143-14 - Non-residential Retention for Qualifying Buildings

LAST AMENDED
12/15/2021

For #developments#, #enlargements#, and #conversions# on #zoning lots# with #qualifying buildings# existing on December 15,
2021, #residential uses# shall only be permitted upon certification by the Chairperson of the City Planning Commission to the
Commissioner of the Department of Buildings that the #zoning lot#, as it existed on December 15, 2021, will contain at least
the amount of non-#residential# #floor area# that existed within such #qualifying buildings# on the #zoning lot# on December
15, 2021, or where the #qualifying building# will be #converted# to #residences# that are exclusively #income-restricted housing
units#. For the purposes of this Section, non-#residential floor area# shall not include #residences#, including #dwelling units#
that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7-C of the
New York State Multiple Dwelling Law or that the Loft Board determines were occupied for #residential use# on September 1,
1980, #joint living-work quarters for artists#, #community facility uses# with sleeping accommodations or #transient hotels#,
where permitted.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners,
successors and assigns to provide the amount of non-#residential floor area# that existed within #qualifying buildings# on
December 15, 2021, on the #zoning lot#. Such restrictive declaration shall be recorded in the Office of the City Register.