New York Senate Bill S02396 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2396 2023-2024 Regular Sessions  IN SENATE January 20, 2023 ___________ Introduced by Sen. JACKSON -- 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 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: 1 Section 1. The multiple dwelling law is amended by adding a new 2 section 15 to read as follows: 3 § 15. Zoning lot mergers; non-compliance with applicable pre-existing 4 zoning regulations. 1. For the purposes of this section: 5 (a) "Tax lot" shall mean a parcel of land identified with a unique 6 borough, block and lot number for property tax. 7 (b) "Zoning lot development agreement" shall mean a contract to trans- 8 fer floor area from one parcel of land to another and permits a develop- 9 er to utilize the adjoining property's floor area to construct a build- 10 ing that is larger than would be permitted on the parcel being 11 developed. 12 2. The requirements of this section shall apply to multiple dwellings 13 in a city having a population of five million or more. 14 3. No lot resulting from a merger with any other lot for tax, adminis- 15 trative, zoning, or development purposes shall create any new non-com- 16 pliance with the applicable, pre-existing zoning regulations. 17 4. Transfer of floor area from one tax lot to another shall only take 18 place subject to the following conditions: 19 (a) The transfer shall not come from more than two adjacent tax lots 20 which result in more than a twenty percent increase in floor area for 21 the receiving lot prior to any lot merger and shall not result in a lot 22 with any new non-compliance with existing zoning regulations; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06675-01-3 
 S. 2396 2 1 (b) The lot or lots transferring floor area shall not have been 2 subject to a previous merger for tax, administrative, or development 3 reasons, nor shall such lot or lots have themselves previously have been 4 recipients of transferred floor area; and 5 (c) The receiving tax lot shall not also be the recipient of a floor 6 area bonus for the provision of affordable inclusionary housing or 7 providing mandatory inclusionary housing pursuant to the zoning resol- 8 ution for the city of New York. 9 5. The department shall maintain a publicly accessible database and 10 map of tax lots that indicate a floor area transfer has occurred or lots 11 have been merged and include an online version of the relevant zoning 12 lot development agreement. 13 § 2. This act shall take effect on the ninetieth day after it shall 14 have become a law.