Assembly Bill A2239

2023-2024 Legislative Session

Relates to authorizing the creation of an air rights database for the city of New York

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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-A2239 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Add §11-203.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2017-2018: A3825
2019-2020: A328
2021-2022: A130

2023-A2239 (ACTIVE) - Summary

Authorizes the commissioner of the New York city department of finance to create an air rights database recording transfers of such unused development rights.

2023-A2239 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2239
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to recording interests in air rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 11-203.1 to read as follows:
   §  11-203.1  MAPS  AND RECORDS; AIR RIGHTS. A. AS USED IN THIS SECTION
 "AIR RIGHTS" MEANS THE UNUSED DEVELOPMENT RIGHTS ABOVE  THE  SURFACE  OF
 THE  EARTH,  PERMITTED  TO A LOT, PARCEL, OR AREA OF LAND UNDER A ZONING
 ORDINANCE, REMAINING WHEN AN ACTUAL FLOOR AREA IS LESS THAN THE  MAXIMUM
 AMOUNT OF FLOOR AREA PERMISSIBLE ON SUCH LOT.
   B.  NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMIS-
 SIONER OF THE DEPARTMENT OF FINANCE, IN COLLABORATION WITH THE CHAIR  OF
 THE  DEPARTMENT  OF  CITY  PLANNING,  SHALL  DEVELOP OR UPDATE A SINGLE,
 SEARCHABLE DATABASE THAT INCLUDES:
   (1) THE DATE OF THE TRANSACTION OR TRANSFER OF AIR RIGHTS;
   (2) THE SQUARE FOOTAGE OF AIR RIGHTS TRANSFERRED;
   (3) ANY CONSIDERATION EXCHANGED FOR THE AIR RIGHTS;
   (4) THE PHYSICAL ADDRESS OF THE PROPERTY WHERE THE AIR  RIGHTS  ORIGI-
 NATED  AND THE PHYSICAL ADDRESS OF THE PROPERTY WHERE THE AIR RIGHTS ARE
 BEING TRANSFERRED;
   (5) ANY OTHER ASSETS OF VALUE INCLUDED IN THE TRANSACTION;
   (6) THE IDENTITIES OF THE BUYER AND SELLER; AND
   (7) THE DISCLOSURE OF THE BUYER'S AND SELLER'S LEGAL ADDRESS AND OTHER
 RELEVANT CONTACT INFORMATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00021-01-3

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