96-104 - Dwelling unit regulations

LAST AMENDED
12/5/2024


(a)   #Dwelling unit# distribution

      The density provisions set forth in Section 23-52 (Maximum Number of Dwelling Units) shall apply. In addition, for
      #developments#, #enlargements#, #extensions# or #conversions# of an existing #building# to a #residential use#, or
      alterations that create additional #dwelling units#, at least 20 percent of the #dwelling units# on the #zoning lot# shall
      contain two bedrooms. However, notwithstanding any provision to the contrary contained in this Section, the minimum
      20 percent, two-bedroom unit requirement shall not apply to alterations which add a code-complying bathroom,
      pursuant to Section 27-2063 of the Housing Maintenance Code of the City of New York, to a #dwelling unit# which is
      publicly assisted (exclusive of any tax abatement or tax exemption program), and which is administered by a not-for-
      profit agent.

      The City Planning Commission, by special permit, may modify the two-bedroom unit distribution requirement of this
      Section for an #affordable independent residence for seniors# or for a #residence# substantially for elderly persons with
      disabilities, under jurisdiction of a State or City agency, provided that the following findings are made:

      (1)     that such #residences# are sponsored by a voluntary non-profit organization;

      (2)    that the location and size of such facility does not create an undue concentration of #dwelling units# of this type
             and #community facilities# with sleeping accommodations within the immediate area;

      (3)    that there are social service, health and related programs for the residents including a maintenance and security
             plan;

      (4)     that on-site recreation areas for the use of the residents are provided; and

      (5)     that the proposed #residences# will not overburden existing public services in the neighborhood.


       The Commission may prescribe appropriate conditions or safeguards to minimize the adverse effect of any #use#
       permitted under this Section on the #residential# character of the surrounding area.

(b)    Special provisions for owner-occupied #buildings# containing #residences#

      For alterations of #buildings# containing #residences#, where such #buildings# are owner-occupied and which contain
      four or fewer #dwelling units#, the #dwelling unit# distribution provisions of this Section shall not apply.