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

What is NYC ZR § 109-35?

Quick Answer

This section mandates noise attenuation requirements for residential and commercial uses in Area B, specifying a minimum window wall attenuation of 35 dB(A) for residential and 30 dB(A) for commercial. The Office of Environmental Remediation may modify these requirements under certain conditions. Applies to building owners in developments within Area B.

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 →

§ 109-35 Noise Attenuation

ZR § 109-35

For any residential or commercial use in a development within Area B:

(a)window wall attenuation of 35 dB(A) for residential uses or 30 dB(A) for commercial uses, shall be provided. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy; and

(b)alternative means of ventilation shall be provided, such as, but not limited to, central air conditioning or the provision of air conditioning sleeves, with such alternative means to conform to the provisions of Sections 27-752 to 27-756 of the Building Code of the City of New York.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 109-35?

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