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S6760Senate2017-2018 Session

Change NYC Building Size Limits

Official title

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

Sponsor Rules CommitteeAffects Housing
Status
In Senate Committee
Rules
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows New York City's zoning resolution to set different floor area ratio (FAR) limits for dwellings, overriding the statewide 12.0 FAR cap.

Why it matters

  1. Gives NYC more flexibility to address housing needs. By letting the city set its own FAR limits, New York City can potentially allow taller or denser residential buildings, which could help address chronic housing shortages and affordability issues.

  2. Shifts power from state to local government. The bill removes a longstanding statewide limit, putting more zoning authority in the hands of local officials, which may allow for more responsive urban planning but also raises questions about local political pressures and oversight.

  3. Could reshape city neighborhoods and skylines. Higher FAR limits could lead to significant changes in the built environment, including more high-rise developments, increased population density, and potential impacts on infrastructure, public services, and neighborhood character.

  4. May spark debates on equity and gentrification. While increased density can mean more housing, it could also accelerate gentrification or displacement if not paired with affordability protections, making the bill relevant to a wide range of residents and advocacy groups.

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Who cares

Headline styles

Change NYC Building Size Limits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rules Committee

No co-sponsors yet.

History

  1. Recommitted to rules
  2. Ordered to third reading cal.1031
  3. Committee discharged and committed to rules
  4. Referred to housing, construction and community development
  5. Referred to rules

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6760

2017-2018 Regular Sessions

IN SENATE

June 16, 2017

Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 26 of the multiple dwelling law, as amended by chapter 748 of the laws of 1961, is amended to read as follows:

3. Floor area ratio (FAR). [The] Except as otherwise provided in the zoning resolution of the city of New York, the floor area ratio (FAR) of any dwelling or dwellings on a lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any city having a local zoning law, ordinance or resolution restricting districts in such city to residential use, may be erected in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance or resolution to residential uses.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13205-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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. 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.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.