New York City Council Approves “City of Yes for Housing Opportunity” Proposal Text Amendments

Authors: Zachary Bernstein (New York), Wesley O'Brien (New York), Timothy Gentles (New York)

On Thursday, December 5, 2024, the New York City Council enacted into law citywide zoning text amendments associated with the "City of Yes for Housing Opportunity" ("COYHO") proposal, as modified by the City Council Committee on Land Use last month.

As noted in our prior client memorandums, the core components of the COYHO initiative include the following:

• Increased Heights and FARs for Mixed-Income Development: Under the Universal Affordability Preference, additional height and density (~20% more floor area) will be allowed in residential buildings for use as affordable or supportive housing in many medium- and high-density districts.
  
  
• Modification of Parking Requirements: Parking requirements for residential development have been eliminated in Manhattan Community Districts ("CDs") 9, 10, and 11; Queens CDs 1 and 2 and parts of Queens CDs 3 and 4; and Brooklyn CDs 1, 2, 3, 7, and 8 and part of Brooklyn CD 6. In remaining areas of the city, parking requirements have been reduced near mass transit stations.
  
  
• Broadened Conversion Regulations: The more flexible zoning regulations in Article 1, Chapter 5 of the Zoning Resolution for converting older commercial buildings to residential uses have been updated and extended citywide to buildings constructed before 1991. Previously, those flexible regulations were only available in parts of Manhattan, Queens, and Brooklyn and for buildings constructed up until 1961 (or 1977 in Lower Manhattan).
  
  
• New Higher Density Residential Districts: Two new residential districts, R11 and R12, have been created, and will allow areas that are rezoned in the future to include residential floor area ratios ("FARs") higher than the maximum 12 FAR currently permitted for residential use. This follows state action that amended the current residential FAR cap in the Multiple Dwelling Law earlier this year.
  
  
• Campus Infill: New bulk regulations applicable to infill development on large sites will make such infill projects much more feasible than they were previously.
  
  
• Streamlining of Bulk Regulations: Regulations on height and setback, yards, and other bulk regulations have been updated with the goal of more flexible site planning to better facilitate new development.

The City administration has committed $5 billion to support the text amendment, including $2 billion for housing capital, $2 billion for infrastructure projects, and $1 billion for increased expense funding.

The COYHO zoning text adopted by the City Council is effective as of December 5, 2024. The text includes vesting provisions to allow projects to proceed under prior regulations where building permit applications have already been filed and permit approval is received from the Department of Buildings by December 5, 2025. The text also includes provisions for continued use of off-site affordable housing (including certificates).

An updated version of the Zoning Resolution, reflecting the enactment of the COYHO text amendment, is available here.

Please contact us with any questions.

This communication is for general information only. It is not intended, nor should it be relied upon, as legal advice. In some jurisdictions, this may be considered attorney advertising. Please refer to the firm's data policy page for further information.