On December 5, 2024, the New York City Council passed Resolution No. 689 in response to an application by New York City Department of City Planning to amend multiple sections of the Zoning Resolution of the City of New York.2
First introduced to the New York City Council in October 2024, the City of Yes Zoning for Housing Opportunity application (#N 240290 ZRY) proposed changes to the Zoning Resolution to expand opportunities for housing within all zoning districts and across all of the city’s Community Districts. Throughout November 2024, modifications were made to the initial application, resulting in the “Zoning for Housing Opportunity (ZHO) Citywide Text Amendment.”3
The amendment includes changes to affordability, residential height, density, parking requirements and urban design. The changes range in size and impact—from adjusting the 80% income-restriction threshold to 60% in the definition of “affordable independent residence for seniors” in Article I, Chapter 2 (Section 12-10) of the Zoning Resolution, to relocating affordable housing provisions from Article II, Chapter 3 (Section 23) to Article II, Chapters 7 and 8 of the Zoning Resolution, to renaming the Deep Affordability Option and the Workforce Option of former Section 23-154, Inclusionary Housing, paragraph (d)(3) as “Option 3” and “Option 4.”
The modifications to the Zoning Resolution were passed in conjunction with $5 billion in city and state funding commitments for the council’s “City for All” housing plan and complementary local laws amending the administrative code and the building code. The funds are intended to be used for a variety of programs supporting affordable housing and improvements to infrastructure, such as sewers and flood-protection systems. Changes to the administrative code and the building code (including 1127-2024, 1128-2024, 0654-2024, 0850-2024, 0814-2024, 0815-2024, 1022-2024 and 1054-2024) relate to ancillary dwelling units, extending certain J-51 tax abatements, increased reporting regarding city-financed affordable housing projects by the Department of Housing Preservation and Development (HPD), increased planning by the Department of Environmental Protection (DEP) to address sewer backups and flood risks, and planning for naturally occurring retirement communities and aging in place by the Commissioner for the Aging.
If you have any questions regarding the content of this alert, please contact Sharon Brown, Public Finance Practice Area co-chair, at slbrown@barclaydamon.com; Carolyn Trespasz, associate, at ctrespasz@barclaydamon.com; or another member of the firm’s Public Finance Practice Area.
1The Council of The City of New York Resolution No. 689, “Resolution approving with modifications the decision of the City Planning Commission on Application No. N 240290 ZRY, for an amendment of the text of the Zoning Resolution (L.U. No. 181)” (https://nyc.legistar.com/View.ashx?M=F&ID=13599334&GUID=86316322-FDE6-4971-A9B0-C2D53CA3B653).
2L.U. No. 181 (see https://zr.planning.nyc.gov/).
3City of Yes Zoning for Housing Opportunity Text Amendment City Council Modifications (https://nyc.legistar.com/View.ashx?M=F&ID=13573423&GUID=E5B1AFDE-E0ED-4E11-813A-DD82CB754298); see also Summary of NYC Council’s City for All Investments and Modifications to Zoning for Housing Opportunity (ZHO) Citywide Text Amendment (https://council.nyc.gov/land-use/wp-content/uploads/sites/53/2024/11/ZHO-COUNCIL-MODS-SUMMARY.pdf).