NY State Senate Bill 2021-S2016

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Jan 16, 2021	referred to housing, construction and community development

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2021-S2016 (ACTIVE) - Details

See Assembly Version of this Bill:: A2128
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §26, Mult Dwell L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3820, A5026
2023-2024: S353, A3514

2021-S2016 (ACTIVE) - Summary

Relates to the definition of floor area and what is excluded in the measurement of floor area.

2021-S2016 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2016

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to the definition
of floor area

 
PURPOSE:

The purpose of this bill is to amend the definition of floor area to
prevent the misuse of mechanical voids to increase the height of
skyscrapers.

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph and paragraph b of subdivision 2
of section 26 of the multiple dwelling law, the opening paragraph and
paragraph b as amended by chapter 748 of the laws of 1961 and subpara-
graph 1 of paragraph b as amended by chapter 857 of the laws of 1985 to
redefine the term "floor area."

Section two sets forth the effective date.

 
JUSTIFICATION:

New building development has an inalterable effect, for better or worse,
on the surrounding local community. To try to manage these strains, both
contextually and on local infrastructure, floor-area-ratio (FAR) limits
are set to put a size cap on new development in a given area. Unfortu-
nately, through vagaries in the multiple dwelling law that allow devel-
opers to exploit local zoning loopholes, developers are often able to
circumvent these restrictions. Some of the loopholes increasingly
exploited, pertains to mechanical void spaces, ceiling heights and
shared balcony loopholes, which are not counted toward the FAR, thus
allowing developers to build higher than would otherwise be permitted.

Mechanical voids are spaces in buildings - sometimes spanning across
multiple floors - where mechanical infrastructure, such as HVAC systems,
are housed. Because mechanical void space is not counted toward the
building's total FAR, developers often creatively locate mechanical void
space throughout a building, as opposed to hosing it in the basement or
on the roof, to add additional height to their building.  Similarly,
because it is not counted towards FAR, developers will often increase
the ceiling heights on individual floors to increase overall building
height. These loopholes also extend to terraces, balconies and porches,
the floor area of which is not currently counted toward total FAR.

This legislation aims to ensure developers are building within the
intention of the multiple dwelling law by closing existing loopholes.
This legislation imposes restrictions on the size of allowable mechan-
ical voids, sets a ceiling height cap of 12 feet for a given floor's
area to only be counted once and ensures that balconies and terraces
will be counted towards a building's total floor area.  Through this
added specificity, communities across the state will be able to better
control the scale of new development.

 
LEGISLATIVE HISTORY:

2019-2020: S.3820-A - Referred to Housing, Construction, and Community
Development/A.5026-A - Referred to Housing

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S2016 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2016
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by Sens. JACKSON, BIAGGI, GOUNARDES, HOYLMAN, KRUEGER, SALA-
   ZAR, SERRANO -- 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 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
 EXCESS  OF  FORTY-EIGHT  FEET SHALL BE COUNTED FIVE TIMES. HOWEVER, WHEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00544-01-1

 S. 2016                             2
 
 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.

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Senate Bill S2016

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2021-S2016 (ACTIVE) - Details

2021-S2016 (ACTIVE) - Summary

2021-S2016 (ACTIVE) - Sponsor Memo

2021-S2016 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2016

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2021-S2016 (ACTIVE) - Details

2021-S2016 (ACTIVE) - Summary

2021-S2016 (ACTIVE) - Sponsor Memo

2021-S2016 (ACTIVE) - Bill Text download pdf

Comments