Bill S6332-2011

Relates to permitted obstructions in a city with a population of one million or more

Relates to permitted obstructions in a city with a population of one million or more. Provides that such obstructions shall not include exterior wall thickness of up to 8 inches on the exterior of a building to accommodate the addition of insulation.



  • Oct 3, 2012: SIGNED CHAP.483
  • May 30, 2012: returned to senate
  • May 30, 2012: passed assembly
  • May 30, 2012: ordered to third reading cal.651
  • May 30, 2012: substituted for a9163
  • Mar 12, 2012: referred to housing
  • Mar 12, 2012: PASSED SENATE
  • Mar 6, 2012: 2ND REPORT CAL.
  • Mar 5, 2012: 1ST REPORT CAL.271




VOTE: COMMITTEE VOTE: - Housing, Construction and Community Development - Mar 5, 2012
Ayes (8): Young, Bonacic, Gallivan, Grisanti, Ritchie, Espaillat, Diaz, Krueger



TITLE OF BILL: An act to amend the multiple dwelling law, in relation to permitted obstructions in a city with a population of one million or more

SUMMARY OF PROVISIONS: This bill adds a new paragraph m to Subdivision 9 ("permitted obstructions") of section 26 of the Multiple Dwelling Law that would authorize the addition of exterior insulation to buildings constructed prior to 1961, by exempting up to eight inches of exterior wall thickness from the MDL's dimensional requirements for yards, rear yard equivalents, courts or open space. The dimensional requirements, as set forth in Sections 26, 172, or 212, could be reduced only by the amounts permitted by local zoning regulations, but not to exceed eight inches.

REASONS FOR SUPPORT: Buildings account for 80% of New York City's carbon emissions. In February 2010, the Green Codes Task Force, a group of leading practitioners, released a set of recommendations to amend New York City regulations to promote green buildings. Key among them is a proposal to allow existing buildings to retrofit by adding external insulation. Well-insulated exterior walls reduce heating and cooling demands, but are often prohibited or penalized under current City zoning regulations. External insulation can be substantially more efficient than adding insulation inside the building wall, and makes a building retrofit possible without vacating existing tenants. This legislation would allow existing buildings to exempt up to eight inches of external insulation from floor area calculations, yard and open space regulations. In cases where a required open area has a dimension of less than eight feet, an exemption of up to one inch for each foot of existing open area would be allowed to accommodate insulation in balance with the need to preserve light and air.

The Multiple Dwelling Law currently does not consider exterior insulation, the application of which would reduce open space required by Sections 26, 172 and 212, to be permitted obstructions. This bill amends that statute and removes obstacles to energy efficiency, provides the means for older buildings to improve their energy efficiencies where such is feasible and creates a significant savings while contributing to reduced carbon emissions. Further, it complements the efforts of the City's proposed zoning changes and enables building owners to upgrade and modernize their building envelopes by giving them more choices for the investments they can make to save energy, save money, and improve environmental performance of new and existing buildings. Affected buildings represent a significant portion of the City's building stock, and enabling them to modernize represents a significant opportunity for the city to encourage energy efficiency and is an

essential contribution to achieving the City's and State's carbon reduction goals.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.


STATE OF NEW YORK ________________________________________________________________________ 6332 IN SENATE January 27, 2012 ___________
Introduced by Sen. LANZA -- 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 permitted obstructions in a city with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 26 of the multiple dwelling law is amended by adding a new paragraph m to read as follows: M. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE AREA OF YARDS, REAR YARD EQUIVALENTS, COURTS OR OPEN SPACES REQUIRED BY THIS SECTION, SECTION ONE HUNDRED SEVENTY-TWO OR SECTION TWO HUNDRED TWELVE OF THIS CHAPTER SHALL NOT BE DEEMED TO BE REDUCED OR OBSTRUCTED BY EXTE- RIOR WALL THICKNESS OF UP TO EIGHT INCHES ADDED TO THE EXTERIOR OF A BUILDING TO ACCOMMODATE THE ADDITION OF INSULATION TO THE EXTENT THAT SUCH EXTERIOR WALL THICKNESS IS A PERMITTED OBSTRUCTION FOR SUCH BUILD- ING UNDER THE ZONING RESOLUTION OF SUCH CITY. S 2. This act shall take effect immediately.


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