New York State Assembly Member Linda Rosenthal has introduced state legislation A.5026 aimed at closing the mechanical void loophole. Expanding on an existing zoning text amendment proposed by the New York City Department of City Planning-which is working its way through Community Boards on its way to the City Council- A.5026’s terms are simple. It will require void space exceeding either 5% of total building height or 20 feet to be counted as Floor Area. Beyond this threshold, each additional 12 feet of void space height will be counted as FAR.
First reported by Joe Anuta of Crains in State legislators want to supersede city’s rules to chop luxe towers, the bill is part of a larger movement.
The de Blasio administration has mobilized several agencies to crack down not only on the broader issue of mechanical voids, but also one particular tower proposed for the Upper West Side containing a floor with 160-foot ceilings. The Department of City Planning has accelerated its approval process for the regulations, setting up a race against Extell Development Co.