DICKENS, AUBRY,
   MAGNARELLI, WALLACE, WALKER, GALLAGHER, DAVILA, GONZALEZ-ROJAS, ZINER-
   MAN, BICHOTTE HERMELYN -- Multi-Sponsored by -- M. of A. COOK --  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, (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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02368-01-3

 A. 3514                             2
 
 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.