93-131 - Certification for office use

LAST AMENDED
12/5/2024

The provisions of this Section shall apply to all #developments# or #enlargements# in the #Hudson Yards Redevelopment Area#,
with the exception of Subdistricts F and G.

(a)   No temporary certificate of occupancy from the Department of Buildings may be issued for any portion of a
      #development# or #enlargement# in the #Hudson Yards Redevelopment Area# that includes #uses# listed under Office in
      Use Group VII #developed# or #enlarged# after January 19, 2005, until the Chairperson of the Department of City
      Planning certifies to the Commissioner of Buildings that:

      (1)    such #development# or #enlargement# does not utilize any #floor area# increases pursuant to Section 96-25 (Floor
             Area Bonus for New Theater Use); or

      (2)    such #development# or #enlargement# utilizes #floor area# increases pursuant to the special provisions for
             #qualifying affordable housing# or #qualifying senior housing# in Sections 93-222 (Maximum floor area ratio in
             the 34th Street Corridor Subdistrict C) or 93-223 (Maximum floor area ratio in Hell’s Kitchen Subdistrict D), or
             the provisions of Sections 93-30 (SPECIAL FLOOR AREA REGULATIONS), inclusive, or 96-25, and will not
             result in a total amount of office #floor area# #developed# or #enlarged# after January 19, 2005, within the
             #Hudson Yards Redevelopment Area# of over 20 million square feet.


       All #developments# or #enlargements# so certified shall be permitted in accordance with the provisions of this Chapter,
       or the provisions of the #Special Clinton District# or the #Special Garment Center District#, as applicable.

(b)   Where the Chairperson of the Department of City Planning determines that the amount of #floor area# for #uses# listed
      under Offices in Use Group VII in any #development# or #enlargement# will result in a total amount of #floor area#
      #developed# or #enlarged# with such #use# after January 19, 2005, within the #Hudson Yards Redevelopment Area# of
      over 20 million square feet, no building permit from the Department of Buildings shall be issued for any #development#
      or #enlargement# that includes offices constructed after January 19, 2005, until the Chairperson certifies to the
      Commissioner of Buildings that:

      (1)    such #development# or #enlargement# does not utilize any #floor area# increases pursuant to the special
             provisions for #qualifying affordable housing# or #qualifying senior housing# in Sections 93-222 or 93-223, or the
             provisions of Sections 93-30, inclusive, or 96-25; or
       (2)    such #development# or #enlargement# utilizes #floor area# increases pursuant to the special provisions for
              #qualifying affordable housing# or #qualifying senior housing# in Sections 93-222 or 93-223, or the provisions of
              Sections 93-30, inclusive, or 96-25, and will not result in a total amount of office #floor area# #developed# or
              #enlarged# after January 19, 2005, within the #Hudson Yards Redevelopment Area# of over 25 million square
              feet.


       All #developments# or #enlargements# so certified shall be permitted in accordance with the provisions of this Chapter,
       or the provisions of the #Special Clinton District# or the #Special Garment Center District#, as applicable.

       However, if such #developments# or #enlargements# fail to comply with the provisions of Section 11-331 with respect to
       completion of foundations within one year of the date of certification pursuant to this Section, such building permit
       shall lapse, and any new building permit will require a new Chairperson’s certification pursuant to this Section.

(c)   Where the Chairperson of the Department of City Planning determines that the amount of #floor area# for #uses# listed
      under Offices in Use Group VII in any #development# or #enlargement# will result in a total amount of #floor area#
      #developed# or #enlarged# with such #use# after January 19, 2005, within the #Hudson Yards Redevelopment Area# of
      over 25 million square feet, and where such #development# or #enlargement# utilizes #floor area# increases pursuant to
      the special provisions for #qualifying affordable housing# or #qualifying senior housing# in Sections 93-222 or 93-223, or
      the provisions of Sections 93-30, inclusive, or 96-25, such #development# or #enlargement# shall be permitted only upon
      authorization of the City Planning Commission pursuant to Section 93-132.

       However, no such authorization shall be required for #developments# or #enlargements# utilizing the Inclusionary
       Housing Program within the area bounded by West 35th Street, Eighth Avenue, West 33rd Street, and a line 100 feet
       east of and parallel to Ninth Avenue, or in the 42nd Street Perimeter Area of the #Special Clinton District#, where the
       total #floor area ratio# for such #developments# or #enlargements# does not exceed 12.0.