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What is NYC ZR § 23-63?

Quick Answer

This section mandates that multiple dwelling residences with nine or more new dwelling units provide recreation space equivalent to at least three percent of the residential floor area. The recreation space must be accessible and meet specific dimensional and coverage standards. Applies to building owners developing or converting residential properties after December 5, 2024.

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

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§ 23-63 Required Recreation Space in Multiple Dwelling Residences

ZR § 23-63

All developments, enlargements, extensions or conversions in buildings that are multiple dwelling residences that result in nine or more new dwelling units after December 5, 2024 shall provide recreation space in accordance with this Section.

Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.

The amount of recreation space required shall be equivalent to a minimum of three percent of the residential floor area of the building. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of floor area pursuant to Section 12-10 (DEFINITIONS), provided that the standards of Section 23-231 (Floor area provisions for amenities) are met.

Additionally, such recreation space shall comply with the following standards:

all recreation space shall be accessible to the residents of the building;

the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;

any outdoor recreation space shall be open to the sky, except that: building projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and the combination of building projections, where provided, and any sun shading devices permitted pursuant to 23-311, including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and

building projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and

the combination of building projections, where provided, and any sun shading devices permitted pursuant to 23-311, including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and

any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.

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