On April 11, 2024, the Department of City Planning (DCP) released the proposed City of Yes for Housing Opportunity zoning text changes. The proposed text was released in advance of the formal public review process (ULURP), which is expected to begin at the end of April.

According to DCP’s illustrated guide, the proposed changes would address New York City’s severe housing shortage by facilitating housing construction in every neighborhood in the city. We have highlighted the proposal’s key initiatives in higher-density zoning districts (R6-R10) below.

Key Initiatives:

• Affordable Housing FAR Increase. The proposal establishes a “Universal Affordability Preference” allowing for a 20% increase in the basic maximum floor area ratios (FAR) and a commensurate increase in building height in medium- and high-density (R6 and higher) zoning districts for developments in which all the additional housing is permanently affordable. Developments in zoning districts that become eligible to receive bonus floor area under the proposal are required to provide all affordable units on-site; developments in zoning districts that are eligible today to receive inclusionary housing bonus floor area may for a period of 10 years from the date the text is approved continue to locate the affordable units either on- or off-site.
• New Higher-Density Residential Districts. The proposal establishes two new residential zoning districts – one denominated R11 that permits up to 15 FAR of residential use and one denominated R12 that permits up to 18 FAR of residential use – so that the city is in a position to map districts allowing for a residential FAR of more than 12 if the New York State Legislature amends the NYS Multiple Dwelling Law to allow the city to do so.
• Residential Conversions. The proposal extends the universe of buildings eligible for conversion to apartments, dorms, supportive housing and single-room-occupancy units under the more relaxed light and air standards of Article 7B of the NYS Multiple Dwelling Law of nonresidential buildings (other than hotels) anywhere in the city that were constructed prior to 1991. Hotels that are today eligible for conversion to apartments under these rules – i.e., those constructed before the 1977 downtown and prior to December 15, 1961, in Midtown, Midtown South, northwestern and downtown Brooklyn, Long Island City, and Astoria – will continue to be able to do so.
• Parking. The proposal would eliminate all existing requirements for parking in new buildings or enlargements in order to reduce mandated construction costs. It would, however, continue to permit parking to the extent it is permitted under current law.
• Small and Shared Housing. The proposal would eliminate the minimum unit size restrictions and, subject to compliance with other applicable laws, both allow smaller apartments and accommodate apartments with shared kitchens or baths – a housing type that has not been allowed in NYC since the 1950s and 60s.
• Campus Infill. The proposal would facilitate the development on smaller sites in moderate-density zones and infill development on large campuses (such as NYC Housing Authority sites) by creating a new set of bulk regulations offering a more flexible contextual alternative to the “height factor” zoning program that dates back to the original 1961 Zoning Resolution.

Additional changes would apply only to low-density areas (R1-R5 districts). These changes include allowing larger but contextual residential buildings within a half-mile of a subway or rail station (Transit-Oriented Development), larger but contextual mixed commercial and residential buildings along commercial corridors (Town Center Zoning) and accessory dwelling units (ADUs) to be added to one- and two-family homes.

The Kramer Levin Land Use Department will be happy to fill you in on the amendment’s details and how it will interact with current zoning controls. We would also like to hear your issues and concerns so that we can raise them with the city.