Senate Bill S2396

2023-2024 Legislative Session

Ensures zoning lot mergers do not create any new non-compliance with applicable, pre-existing zoning regulations

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S2396 (ACTIVE) - Details

See Assembly Version of this Bill:
A1825
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Multiple Dwelling Law
Laws Affected:
Add §15, Mult Dwell L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8002, A9961
2021-2022: S2009, A628

2023-S2396 (ACTIVE) - Summary

Ensures zoning lot mergers do not create any new non-compliance with applicable, pre-existing zoning regulations for multiple dwellings in a city having a population of five million or more.

2023-S2396 (ACTIVE) - Sponsor Memo

2023-S2396 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2396
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06675-01-3
 S. 2396                             2
              

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