The New York City Council approved the City of Yes for Housing Opportunity, a significant city-wide zoning amendment aimed at adding 80,000 housing units over the next 15 years.
The plan introduced the Universal Affordability Preference (UAP), which provides a 20% density bonus to projects where the additional space is dedicated to permanently affordable housing.
The affordable units must, on average, be affordable for households earning 60% of the AMI, with no more than three income bands and no band exceeding 100% of the AMI. For developments with 10,000 square feet or more of affordable floor area, at least 20% must, on average, be affordable to households earning 40% of the AMI. The UAP replaces the City’s current Voluntary Inclusionary Housing program.
The plan allows City Council to require “deeper affordability” units as part of proposed projects during rezoning. This means the council can mandate that 20% of the units be set aside for households earning an average of 40% of the AMI, with income bands not exceeding 130% of the AMI.
The plan permits the construction of three- to five-story apartment buildings in low-density residential districts located near public transit. For such projects with 50 or more units, at least 20% of housing must be permanently affordable to households earning at least 80% of the AMI.
The same requirements apply to town center developments, where two to four stories can be added above commercial space in low-density districts, except for certain areas zoned for single- and two-family homes.
The plan enables the creation of two new residential districts (R11 and R12), which will permit residential FARs of 15.0 and 18.0, respectively. However, areas still must be rezoned to these new districts to permit the expanded construction size.
The plan creates three zones for parking requirements in the city. In Zone 1, parking requirements are completely eliminated (includes most of Manhattan, Long Island City, and portions of Western Queens and Brooklyn). In Zone 2, parking requirements are reduced (includes much of the rest of the city well-served by public transportation). In Zone 3, current parking requirements remain intact (includes outlying portions of the outer boroughs less well-served by public transportation).
The plan legalizes the construction of accessory dwelling units (ADUs) throughout much of the low-density zones in the city with the following exclusions: (i) ground floor and basement ADUs in coastal flooding areas or inland areas prone to flooding, and (ii) detached and backyard ADUs in historic districts or in R1A, R2A, and R3A (low-density contextual) zoning districts unless those areas are also located in the "Greater Transit Zone."
The plan relaxes some of the restrictions on office-to-residential conversions. Now, buildings built before 1990 can be converted to residential purposes throughout the city.
