S T A T E O F N E W Y O R K
________________________________________________________________________
894
2023-2024 Regular Sessions
I N S E N A T E
January 9, 2023
___________
Introduced by Sen. HOYLMAN -- 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 prohibiting
the issuance of a permit for the construction of a new multiple dwell-
ing unless the multiple dwelling contains the minimum number of dwell-
ing units required for the lot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 300 of the multiple dwelling law is amended by
adding a new subdivision 9 to read as follows:
9. THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR THE CONSTRUCTION OF A
NEW MULTIPLE DWELLING UNLESS THE MULTIPLE DWELLING CONTAINS THE MINIMUM
NUMBER OF DWELLING UNITS REQUIRED FOR THE LOT OR LOTS ON WHICH THE
MULTIPLE DWELLING WILL BE CONSTRUCTED. THE MINIMUM NUMBER OF DWELLING
UNITS REQUIRED SHALL BE THE LESSER OF:
A. THE TOTAL NUMBER OF DWELLING UNITS IN ALL BUILDINGS THAT EXISTED ON
THE LOT OR LOTS PRIOR TO ANY SUCH BUILDING'S DEMOLITION FOR THE
CONSTRUCTION OF THE NEW MULTIPLE DWELLING, INCLUDING ANY UNITS THAT HAD
BEEN A DWELLING UNIT AT ANY TIME BUT WERE CONVERTED TO NON-RESIDENTIAL
USE; OR
B. THE MAXIMUM NUMBER OF DWELLING UNITS THAT WOULD BE PERMITTED BY
RELEVANT LOCAL ZONING AND BUILDING CODES.
§ 2. This act shall take effect immediately and shall apply to any
applications for permits filed or pending on or after such effective
date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03658-01-3