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

Author: Zachary Bernstein (New York)

On Wednesday, September 25, 2024, the New York City Planning Commission voted to approve zoning text amendments associated with the "City of Yes for Housing Opportunity" proposal.

As discussed in our prior client memorandum, the City's initiative aims to increase housing development through zoning updates, including increased FARs for mixed-income development, the introduction of new higher density residential districts, and more flexible rules for office-to-residential conversions.

During the public meeting at which the Commission voted, the Department of City Planning discussed several modifications to the text amendments, including: eliminating a 10-year time limit on bonuses for offsite affordable housing in R10 districts, exempting public housing campuses from streamlined contextual infill provisions, and updating the applicability of distance between building rules.

Additionally, DCP discussed newly added vesting provisions, which include vesting for developments that have filed building permits by the date of enactment of the Housing Opportunity zoning text, and that have received zoning approval from the Department of Buildings within one year following such enactment. These provisions may include allowances for the amendment of vested applications once filed.

Next Steps

Our land use team will be reviewing the Commission-approved zoning text upon its release, which is expected shortly.

The proposal will now be reviewed by the New York City Council, which could make further modifications. The City Council is expected to vote on the proposal by early December of this year.

Please contact us with any questions.

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