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What is NYC ZR § 23-52?

Quick Answer

This section establishes the maximum number of dwelling units allowed in multiple dwelling residences based on the residential floor area and applicable dwelling unit factors. It specifies exceptions for certain developments and conversions. Applies to building owners in designated zoning districts managing multiple dwelling residences.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 23-52 Maximum Number of Dwelling Units

ZR § 23-52

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In the districts indicated, for buildings containing multiple dwelling residences, the maximum number of dwelling units permitted shall be determined by dividing the maximum residential floor area permitted on the zoning lot by the applicable dwelling unit factor. The applicable dwelling unit factor shall be as follows:

For the following types of multiple dwelling residences, there shall be no applicable dwelling unit factor: developments or enlargements of residences in special density areas; qualifying senior housing; or conversions of any non-residential building, or portion thereof, to residences in the special density areas, or outside of special density areas, conversions of community facility buildings, or portions of buildings containing community facilities, to residences.

developments or enlargements of residences in special density areas;

qualifying senior housing; or

conversions of any non-residential building, or portion thereof, to residences in the special density areas, or outside of special density areas, conversions of community facility buildings, or portions of buildings containing community facilities, to residences.

For all other types of multiple dwelling residences, the applicable dwelling unit factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one dwelling unit.

In addition, for zoning lots with residential uses that have different dwelling unit factor applicability, for the purposes of calculating the maximum number of dwelling units permitted within buildings, or portions thereof, that are subject to a dwelling unit factor, the calculation shall exclude the floor area not subject to a dwelling unit factor before dividing by the dwelling unit factor. Where floor area in a building is shared by multiple residential uses, the floor area for such shared portion shall be attributed to each residential use proportionately, based on the percentage each residential use occupies of the total floor area of the zoning lot, less any shared floor area.

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