City Planning

NYC Admin. Code tit. 25, ch. 1

in effect

NYC Admin. Code § 25-101 City map to be conclusive.

§ 25-101 City map to be conclusive. The city map is to be deemed final and conclusive with respect to the location, width and grades of the streets shown thereon, so far as such location, width and grades have been duly adopted.

NYC Admin. Code § 25-102 City map; what to include.

§ 25-102 City map; what to include. There shall be located and laid out on the city map all parks, playgrounds, streets, courtyards abutting streets, bridges, tunnels and approaches to bridges and tunnels, and improvements of navigation in accordance with bulkhead and pierhead lines established pursuant to section seven hundred five of the charter. The width and grades of all streets so located and laid out shall be indicated thereon.

NYC Admin. Code § 25-102.1 City map; street and park names.

§ 25-102.1 City map; street and park names. a. Unless the local law specifically provides otherwise, any local law naming a street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map, that does not bear a name indicated on the city map shall not be construed to require the addition of such name on the city map; provided, however, that the name given by such local law shall be posted on a sign placed at the location of such street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map. b. Unless the local law specifically provides otherwise, any local law changing the name of a street, park, playground or portion thereof, or any facility or structure, located and laid out on the city map, that bears a name indicated on the city map shall not be construed to require a change in such name as it is indicated on the city map; provided, however, that in the case of a local law changing the name of a street or portion thereof, the name added by such local law shall be posted on a sign placed adjacent to or near a sign bearing the name of such street or portion thereof indicated on the city map. c. The department of transportation may establish different colors for signs bearing a street name not officially indicated on the city map and signs bearing a street name officially indicated on the city map, and may provide for the replacement of any sign bearing a dual name by two separate signs of such color as the department shall determine. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/028.

NYC Admin. Code § 25-102.2 Posting certain information related to street and park names.

§ 25-102.2 Posting certain information related to street and park names. Editor's note: this section has been amended by L.L. 2026/122, 7/30/2026, eff. 10/28/2026. a. Beginning July 1, 2023, for any street, park, playground, facility or structure, or portion thereof, renamed or co-named in accordance with section 25-102.1 of this chapter, an office or agency designated by the mayor, shall make biographical and/or background information about the person or entity for whom the naming is on behalf of available on its website within 90 days of the enactment of the local law which named the street, park, playground, facility or structure, or portion thereof. b. To the extent practicable, no later than July 1, 2024, an office or agency designated by the mayor, shall make biographical and/or background information available on its website about the person or entity for whom a street, park, playground, facility or structure, or portion thereof, was renamed or co-named by any bill enacted between January 1, 1990 and July 1, 2023. (L.L. 2023/104, 7/23/2023, eff. 7/23/2023)

NYC Admin. Code § 25-103 Borough presidents' assistance in completing city map.

§ 25-103 Borough presidents' assistance in completing city map. The city planning commission, with the approval of the mayor, may at any time require the president of any borough to make recommendations for the completion of the city map of the whole or of a part of the territory for which the city map shall not at such time have been finally established and adopted and to report the same to the commission within a fixed and specified time.

NYC Admin. Code § 25-104 Official surveying stations.

§ 25-104 Official surveying stations. The latitudes and longitudes determined in conformity with the method used by the United States coast and geodetic survey for primary stations; the rectangular spherical coordinates for secondary stations; and the rectangular co-ordinates referring to a given fixed central meridian, or assumed meridian, for all stations, shall continue to be official and binding upon all officers making any map or plan relating to any borough, or part thereof.

NYC Admin. Code § 25-105 Grades established by user.

§ 25-105 Grades established by user. Whenever any street in the city shall have been used as such for upward of twenty years without having the grade thereof established by law, the level or surface of such street as so used shall be deemed to be and to have been the grade thereof.

NYC Admin. Code § 25-106 Public utility corporations; filing of maps of real property.

§ 25-106 Public utility corporations; filing of maps of real property. Every public utility corporation, within ninety days after its acquisition of any real property within the city, shall file in the office of the president of the borough in which such property is situated, a map or survey drawn to a scale and accurately indicating the location and boundaries of such property with reference to the streets, avenues, bridges, tunnels, bulkhead or pierhead lines, parks or other public places shown on the city map. Every such corporation shall within the same period of time file a copy of each such map or survey in the office of the department of city planning and in the office of the commissioner of transportation. For a failure to file any such map or survey or copy thereof within the period required therefor such public utility corporation shall be liable to the city in a penalty of ten dollars for each and every day during which such map or survey or copy thereof has not been filed, as hereinabove required, and an action may be brought for the recovery thereof in the name of the city.

NYC Admin. Code § 25-107 Failure to include street upon map; effect of.

§ 25-107 Failure to include street upon map; effect of. The failure to include any street upon the city map shall not have the effect of closing such street.

NYC Admin. Code § 25-108 Map changes affecting certain cemetery lands.

§ 25-108 Map changes affecting certain cemetery lands. Notwithstanding any provisions of the not-for-profit corporation law, or of any other law, general or special, that portion of the city map relating to Interborough Parkway shall not be altered or amended so as to affect the lands of any cemetery association except by and with the consent of the trustees of any such cemetery association the lands of which would be affected, and of the board of estimate.

NYC Admin. Code § 25-109 Streets not to be opened through grounds of certain institutions.

§ 25-109 Streets not to be opened through grounds of certain institutions. a. It shall be unlawful to open any streets through the grounds belonging to the corporation of Fordham University in its actual occupation of the area generally bounded by Bronx Park on the north and east, Fordham Road on the south, and the tracks of the Harlem Division of the New York Central and Hudson River Railroad Company on the west. b. It shall also be unlawful to open any streets through or upon any part of the land and premises owned by New York University, extending from Sedgwick avenue to Aqueduct avenue, and lying immediately south of and adjacent to One hundred eighty-first street, sometimes called University avenue, so long as the same shall be owned or occupied for educational purposes by such university. c. It shall be unlawful to open any streets through the grounds of Columbia University, from One hundred sixteenth street to One hundred twentieth street, between Amsterdam avenue and Broadway, so long as such grounds are owned or occupied for educational purposes. d. It shall be unlawful to open any streets through or upon any part of the land and premises owned by Manhattan College, within the territory bounded by West 244th street and its easterly prolongation, Post road and Spuyten Duyvil parkway, so long as the same shall be owned or occupied for educational purposes. e. It shall be unlawful to open any streets through or upon any part of the land and premises owned by the college of Mount Saint Vincent, without the territory bounded approximately by the northerly city line, Riverdale avenue, West 261st street, Netherland avenue, a line about thirteen hundred feet southerly of the city line and the tracks of the New York Central and Hudson River Railroad, so long as the same shall be owned or occupied for educational purposes. f. It shall be unlawful to open any streets through or upon any part of the land or premises owned by the college of Mount Saint Vincent, except West 261st street, between Riverdale avenue and the New York Central and Hudson River Railroad right-of-way and Palisade avenue south of West 261st street as they are now indicated upon the city map, or as they may in the future be changed in width or alignment, within the territory bounded approximately by the northerly city line, Riverdale avenue, West 261st street, Palisade avenue, a line about 1,400 feet southerly of the city line and the tracks of the New York Central and Hudson River Railroad, so long as they shall be owned or occupied for educational purposes.

NYC Admin. Code § 25-110 City planning commission to regulate the height and bulk of buildings, areas of yards, courts and open spaces and density of population.

§ 25-110 City planning commission to regulate the height and bulk of buildings, areas of yards, courts and open spaces and density of population. a. The city planning commission, subject to the provisions of sections one hundred ninety-seven-c, two hundred and two hundred one of the charter, where applicable, shall have power to regulate and limit the height and bulk of buildings, to regulate and determine the area of yards, courts and other open spaces and to regulate density of population. The commission, subject to the same limitations, may divide the city into districts of such number, shape and area as it may deem best suited to carry out such purposes. b. The regulations as to height and bulk of buildings, the area of yards, courts and other open spaces and density of population shall be uniform for each class of buildings throughout each district. The regulation in one or more districts may differ from those in other districts. Such regulations shall be designed to secure safety from fire and other dangers and to promote the public health and welfare, including, so far as conditions may permit, provisions for adequate light, air and convenience of access. c. The commission shall pay reasonable regard to the character of buildings erected in each district, the value of the land and the use to which it may be put, to the end that such regulations may promote public health, safety and welfare and the most desirable use for which the land of each district may be adapted and may tend to conserve the value of the buildings and may enhance the value of land throughout the city.

NYC Admin. Code § 25-111 City planning commission to regulate location of trades and industries and of buildings designed for specific uses.

§ 25-111 City planning commission to regulate location of trades and industries and of buildings designed for specific uses. a. The city planning commission, subject to the provisions of sections one hundred ninety-seven-c, two hundred and two hundred one of the charter, where applicable, may regulate and restrict the location of trades and industries and the location of buildings designed for specific uses, and may divide the city into districts of such number, shape and area as it may deem best suited to carry out such purposes. b. For each such district, regulations may be imposed designating the trades and industries that shall be excluded or subjected to special regulations and designating the uses for which buildings may not be erected or altered. Such regulations shall be designed to promote the public health, safety and general welfare. c. The commission shall give reasonable consideration, among other things, to the character of the district, its peculiar suitability for particular uses, the conservation of property values, and the direction of building development in accord with a well-considered plan.

NYC Admin. Code § 25-112 Prohibition of cemeteries in Queens.

§ 25-112 Prohibition of cemeteries in Queens. a. No person, association or corporation shall take by deed, devise or otherwise any land in the county of Queens for cemetery purposes, nor set apart or use any ground for cemetery purposes in such county. Existing religious corporations, cemetery associations and corporations, however, shall have the right to use for cemetery purposes, land lawfully taken by recorded deed, or devise and set apart or used for cemetery purposes or for the purposes of the convenient transaction of their general business, prior to July seventeenth, nineteen hundred forty-seven. b. The provisions of subdivision a of this section shall not in any manner prevent an incorporated religious society organized under the laws of the state of New York prior to the year eighteen hundred twenty-five now owning cemetery land in Queens county from acquiring and using land of not more than ten acres contiguous to said cemetery land as and when said additional land in its ownership and use for cemetery purposes has been approved by the city council. c. The provisions of subdivision a of this section shall not in any manner prevent a cemetery corporation organized under the laws of the state of New York prior to the year nineteen hundred nine, now owning cemetery land in Queens county, from using additional land lawfully taken by recorded deed or devise prior to December 31, 1972, provided such additional land consists of not more than two acres on one or more contiguous lots across a street and opposite said cemetery land, and its use for cemetery purposes has been approved by the city council after a public hearing. Notice of such public hearing shall be published pursuant to the requirements of section 1506 of the not-for-profit corporation law, or successor provision of law, in a newspaper of general circulation. The applicant shall submit to the council proof of publication in the form of a signed certificate of publication, with the affidavits of publication of such newspaper annexed thereto. The applicant shall pay the costs of such publication. (Am. L.L. 2018/109, 6/9/2018), eff. 6/9/2018

NYC Admin. Code § 25-113 Filing of subdivision maps and recording of deeds of subdivision property.

§ 25-113 Filing of subdivision maps and recording of deeds of subdivision property. a. Every map referred to in section two hundred two of the charter shall be prepared, approved and certified and shall be filed as follows: one copy thereof in the office in which conveyances of real estate are required to be recorded in the county in which the land shown thereon is situated; one copy thereof in the office of the corporation counsel; one copy thereof in the office of the president of the borough in which the land shown on the map is situated; one copy thereof in the office of the secretary of the board of estimate; one copy thereof in the office of the department of city planning; one copy thereof in the office of the city clerk; and, one copy thereof in the office of the department of buildings for the county in which the land shown thereon is situated. b. The register or county clerk, as the case may be, shall refuse: 1. To receive for filing any such subdivision map unless the commission or the department of buildings has certified that the subdivision does not result in the violation of any applicable zoning laws. 2. To accept for recording any deed or other instrument affecting real property which has a map attached thereto or made a part thereof, unless it shall have endorsed thereon the certification of the secretary of the board of estimate to the effect that the same has been approved pursuant to section two hundred two of the charter and unless the commissioner of the department of buildings has certified that such subdivision does not result in the violation of any applicable zoning laws.

NYC Admin. Code § 25-114 Privately owned public spaces.

§ 25-114 Privately owned public spaces. a. For the purposes of this section: Privately owned public space. The term "privately owned public space" means (1) a plaza, residential plaza, urban plaza, public plaza, elevated plaza, arcade, through block arcade, through block galleria, through block connection, open air concourse, covered pedestrian space, publicly accessible space or sidewalk widening provided for in the zoning resolution now or previously in effect; (2) such other privately owned outdoor or indoor space required to be open to the public and for which the department of city planning maintains a record in the privately owned public space data set accessible through the open data web portal that is linked to nyc.gov or successor website pursuant to section 23-502; and (3) such other privately owned outdoor or indoor spaces required to be open to the public pursuant to any of the following actions occurring on or after January 1, 2001: (i) a decision, authorization, certification, or special permit issued by the city planning commission; (ii) a certification issued by the chair of the city planning commission; (iii) a variance of the zoning resolution or special permit issued by the board of standards and appeals; or (iv) action taken by the council pursuant to section 197-d of the charter. Such term does not include any waterfront public access areas regulated pursuant to article 6 chapter 2 of the zoning resolution. With respect to item (3) of this definition, the requirements of subdivisions c and f of this section shall not apply until after the date of the first report required pursuant to subdivision b of this section. b. On July 1, 2019 and annually thereafter, the department of city planning shall provide to the mayor and the speaker of the council a report that shall, at minimum, contain the following information about each privately owned public space in existence on the date of such report: 1. The address; 2. The type of privately owned public space; 3. If the privately owned public space was established pursuant to a provision of the zoning resolution now or previously in effect, a citation to such provision; 4. If the privately owned public space was established pursuant to a decision, authorization, or certification issued by the city planning commission, the chair of the city planning commission or the board of standards and appeals, the application number of such decision, authorization, or certification; 5. The operational requirements for such privately owned public space including the hours of access and all required amenities for such privately owned public space; and 6. If such privately owned public space is required by applicable law to file a periodic compliance report with the department: (a) Whether such report was filed as required; and (b) The compliance status indicated by such report. c. The department shall make available to the public on the department's website the following information and functionality in relation to privately owned public spaces: 1. All reports prepared pursuant to subdivision b of this section; 2. An interactive map displaying the location of each privately owned public space, the information about each privately owned public space specified in paragraphs 1, 2 and 5 of subdivision b of this section; 3. For all privately owned public spaces established on or after October 1, 2017, a site map of the contours of the privately owned public space relative to the other structures on the zoning lot and the adjacent streets or public ways; 4. A mechanism for electronically filing complaints about privately owned public spaces with the department of buildings and the agency designated pursuant to subdivision f of this section; and 5. Such other information as the department deems appropriate. d. The department shall be authorized to enter into a contract with one or more organizations incorporated under the not-for-profit corporation law for the performance of some or all of the duties to be performed pursuant subdivision c of this section. e. Regardless of the requirements of the zoning resolution, the owner of each privately owned public space shall post in such privately owned public space signage, of such size, design and content and in such location as may be specified by rule of the department of city planning, stating the name and contact information of the person charged by such owner with oversight of complaints about such privately owned public space. In addition to any other information as may be required by the department of city planning, such signage shall include a statement that such privately owned public space is open to the public, the hours it is open, the primary amenities it is required to provide, and a statement that complaints can be registered by calling 311. In relation to any privately owned public spaces established on or after October 1, 2017, such signage shall also include a site map, as approved by the department, displaying the contours of such privately owned public space relative to the other structures on the zoning lot and the adjacent streets or public ways. f. The mayor or the mayor's designee shall designate an agency to enforce provisions of the zoning resolution and applicable laws regulating privately owned public spaces. 1. Such agency shall inspect each privately owned public space no later than June 30, 2019 and at least once every three years thereafter to ensure that such space is in compliance with applicable law and shall issue notices of violation returnable to the office of administrative trials and hearings. 2. On December 31 of each year, the commissioner of such agency shall report to the mayor and the speaker of the council the following information in connection with each privately owned public space: a list of the complaints received, the enforcement actions taken, whether the department of buildings authorized closure of such privately owned public space and if so, the duration of and reason for each such closure. Enforcement actions include but are not limited to inspections, issuance of notices of violations, decisions of administrative tribunals within the office of administrative trials and hearings and the imposition of penalties. (L.L. 2017/116, 7/22/2017, eff. 10/20/2017; Am. L.L. 2017/250, 12/17/2017, eff. 12/17/2017)

NYC Admin. Code § 25-115 Pre-application process exemptions.

§ 25-115 Pre-application process exemptions. a. An application for changes in the zoning resolution pursuant to section 200 of the charter, other than changes in the designation of zoning districts, may be filed with the department of city planning and shall, at the applicant's election, be exempt from the pre-application requirements of chapter 10 of title 62 of the rules of the city of New York, if at least one of the applicants is a borough president, the mayor or the land use committee of the council if two-thirds of the members of such committee shall have voted to approve such filing. (L.L. 2017/234, 12/1/2017, eff. 12/1/2017)

NYC Admin. Code § 25-116 Community gardens.

§ 25-116 Community gardens. a. Definitions. For the purposes of this section, the following terms have the following meanings: Community garden. The term "community garden" means a tax lot where a garden registered with the department of parks and recreation is located. Land use category. The term "land use category" means a value assigned by the department of city planning to each tax lot in the primary land use tax lot output database that describes how such tax lot is primarily used. Primary land use tax lot output database. The term "primary land use tax lot output database" means the publicly accessible data file compiled and maintained by the department of city planning that contains land use and geographic data at the tax lot level, or any successor data file that is similar in form or function. b. The department of city planning shall assign a land use category to a community garden, in accordance with its methodology for classifying such a lot, that describes such garden in the primary land use tax lot output database as open space, outdoor recreation, a community garden, or other similar description. The department shall not assign a community garden a land use category in such database that describes such garden as vacant. c. The department of city planning shall include a statement in the primary land use tax lot output database that the assignment of a land use category to any tax lot in such database is solely informational and does not confer or change a legal status for such tax lot. (L.L. 2020/046, 3/29/2020, eff. 9/25/2020)

NYC Admin. Code § 25-117 Equitable development data tool.

§ 25-117 Equitable development data tool. a. Definitions. For the purposes of this section, the following terms have the following meanings: Area median income. The term "area median income" means the income limits as defined annually by the United States department of housing and urban development (HUD) for the New York, NY HUD Metro FMA Area (HMFA). Department. The term "department" means the department of housing preservation and development and the department of city planning. Extremely low income (ELI) household. The terms "extremely low income household" and "ELI household" mean a household that has an income of no more than 30 percent of the area median income, adjusted for the size of the household. Extremely low income affordable housing (ELI-AH) unit. The terms "extremely low income affordable housing unit" and "ELI-AH unit" mean a housing unit that is required to be affordable to an extremely low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality. Higher income (HI) household. The terms "higher income household" and "HI household" mean a household that has an income of more than 165 percent of the area median income, adjusted for the size of the household. Low income (LI) household. The terms "low income household" and "LI household" mean a household that has an income of more than 50 percent but no more than 80 percent of the area median income, adjusted for the size of the household. Low income affordable housing (LI-AH) unit. The terms "low income affordable housing unit" and "LI-AH unit" mean a housing unit that is required to be affordable to a low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality. Middle income (MIDI) household. The terms "middle income household" and "MIDI household" mean a household that has an income of more than 120 percent but no more than 165 percent of the area median income, adjusted for the size of the household. Middle income affordable housing (MIDI-AH) unit. The terms "middle income affordable housing unit" and "MIDI-AH unit" mean a housing unit that is required to be affordable to a middle income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality. Moderate income (MI) household. The terms "moderate income household" and "MI household" mean a household that has an income of more than 80 percent but no more than 120 percent of the area median income, adjusted for the size of the household. Moderate income affordable housing (MI-AH) unit. The terms "moderate income affordable housing unit" and "MI-AH unit" mean a housing unit that is required to be affordable to a moderate income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality. Rent burden. The term "rent burden" means household housing costs that exceed 30 percent of the household's income. Very low income (VLI) household. The terms "very low income household" and "VLI household" mean a household that has an income of more than 30 percent but no more than 50 percent of the area median income, adjusted for the size of the household. Very low income affordable housing (VLI-AH) unit. The terms "very low income affordable housing unit" and "VLI-AH unit" mean a housing unit that is required to be affordable to a very low income household pursuant to a regulatory agreement, restrictive declaration or other similar instrument with a federal, state or local governmental entity or instrumentality. b. Equitable development data tool. The department, with the cooperation of any other relevant agencies, shall develop and publish an equitable development data tool. The tool shall be available online for public use and any other use required by law. The tool shall be accessible through the city's website, be updated by the department at least annually, and present the categories, data and indicators set forth in subdivision c of this section at the following levels of geography: (i) a neighborhood level to be determined by the department, where statistically reliable data is available, (ii) public use microdata area or community district, where statistically reliable data is available, (iii) boroughwide and (iv) citywide. The tool shall be capable of generating reports of such data and indicators for any such level of geography. The department may include additional levels of geography, including census tracts, if statistically reliable data is available. c. Categories, data and indicators. The equitable development data tool shall include, but need not be limited to, the following categories: (i) demographic conditions, (ii) household economic security, (iii) neighborhood quality of life and access to opportunity, (iv) housing security, affordability and quality, (v) housing production and (vi) a displacement risk index. Where available, such data shall be disaggregated by race and Hispanic origin, and include data for such categories for the prior two decades to describe recent trends over time. The department, with the cooperation of any other relevant agencies, may identify data and indicators for each category, provided that such data and indicators shall include, to the extent available, the following: 1. Demographic conditions, including but not limited to race and Hispanic origin, limited English speaking households, foreign born population and age; 2. Household economic security, including but not limited to median household income, distribution of households by income levels corresponding to ELI, VLI, LI, MI, MIDI, and HI households, labor force participation, employment by occupation or industry sector, average wages by occupation or industry sector, and educational attainment; 3. Neighborhood quality of life and access to opportunity, including but not limited to health outcomes, access to open space, indicators of public safety, indicators of school quality, indicators of access to transit and employment opportunities; 4. Housing security, affordability and quality, including but not limited to median rent, median home value, housing tenure, share of housing units that are rent-stabilized, share of housing units that are income-restricted, share of households that are rent-burdened, share of housing units affordable to ELI, VLI, LI, MI, MIDI and HI households, residential eviction cases filed in housing court and residential evictions executed by city marshals pursuant to a warrant issued in accordance with section 749 of the real property actions and proceedings law, share of housing units with three or more maintenance deficiencies, share of housing units that are overcrowded, affordable housing lottery applicants and awardees as described in the most recent report required by section 26-2602 and number of individuals and families in the shelter system operated by the department of homeless services or a provider under contract or similar agreement with the department of homeless services by community district based on last known address of such individuals or families, where known. 5. Housing production, including but not limited to total additions and subtractions to housing units; ELI-AH, VLI-AH, LI-AH, MI-AH and MIDI-AH unit production; ELI-AH, VLI-AH, LI-AH, MI-AH and MIDI-AH unit preservation; and portion of area that is within historic districts; and 6. A displacement risk index comprised of indicators of population vulnerability, housing conditions and neighborhood change, including but not limited to race and Hispanic origin, income, English language proficiency, share of housing units that are renter-occupied, share of housing units that are rent-stabilized, share of housing units that are income-restricted, share of households experiencing rent burden, trends in housing prices and rents, and share of housing units with three or more maintenance deficiencies. d. Availability. The equitable development data tool shall be available for public use by April 1, 2022, provided that the department shall release a draft equitable development data tool before such date and shall hold a public hearing regarding such draft tool not fewer than 60 days after such release. e. Updates of methodologies and indicators. The department, with the cooperation of any other relevant agencies, shall update the methodologies and indicators comprising the equitable development data tool as new data sources and analytical tools are developed. The website where the tool is available to the public shall include the sources for all data used in the tool, information about limitations or statistical reliability of such data, information about the methodology used to select and weigh the indicators included in the displacement risk index and any necessary explanation about such data that is unavailable or unreliable at any level of geography described in subdivision b of this section. Whenever the department updates such a methodology or indicators the department shall post on such website a description of the update and the reasons for the update. (L.L. 2021/078, 7/18/2021, eff. 7/18/2021)

NYC Admin. Code § 25-118 Racial equity report on housing and opportunity.

§ 25-118 Racial equity report on housing and opportunity. a. Definitions. For the purposes of this section, the following terms have the following meanings: Area median income. The term "area median income" has the meaning given to that term in section 25-117. Community profile. The term "community profile" means data for a local study area drawn from the equitable development data tool required by section 25-117. Such community profile shall include all categories, data and indicators available from such equitable development data tool for a local study area that best approximates a half-mile radius of the project area based on aggregation of public use microdata areas or community districts or a neighborhood level of geography to be determined by the department. Department. The term "department" means an agency or agencies designated by the mayor to administer this section. Extremely low income (ELI) household. The terms "extremely low income household" and "ELI household" have the meaning given to those terms in section 25-117. Extremely low income affordable housing (ELI-AH) unit. The terms "extremely low income affordable housing unit" and "ELI-AH unit" have the meaning given to those terms in section 25-117. Floor area. The term "floor area" has the meaning given to that term in section 12-10 of the zoning resolution. Higher income (HI) household. The terms "higher income household" and "HI household" have the meaning given to those terms in section 25-117. Housing cost burden. The term "housing cost burden" means household housing costs that exceed 30 percent of the household's income. Low income (LI) household. The terms "low income household" and "LI household" have the meaning given to those terms in section 25-117. Low income affordable housing (LI-AH) unit. The terms "low income affordable housing unit" and "LI-AH unit" have the meaning given to those terms in section 25-117. Manufacturing. The term "manufacturing" has the meaning given to that term in section 12-10 of the zoning resolution. Manufacturing district. The term "manufacturing district" has the meaning giving to that term in section 12-10 of the zoning resolution. Middle income (MIDI) household. The terms "middle income household" and "MIDI household" have the meaning given to those terms in section 25-117. Middle income affordable housing (MIDI-AH) unit. The terms "middle income affordable housing unit" and "MIDI-AH unit" have the meaning given to those terms in section 25-117. Moderate income (MI) household. The terms "moderate income household" and "MI household" have the meaning given to those terms in section 25-117. Moderate income affordable housing (MI-AH) unit. The terms "moderate income affordable housing unit" and "MI-AH unit" have the meaning given to those terms in section 25-117. Preserved. The term "preserved" means received physical rehabilitation or financial operating assistance for existing buildings, or both, in exchange for affordability for existing and future tenants. Residential. The term "residential" has the meaning giving to that term in section 12-10 of the zoning resolution. Very low income (VLI) household. The terms "very low income household" and "VLI household" have the meaning given to those terms in section 25-117. Very low income affordable housing (VLI-AH) unit. The terms "very low income affordable housing unit" and "VLI-AH unit" have the meaning given to those terms in section 25-117. b. Racial equity report on housing and opportunity. For an application submitted on or after June 1, 2022, an applicant shall file, in accordance with this subdivision, a racial equity report described in this section. Such report shall be required for all applications submitted pursuant to section 201 of the charter for a citywide amendment to the zoning resolution affecting 5 or more community districts, applications submitted for designation of historic districts pursuant to section 3020 of the charter affecting at least 4 city blocks, and for applications submitted pursuant to subdivision a of section 197-c of the charter that seek approval for (i) an acquisition or disposition of land to facilitate a non-residential project containing at least 50,000 square feet of floor area, (ii) an acquisition or disposition of land to facilitate a residential project, other than a residential project consisting of a building to be preserved, provided that such equity report shall only be required related to a building in such project containing at least 50,000 square feet of floor area, (iii) an increase in permitted residential floor area of at least 50,000 square feet, (iv) an increase in permitted non-residential floor area by at least 200,000 square feet or (v) a decrease in permitted floor area or number of housing units on at least four contiguous city blocks. However, in addition to the foregoing, any application seeking approval of change to the permitted floor area for any use in a manufacturing district or change to the use regulations of a manufacturing district, whether by change to the zoning map pursuant to section 197-c of the charter, change to the text of the zoning resolution pursuant to section 201 of the charter, or by special permit pursuant to section 197-c of the charter, related to a building in such project containing at least 100,000 square feet of floor area, shall be subject to the requirements of this section. Within nine days of such application being certified or referred by the department of city planning or, in the case of an application for designation of historic districts, within 15 days of such application being designated by the landmarks preservation commission, the department shall provide copies of the racial equity report to the affected community board and borough president, as defined in section 196 of the charter, the affected council member, the public advocate and the speaker of the council, and shall also promptly post such report on its website. The racial equity report need not be updated if a project changes after an application has been certified or referred by the department of city planning or designated by the landmarks preservation commission. The department, with the cooperation of other relevant agencies, shall establish minimum standards for the preparation of the racial equity report and may establish by rule guidance for applicants preparing the report. c. Contents of racial equity report. A racial equity report filed pursuant to this section shall include: 1. For all projects, a first section comprised of an executive summary written in plain language. 2. For projects with residential floor area other than a designation of a historic district, a second section listing the number of ELI-AH, VLI-AH, LI-AH, MI-AH and MIDI-AH units and units that are not income-restricted that are expected to be created and their expected rents or prices, as well as the household incomes needed to afford such units without incurring housing cost burden. 3. For projects with non-residential floor area when specific non-residential uses are being proposed, other than the designation of a historic district, a second section listing the projected number of jobs in each sector or occupation, median wage levels of such jobs based on the most recently available quarterly census data on employment and wages or other publicly available data, and the racial and ethnic composition and educational attainment of the workforce for the projected sectors of such jobs. 4. For all projects other than applications submitted pursuant to section 201 of the charter, the community profile, including a summary of the data on existing conditions and of trends in the prior two decades, and comparison of the community profile for the local study area with the borough and citywide data obtained from the equitable development data tool required by section 25-117, for all categories, data and indicators provided therein, and disaggregated by race and Hispanic origin. For projects with residential floor area, other than a designation of a historic district, such community profile shall first include a summary of the distribution of households by income levels corresponding to ELI, VLI, LI, MI, MIDI and HI households disaggregated by race and Hispanic origin, and of the available data on affordable housing lottery applicants and awardees as described in the most recent report required by section 26-2602. 5. For all projects, a narrative statement by the applicant of how the proposed project relates to the goals and strategies to affirmatively further fair housing and promote equitable access to opportunity identified within the city's fair housing plan that is indicated in the department's rules. 6. For all projects, an estimate of the number of construction jobs to be created by the project. d. Failure to provide racial equity report. 1. The department shall identify on its website any application for which an applicant does not submit a racial equity report as required by this section. The department shall promptly notify any person required to receive such report pursuant to subdivision b of this section that such report was not timely filed, and if such report is subsequently filed, shall notify any such person of such filings. (L.L. 2021/078, 7/18/2021, eff. 7/18/2021)

NYC Admin. Code § 25-119 Population and housing analysis.

§ 25-119 Population and housing analysis. a. Definitions. For the purposes of this section, the following terms have the following meanings: Block. The term "block" has the meaning given to that term in section 12-10 of the zoning resolution. Department. The term "department" means the department of city planning. Covered project. The term "covered project" means a project that includes one or more related land use applications, for which the city or a not-for-profit corporation of which a majority of its members are appointed by the mayor is either the applicant or a co-applicant, that: 1. The city planning commission has approved or approved with modifications for a matter described in paragraphs 3, 4, 8, or 10 of subdivision a of section 197-c; 2. The commission decision for which has been approved or approved with modifications by the council pursuant to section 197-d of the charter and is not subject to further action pursuant to subdivision e or f of such section; and 3. Changes the floor area or density for housing permitted on an as-of-right basis on at least four adjacent blocks of real property affected by the application. b. For each covered project approved by the city council on or after January 1, 2009, the department shall conduct a study of changes in population and housing that have occurred since the effective date of such covered project. Such study shall include, but not be limited to, an analysis of changes in the following characteristics in the project area and in a surrounding context area within a half-mile distance from the boundaries of the project area or a context area otherwise determined to be appropriate by the department, from the effective date of such covered project to a date ten years after such date: 1. Population and demographics; 2. Housing prices and rents; 3. Household income and household income as measured against the poverty level; 4. The number of housing units attributed to new building construction, alteration or demolition; and 5. The number of affordable housing units created, based on criteria selected or developed by the department. c. By the end of the calendar year beginning 14 years after the effective date of a covered project, the department shall transmit to the mayor and the speaker of the council and publish on its website a report documenting the results of the study described in subdivision b of this section. The report shall include relevant indicators of statistical significance and reliability and supporting explanation and context as necessary to describe the characteristics and changes over time. (L.L. 2021/162, 12/24/2021, eff. 12/24/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/162.

NYC Admin. Code § 25-120 Industrial development strategic plan.

§ 25-120 Industrial development strategic plan. a. Definitions. For purposes of this section: Contracted entity. The term “contracted entity” has the same meaning set forth in section 22-821. Departments. The term “departments” means the department of city planning and the department of small business services. Disadvantaged community. The term “disadvantaged community” means a disadvantaged community identified pursuant to section 75-0111 of the environmental conservation law. Emerging business enterprise. The term “emerging business enterprise” means a business certified as an emerging business enterprise in accordance with section 1304 of the charter. Industrial business zone. The term “industrial business zone” means an industrial business zone designated pursuant to section 22-626. Industrial sector. The term “industrial sector” means a segment of the economy that includes manufacturing, wholesale trade, transportation and warehousing, utilities, construction, production of information and media production, repair and maintenance, clean energy, and waste management and remediation services. Minority-owned business enterprise. The term “minority-owned business enterprise” means a business certified as a minority-owned business enterprise in accordance with section 1304 of the charter. Primary industrial area. The term “primary industrial area” means an area of an industrial business zone that is for predominantly industrial use, with large lots and access to designated truck routes, freight rail, or maritime freight capacity, supporting the preservation and growth essential industrial businesses and city infrastructure. Strategic planning area: The term “strategic planning area” means an area comprising each of the following boroughs or groups of community districts: borough of Manhattan; Bronx community districts 1 and 2; Bronx community districts 3 through 8; Bronx community districts 9 through 12; Queens community districts 1 through 6; queens community districts 7 through 14; Brooklyn community districts 1, 2, 3 4, 8, 9; Brooklyn community districts 5, 14, 15, 16, 17, 18; Brooklyn community districts 6, 7, 10, 11, 12, 13; and borough of Staten Island. Sustainable infrastructure. The term “sustainable infrastructure” means equipment or systems that prioritize economic or environmental sustainability and climate resiliency, including but not limited to clean energy infrastructure, flood resiliency infrastructure, or stormwater infrastructure. Women-owned business enterprise. The term “women-owned business enterprise” means a business certified as a women-owned business enterprise in accordance with section 1304 of the charter. b. No later than December 31, 2025, and no later than December 31 of every eighth year thereafter, the departments and a contracted entity, in consultation with the department of citywide administrative services, the department of transportation, the office of long-term planning and sustainability, and any other agency as determined by the departments and a contracted entity, shall submit to the mayor and speaker of the council and make publicly available on the city’s website, an industrial development strategic plan. Such plan shall include but need not be limited to: 1. A policy statement regarding the role of the industrial sector in achieving citywide objectives related to energy policy and greenhouse gas emissions; transportation and freight policy including improving supply chain resilience and reducing citywide truck traffic and its impacts on disadvantaged communities; siting of city operations or services; workforce development policies; and any related analysis of citywide industrial sector data, economic trends, and growth opportunities and challenges; 2. An overview of policies to support and grow the industrial sector, including but not limited to as-of-right and discretionary city and state financial incentives; city workforce development initiatives; city land use policies; major city capital investments; and any city policies relating to the impacts of growth of the industrial sector on disadvantaged communities; 3. For each designated industrial business zone: (a) Economic and land use data for the prior twenty years to the extent practicable, including where available and accessible: (1) Employment data including but not limited to department of labor quarterly census data on employment and wages data on the number of businesses and jobs in such zone disaggregated by sector and subsector, and workforce demographics for such zone including race, ethnicity, and country of origin; (2) Real estate data including average sale and rent prices per square foot for industrial and commercial properties in such zone; (3) Land use data at the tax lot level; and (4) Data on as-of-right and discretionary New York city and New York state tax credits or other financial incentives administered for businesses in the industrial sector located in such zone. (b) An identification of city-owned and city-leased property in such zone. 4. For each strategic planning area: (a) Strategies for the use of city-owned and city-leased property within industrial business zones for the overall strategic planning area; (b) A local business assessment in consultation with local industrial stakeholders including but not limited to non-profits that provide business services within industrial business zones, including a survey of businesses within the area to better understand local business conditions and needs; (c) A summary of environmental conditions in the area, any effects of such conditions on industrial businesses, and any implications for citywide policy on environmental justice and climate resiliency; and (d) An assessment of access to existing infrastructure, such as freight rail, truck routes, and maritime access, that is supporting or could support manufacturing and industrial activities. 5. An identification and description of recommended goals and strategies to support economic development and expand and retain businesses in the industrial sector, including but not limited to: (a) Recommendations for improving or establishing new financial incentives available to businesses in the industrial sector; (b) Recommendations relating to workforce development programs and policies, including educational and local hiring programming, and policies for increasing the participation of local business enterprises, minority- and women-owned business enterprises, and emerging business enterprises in the industrial sector; and (c) For each strategic planning area; (1) An identification of economic development goals including but not limited to priority industries and subsectors for growth in such area; (2) An identification of primary industrial areas and potential land use policy objectives; (3) An identification of potential capital investments, including for sustainable infrastructure and for development of city-owned or city-leased property within such area. c. No later than July 1 of any year the industrial development strategic plan is required to be submitted pursuant to subdivision b, the departments and a contracted entity shall submit to the mayor and speaker of the council and make publicly available on the city’s website a draft industrial development strategic plan. Following submission and posting online of such draft industrial strategic plan, the departments and a contracted entity shall hold no less than one public hearing in each borough to solicit public comment prior to submission of the industrial development strategic plan. d. No later than December 31, 2027, and no later than December 31 every 2 years thereafter, other than any such year in which an industrial development strategic plan is required to be submitted pursuant to subdivision b, the departments and a contracted entity shall submit to the mayor and speaker of the city council a progress report on the industrial development strategic plan. Such report shall include, at a minimum (a) any status update of the recommended goals and strategies identified in paragraph 5 of subdivision b of this section; and (b) any revisions or updates to policies, programs or actions in the previous industrial development strategic plan, including the reason for such revisions or updates. (L.L. 2023/172, 12/16/2023, eff. 3/15/2024)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-45639Fetched: 10/24/2026