Relates to the floor area ratio of certain dwellings in New York City

BILL NUMBER:S5469

Title of bill

An act to amend the multiple dwelling law, in relation to the floor area ratio (FAR) in the city of New York

Summary of provisions

The bill amends subdivision 3 of section 26 of the Multiple Dwelling Law to permit the City of New York to replace the floor area ratio (FAR) limit set forth in the Multiple Dwelling Law with limits established in the New York City Zoning Resolution.

Reasons for support

This bill would allow the City of New York, through its zoning amendment procedure as specified in the City Charter, and subject to environmental review, to establish appropriate densities for the development of new or enlarged residential multiple dwellings.

The City of New York is experiencing a severe shortage of housing at all income levels, and on May 1, 2014, Mayor de Blasio announced an ambitious plan to construct or preserve 200,000 units of affordable housing over a 10-year period. The current 12.0 FAR restriction in the Multiple Dwelling Law represents an undue constraint on the land use decision making of the city government and its ability to enact zoning that addresses the housing needs of its population. Sufficient procedures exist, in the New York City Charter Uniform Land Use Review Procedure (ULURP) and the City Environmental Quality Review (CEQR) Procedure, to ensure that the adverse impacts, if any, of proposed zoning changes will be duly considered, the public will have multiple opportunities to comment upon such proposed changes, with final authority for zoning changes resting with the New York City Council.

The City of New York should have broad flexibility to determine the maximum FAR. for residential buildings through careful study and review pursuant to its land use processes, including, where appropriate, FARs in excess of the current 12.0 limitation. While the instances in which residential FARs greater than the current 12.0 limitation will be appropriate are limited by zoning regulations, including bulk, height and other restrictions applicable in each zoning district, precedent for such greater density already exists. New York City's Zoning Resolution, as authorized by Article 7B of the Multiple Dwelling Law, permits all the floor area of obsolete nonresidential buildings to be converted to multiple dwellings, including floor area in excess of 12.0 FAR. The extensive experience with this provision, over more than 30 years, indicates that multiple dwellings in excess of 12.0 FAR, when carefully planned, and in the right context, are appropriate and do not result in inherent land use impacts requiring a strict prohibition by state law.