BBG News

City of Yes for Housing Opportunity Approved by City Planning Commission: What’s Next for Developers and Property Owners?

Sep 30, 2024

On September 25th, the City Planning Commission approved the City of Yes for Housing Opportunity zoning text amendment by a 10-3 vote. This amendment represents the final phase of the administration’s City of Yes initiatives, following the adoption of the City of Yes for Carbon Neutrality and the City of Yes for Economic Opportunity amendments.

Over the next 15 years, the amendment aims to address the City’s concerning 1.41% vacancy rate by facilitating the development of an estimated 58,000 to 109,000 homes.

In summary, the proposed amendment is expected to:

  • simplify office-to-residential conversions;
  • permit the construction of mixed-use buildings in low-density districts, with ground-floor commercial space and 2 to 4 residential floors;
  • eliminate all required accessory parking for new residential construction;
  • allow the development of 3- to 5-story residential buildings within a half-mile of rail or subway stations;
  • enable the addition of accessory dwelling units (i.e., backyard cottages, garage conversions, or basement apartments) in one to two-family houses in low-density zoning districts;
  • support the inclusion of small and shared housing (i.e., buildings with shared kitchens or common facilities);
  • simplify the process for developing new housing on larger sites with existing structures (i.e., houses of worship with large parking lots); and
  • introduce a universal affordability preference, allowing buildings to add up to 20% more floor area if those additional units are permanently affordable.

In addition to the Commission’s approval, amendments were proposed, including:

  • exempting public housing campuses (e.g., NYCHA) from the “infill” proposal; and
  • removing the 10-year time limit associated with the 20% density bonus that allows for off-site affordable housing.

The City of Yes for Housing Opportunity zoning text amendment still requires majority approval from the 51-member City Council. However, several members of the City Council have already expressed concerns about the amendment, suggesting that further changes may be made. The City Council is expected to vote on the proposal either by the end of this year or early next year.

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