Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 74-79?

Quick Answer

This section allows the City Planning Commission to permit transfers of development rights from landmark sites in certain districts, provided specific findings regarding light, air access, and harmony with the surrounding area are met. Applies to property owners seeking to exceed maximum floor area ratios in commercial and manufacturing districts.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 74-79 Transfer of Development Rights From Landmark Sites

ZR § 74-79

The City Planning Commission may permit the allowances in paragraph (a) provided that the findings in paragraph (b) are met,

The Commission may permit: in Commercial Districts or Manufacturing Districts where the maximum floor area ratio for non-residential uses is 15.0 or greater, a transfer of development rights pursuant to Section 75-42 (Transfer of Development Rights From Landmarks) that exceeds the maximum floor area allowable on such zoning lot by more than 30 percent; or in all districts, for developments or enlargements, bulk modifications, other than floor area ratio, to be made in conjunction with a transfer of development rights pursuant to Section 75-42.

in Commercial Districts or Manufacturing Districts where the maximum floor area ratio for non-residential uses is 15.0 or greater, a transfer of development rights pursuant to Section 75-42 (Transfer of Development Rights From Landmarks) that exceeds the maximum floor area allowable on such zoning lot by more than 30 percent; or

in all districts, for developments or enlargements, bulk modifications, other than floor area ratio, to be made in conjunction with a transfer of development rights pursuant to Section 75-42.

In order to grant such special permit, the Commission shall find that: the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets; and the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area.

the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets; and

the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 74-79?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters