S T A T E O F N E W Y O R K
________________________________________________________________________
1627
2025-2026 Regular Sessions
I N A S S E M B L Y
January 10, 2025
___________
Introduced by M. of A. 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 16 to read as follows:
§ 16. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04097-01-5
A. 1627 2
REASONS, NOR SHALL SUCH LOT OR LOTS HAVE THEMSELVES PREVIOUSLY HAVE BEEN
RECIPIENTS OF TRANSFERRED FLOOR AREA; AND
(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.