Assembly Bill A6956

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6956
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GLICK, LEE, SIMON, DINOWITZ, EPSTEIN, TAPIA,
   BURDICK -- read once and referred to the Committee on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to authorizing  a
   city  of one million or more to remove the cap on the floor area ratio
   of certain dwellings being converted from non-residential to  residen-
   tial units
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 26 of the multiple  dwelling  law,
 as  amended  by  chapter  748 of the laws of 1961, is amended to read as
 follows:
   3. Floor area ratio (FAR). [The] A. EXCEPT AS  OTHERWISE  PROVIDED  IN
 AND  DETERMINED  UNDER  A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY
 WITH A POPULATION OF ONE MILLION OR MORE, AND  IN  ACCORDANCE  WITH  THE
 REQUIREMENTS  OF  PARAGRAPH  B OF THIS SUBDIVISION, THE floor area ratio
 (FAR) of any dwelling or dwellings on  a  lot  shall  not  exceed  12.0,
 except  that a fireproof class B dwelling in which six or more passenger
 elevators are maintained and operated in any city having a local  zoning
 law, ordinance or resolution restricting districts in such city to resi-
 dential  use,  may  be erected in accordance with the provisions of such
 zoning law, ordinance or resolution, if such class B dwelling is erected
 in a district no part of which is restricted by such zoning  law,  ordi-
 nance or resolution to residential uses.
   B. ANY ZONING LAW, ORDINANCE, OR RESOLUTION ALLOWING FOR A DWELLING OR
 DWELLINGS  TO  EXCEED  A FLOOR AREA RATIO OF 12.0 IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE, PURSUANT TO PARAGRAPH A OF THIS  SUBDIVI-
 SION, SHALL:
   (1)  APPLY  ONLY  WHERE  SUCH  FLOOR AREA RATIO OF 12.0 IS EXCEEDED BY
 CONVERTING EXISTING NON-RESIDENTIAL  FLOOR  AREA  TO  RESIDENTIAL  FLOOR
 AREA;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10723-03-3
 A. 6956                             2
              

 
   (2)  REQUIRE  THAT  NO  LESS  THAN  FORTY PERCENT OF THE UNITS IN SUCH
 DWELLING OR DWELLINGS ARE AFFORDABLE TO AND OCCUPIED, OR  AVAILABLE  FOR
 OCCUPANCY,  BY INDIVIDUALS OR FAMILIES WHOSE INCOMES DO NOT EXCEED SIXTY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY  SIZE,  AND  THAT
 ANY  INCREASE  OF THE INITIAL RENT OR ANY SUBSEQUENT SALE OR RENT OF ANY
 SUCH UNITS SHALL BE AFFORDABLE FOR SUCH INDIVIDUALS OR FAMILIES PURSUANT
 TO ANNUAL GUIDELINES ADOPTED BY THE RENT GUIDELINES BOARD WITH JURISDIC-
 TION OVER SUCH DWELLING OR DWELLINGS;
   (3) REQUIRE THAT ANY WORK TO CONVERT  NON-RESIDENTIAL  FLOOR  AREA  TO
 RESIDENTIAL FLOOR AREA IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARA-
 GRAPH,  WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS OR MECHAN-
 ICS, SHALL BE CONSIDERED PUBLIC WORK FOR THE PURPOSES OF  ARTICLE  EIGHT
 OF  THE  LABOR  LAW, AND ANY CONTRACTS OR SUBCONTRACTS WHICH MAY INVOLVE
 THE EMPLOYMENT OF SUCH LABORERS, WORKERS OR MECHANICS SHALL BE ENFORCEA-
 BLE UNDER ARTICLE EIGHT OF THE LABOR LAW, PROVIDED, HOWEVER,  THAT  SUCH
 REQUIREMENT  UNDER  THIS  SUBPARAGRAPH  SHALL  NOT APPLY TO CONSTRUCTION
 PERFORMED PURSUANT TO A PROJECT  LABOR  AGREEMENT  THAT  IS  A  PRE-HIRE
 COLLECTIVE  BARGAINING  AGREEMENT  GOVERNING THE TERMS AND CONDITIONS OF
 EMPLOYMENT ENTERED INTO BY A CONSTRUCTION USER AND/OR ITS REPRESENTATIVE
 AND A BONA FIDE  BUILDING  AND  CONSTRUCTION  TRADE  LABOR  ORGANIZATION
 ESTABLISHING  THE LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRE-
 SENTATIVE FOR SUCH LABORERS, WORKERS AND MECHANICS;
   (4) PROHIBIT THE CONVERSION OF FLOOR AREA CONTAINED WITHIN AN  INTERIM
 MULTIPLE  DWELLING, AS DEFINED BY SECTION TWO HUNDRED EIGHTY-ONE OF THIS
 CHAPTER, FOR WHICH AN APPLICATION FOR COVERAGE UNDER ARTICLE SEVEN-C  OF
 THIS  CHAPTER  HAS  BEEN FILED AND HAS RECEIVED A DOCKET NUMBER FROM THE
 LOFT BOARD ESTABLISHED PURSUANT TO SECTION  TWO  HUNDRED  EIGHTY-TWO  OF
 THIS CHAPTER; AND
   (5)  PROHIBIT  THE  CONVERSION  OF  FLOOR  AREA CONTAINED WITHIN JOINT
 LIVING-WORK QUARTERS FOR ARTISTS, AS DEFINED BY  SECTION  12-10  OF  THE
 ZONING  RESOLUTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE,
 OCCUPIED BY ANY PERSONS ENTITLED TO OCCUPANCY OF SUCH JOINT  LIVING-WORK
 QUARTERS  UNDER  ARTICLE  SEVEN-B  OF THIS CHAPTER AND SUCH LOCAL ZONING
 RESOLUTION.
   § 2. This act shall take effect immediately.