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A5026Assembly2019-2020 SessionSame asS3820

Change Floor Area Rules

Official title

“Relates to the definition of floor area”

Sponsor Linda RosenthalAD-67+30 co-sponsorsAffects Housing
Status
In Assembly Committee
Housing
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing

What's happening

This bill changes the definition of "floor area" in New York's multiple dwelling law to count extra-tall spaces, certain mechanical areas, and open areas under buildings more heavily in calculations.

Why it matters

  1. Discourages “super-tall” luxury spaces. By counting extra-tall rooms and open areas under buildings multiple times in the floor area calculation, the bill makes it much harder for developers to use high ceilings and open ground-floor spaces to squeeze more marketable square footage out of a building without triggering density limits. This aims to close loopholes that have enabled ultra-luxury buildings to circumvent zoning restrictions.

  2. Limits excessive mechanical space. The bill counts mechanical space as floor area if it exceeds 5% of the total building area, addressing a common tactic where developers add oversized mechanical floors that don’t count against permitted space, thus inflating building size beyond what zoning intended.

  3. Redefines what counts as “open” and “covered” space. Open areas under buildings that are covered by the structure above (such as voids or open-air lobbies) will now be included in floor area calculations—especially if they are tall—preventing developers from using these as loopholes to expand usable space without it counting toward density limits.

  4. May impact affordability and neighborhood character. By tightening these definitions, the bill could encourage smaller, more affordable units and preserve intended neighborhood density, but it could also reduce developers’ flexibility and potentially affect the economics of new housing projects, especially in high-demand areas.

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Who cares

  • Residential developers and building owners

    The bill would count tall spaces multiple times toward floor area, with a ground-floor exception for heights up to twenty feet.

  • Architects and mechanical engineers

    Space used for mechanical equipment would count toward floor area to the extent it exceeds five percent of the dwelling’s gross floor area.

  • Local building and zoning officials

    The bill would require the new counting rules to apply notwithstanding other general, special or local laws.

  • Developers designing elevated buildings

    Open areas beneath dwellings would count toward floor area, with higher covered spaces counted multiple times.

Headline styles

Change Floor Area Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Linda Rosenthal

Assembly Member · Assembly District 67

History

  1. Referred to housing
  2. Print number 5026a
  3. Amend and recommit to housing
  4. Referred to housing

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3820Senate

Tighten Floor Area Rules

In Senate Committee · Housing, Construction And Community Development · Sponsor Robert Jackson

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5026--A

2019-2020 Regular Sessions

IN ASSEMBLY

February 6, 2019

Introduced by M. of A. L. ROSENTHAL, GOTTFRIED, SEAWRIGHT, MOSLEY, BARRON, ORTIZ, STIRPE, CARROLL, COLTON, EPSTEIN, TAYLOR, ARROYO, SIMON, D'URSO, BENEDETTO, GLICK, DINOWITZ, RICHARDSON, NIOU, DE LA ROSA, QUART, DICKENS, SIMOTAS, FERNANDEZ, AUBRY, RODRIGUEZ, BLAKE -- Multi-Sponsored by -- M. of A. COOK, GRIFFIN, LENTOL, WRIGHT -- read once and referred to the Committee on Housing -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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 Assembly, 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 paragraph 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06054-02-9

A. 5026--A 2

such areas with floor to structural ceiling height greater than thirtysix 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 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 dwelling 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 storage.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.