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What is NYC ZR § 123-32?

Quick Answer

This section mandates that new dwelling units in Special Mixed Use Districts achieve a minimum window wall attenuation of 35dB(A) to ensure interior noise levels do not exceed 45dB(A) with closed windows. The Office of Environmental Remediation (OER) may modify these requirements based on new information. Applies to building owners developing new dwelling units in specified districts.

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

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§ 123-32 Environmental Conditions

ZR § 123-32

In Special Mixed Use Districts, all new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation to maintain an interior noise level of 45dB(A) or less, with windows closed, and shall provide an alternate means of ventilation. 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.

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