Update: “City of Yes for Housing Opportunity” Text Amendment is Approved by the City Council

Herrick's Land Use & Zoning Team has learned that the New York City Council has voted to approve the City of Yes for Housing Opportunity (COYHO) zoning text amendment. This is the third "City of Yes" text amendment that has been approved in the last year – the others being City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity. Taken together, these text amendments include the most comprehensive and sweeping zoning changes since the adoption of the Zoning Resolution in 1961.

Today’s City Council approval includes modifications to the COYHO text that was approved by the City Planning Commission in September. A list of the City Council’s modifications can be seen here.

See below for a summary of some – but not all – of the COYHO text amendment:

Medium and High-Density Areas (R6-R12 districts)

• Create new residence districts that allow for 12+ FAR: COYHO creates new R11 and R12 districts (and commercial equivalents), which allow for residential FARs to reach 15.0 and 18.0 respectively if affordable housing is provided in accordance with the "Mandatory Inclusionary Housing" program. Note that COYHO did not map any of these new districts – they will have to be mapped through separate rezoning actions.
• Additional FAR and building height for affordable housing (UAP): Where residential uses are permitted and a certain amount of affordable housing is provided, the maximum permitted residential floor area on any site – City-wide – may be increased by up to 20% (depending on the underlying zoning district) and the maximum permitted building heights may be increased.
• Residential Conversions: Pre-COYHO regulations limited the applicability of zoning’s liberal conversion rules to buildings: (i) built pre-1961 (or pre-1977 in lower Manhattan); and (ii) located in certain areas of Manhattan, Brooklyn and Queens. COYHO expands the applicability of these regulations to pre-1991 buildings located anywhere in the City where residential uses are permitted.
• Floor Area Deductions: COYHO extends the "Quality Housing Floor Area Deductions" – for amenity space, corridors, refuse disposal, etc. – to all multi-family buildings.
• Partial elimination of the maximum dwelling unit cap: COYHO will eliminate the maximum dwelling unit cap for new residential buildings located below 96^th Street in Manhattan and in Downtown Brooklyn. In all other areas, a maximum dwelling unit cap will apply.

Modifications to Parking Requirements

• Elimination of Parking Requirements: No residential parking spaces will be required in portions of: Manhattan, Long Island City, Western Queens, and Brooklyn.
• Reduction of Parking Requirements: Residential parking requirements will be reduced, but not eliminated, in areas with access to transit but longer commute times.
• Maintain Parking Requirements: Parking requirements will be largely maintained in areas outside of the above geographies.

Low Density Areas (R1-R5 zoning districts)

• Enable campus infill: COYHO modifies existing zoning rules (e.g. minimum distance between buildings, yard, and height requirements) to enable existing large campus sites to add new housing units.
• Allow intended densities and housing types: Pre-COYHO zoning rules limited certain permitted housing typologies through onerous and often-times outdated bulk regulations. COYHO attempts to remove these obstacles by modernizing zoning regulations affecting, among things, floor area and open space.
• Enable multi-family buildings at appropriate locations: COYHO will allow apartment buildings to be provided on sites that meet specific criteria in low-density residence districts by providing such qualifying sites with additional FAR, modified yard requirements, and other zoning relief.
• Accessory Dwelling Units (ADU) Program: COYHO will allow ADUs for certain 1-2 family homes in low-density residence districts by providing such units with certain zoning relief.

The above list of changes is not all-inclusive and only scratches the surface of the proposed changes. We’re excited for the opportunity to help clients understand how COYHO will affect (and likely improve) your ability to use and develop your property.

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For more information on this issue or other land use & zoning matters, please contact:

Mitchell A. Korbey at +1 212 592 1483 or [email protected]
Robert Huberman at +1 212 592 1592 or [email protected]
Vinh Van Vo at +1 212 592 1588 or [email protected]

© 2024 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.