NYC's 3 New Zoning Proposals Explained

Zoning has been front and center in the news this fall in New York City. The de Blasio Administration has put forward three new zoning proposals as part of their Housing New York plan. The impact of these zoning proposals ranges from individual property sites, to whole neighborhood areas, to the entire city. And the timelines, process and necessary votes vary as well.

With all these different proposals in motion at once, they can blur together. But each is different, and each zoning proposal will make significant changes to our City’s housing, built environment and neighborhood development. Understanding the proposals’ contents and process is important so that we as New Yorkers can weigh in and have our voices- of support or of concern – be heard.

ANHD has boiled down the Administration’s three major zoning proposals that were all certified by the NYC Department of City Planning on September 21st. Here are the basics of Zoning for Quality & Affordability (ZQA), Mandatory Inclusionary Housing (MIH), and the East New York (ENY) rezoning.

ZQA – ZONING FOR QUALITY AND AFFORDABILITY (Click HERE for DCP link on ZQA*)

Up to 185 days (6 months) All Community Boards and Borough Presidents review and comments optional. City Council approval required. City Planning Commission hearing and approval required. Mayoral veto and City Council override veto possible.

ZQA PART A: Contextual and Quality Housing Guidelines:

— Geography: Virtually everywhere throughout the five boroughs that is, or will be, zoned for multifamily housing. Applies to all districts or sites that currently have contextual zoning in place.  Will also apply to all future contextual districts or sites (Contextual districts currently mandate shorter, bulkier buildings than would otherwise be allowed, and have an A, B, D or X in their zoning suffix.Allows market-rate buildings to build slightly higher in contextual districts (up to 15 feet, higher in contextual districts (up to 40 feet, depending on zoning design).
— Effect in Non-Contextual Districts:

• The above changes, with some modifications, apply to contextual developments in contextual areas as well.
• The overall effect in non-contextual districts is to further incentivize contextual development, Senior/ Voluntary Inclusionary Housing, and commercial ground floors towers.

ZQA PART B – New Parking Guidelines:

— Geography: Everywhere inside the “transit radius,” meaning, in general, everywhere within ½ mile of mass transit. A map of the transit area can be found on page 19 of the City’s ZQA Presentation.

— Effect: Parking requirements are eliminated for affordable housing, senior housing, and voluntary Inclusionary Housing developments.

• Affordable, Senior, & Voluntary Inclusionary Housing developments become somewhat cheaper & easier to build as a result.

*DCP has prepared a specific presentation on the effects of ZQA for each Community Board here.

MIH – MANDATORY INCLUSIONARY HOUSING  (Click HERE for DCP ink on MIH)

If approved, MIH will apply any future zoning change that adds residential  density (upzoning), including city-sponsored or developer-sponsored neighborhood  re-zoning or site rezoning. The first neighborhood to be zoned for MIH will be East New York. This will not impact any current voluntary IH areas, or previous rezoned areas unless there were to be a new rezoning in the future.

— Timeline: Up to 185 days (6 months)
— Process: All Community Boards and Borough Presidents review and comments optional. City Council approval required. City Planning Commission hearing and approval required. Mayoral veto and City Council override veto possible.
— Effect:

• For any site or area upzoned in the future, developers will be required to set aside a portion of the units as affordable housing.
• A variety of placement options (onsite, offsite, or separate building onsite) can fulfill  affordable housing obligations. Smaller buildings could also contribute to a housing fund (payment-in-lieu fund) for the neighborhood instead of building affordable housing.
• Current proposal has three affordability options:

– Option 1: 25% at an average of 60% AMI. (Approximately $46,620 for a family of three, with 2-bedroom apartments renting for about $1,100).

– Option 2: 30% at an average of 80% AMI. (Approximately $62,136 for a family of three, with a 2-bedroom renting for about $1,500).

– Option 3 overlay: 30% at an average of 120% AMI. (Approximately ($93,204, for a family of three, with a 2-bedroom renting for about $2,400).

• Which of the above options are applied in any given location will be determined through the neighborhood or site upzoning application process (ULURP) based on the priorities of City Planning, the local Council member, and local community advocates.
• Option 1 (60% AMI) and Option 2 (80% AMI) can be applied alone or in combination for each neighborhood. The Option 3 overlay (120% AMI) must be applied along with one of the previous options. Once the options are set, it is the developers choice which option to use.
• AMI levels are averages, meaning a variety of income levels can be served in Option 1 (60% AMI) and Option 2 (80% AMI). The Options 3 overlay would be restricted to households making between 110% – 130% AMI.
• Once the citywide MIH text is in place and approved, no additional MIH affordability options or adjustments will be available for either neighborhood upzoning or a site upzoning at the request of elected officials or local community advocates.

ENY – EAST NEW YORK REZONING  (Click HERE for link on the ENY rezoning) 

— Geography: A large area in northern East New York/Cypress Hills in Brooklyn Community

• Major avenues in the area will be upzoned for increased residential density and more commercial uses.
• Option 1 of proposed Mandatory Inclusionary Housing regulations is proposed for multifamily buildings in ENY.

– 25% of housing will be required to be set aside as affordable, at an average of  60% AMI. (This assumes the citywide MIH plan is passed unchanged.)

• Industrial uses will be disincentivized in favor of residential/commercial development.

Other components of the overall East New York Plan, such as streetscape and open space improvements, affordable housing beyond what is required by MIH, more funding for legal services, increased school seats, transit improvements, etc. are not currently proposed as part of the ENY zoning text.