New York politicians could change the size, shape and scale of Hell's Kitchen by changing a state law passed in the 1960s. Many elected officials want to lift height limits as they move forward with building more housing, but conservationists and activists say this is a real estate development that won't deliver the promised affordable apartments. I am concerned that this may be a ploy by the company.
Albany city lawmakers are considering lifting restrictions on New York City's residential density, known as floor area ratio (FAR) caps. This could increase the likelihood of even taller residential towers being built across Manhattan, including the Hell's District. kitchen. Those in favor of repealing the current rule argue that it will help the city build the housing it desperately needs, while repealers argue that the rule will create enough affordable housing. They are concerned that this could change the character of low- and mid-rise neighborhoods without any change.
Floor area ratio is a zoning regulation that determines how densely buildings can be built. Determine how high the building can rise if it occupies the entire site. For example, a residential building west of 8th Avenue between W41st and W59th Streets in the Special Clinton District has a FAR of 4.2. This means new buildings are only allowed up to four storeys if built on the entire site. However, if the developer builds only on his one section of the site (for example, he is 50%), he can build higher floors (in this case he is 8 floors).
Today, all new housing in New York City can be built with a FAR of 12 or less, thanks to a state law passed in the 1960s. That could change quickly, and some see it changing the size and scale of New York City neighborhoods.
Eliminating the residential FAR cap would not immediately change New York City's zoning, but the City Council could rezone individual parcels of land, or entire neighborhoods, to higher densities than currently allowed. becomes possible.
“[The FAR cap] Andrew Berman, executive director of the Greenwich Village Historic Preservation Society, said the potential to essentially destroy the incredibly modest protections that New York City's residential neighborhoods have against large-scale overdevelopment. “This is a guardrail for the real estate industry,” he said. W42ST. Without a cap, developers could theoretically build as high a tower as they want “literally the sky is the limit,” he added.
Hell's Kitchen is no stranger to new high-rise towers like SKY, a 71-story luxury apartment building at W42nd Street and 11th Avenue. The apartments start at $3,000 (by the way, this apartment considers itself located in “Midtown West” rather than Hell's Kitchen), or the 60-story Silver Tower across the street. Many of these buildings are constructed through a variety of methods, such as building on a portion of the site, purchasing air rights to an adjacent building, or including commercial or other non-residential uses in the building. Built under the existing 12 FAR cap. These glass towers, along with Midtown, provide the backdrop for the mostly walk-up apartment complexes that make up the heart of Clinton Borough.
“If you look at the incredibly tall buildings on Billionaires Row and the incredibly huge buildings that have been built in recent years on the west end of 42nd Street, they all have a density of less than 12 FAR because of their existing structure. It's a building built in. It's a cap,'' Berman said. “What the city would like to be able to do is zone out areas that would allow construction that is much larger than that, much larger than that, and that’s what happens.”
In a 2023 study by the New York City Art Institute, Berman found that under the city's current FAR cap, “approximately 1.9 billion square feet of unused development rights currently exist in zoning districts that are primarily residential.” “The city has room to grow under current zoning.”
State Sen. Brad Hoylman-Segal, who represents Hell's Kitchen, raised concerns that lifting the FAR cap would encourage regional development, which could lead to the demolition of buildings housing rent-stabilized apartments. He said he was aware of it.
The state Senate's budget proposal includes lifting the cap, but requires new developments to comply with “mandatory inclusionary housing or equivalent affordability requirements” and to “build outside historic districts.” It is being
“I'm a big proponent of preserving historic districts,” Hoylman-Sigal said. “This is not black and white, it's a nuanced perspective that involves more people than just the 63 senators sitting in leather seats. …Remove the FAR cap and put in guardrails. I think we can achieve the kind of engagement that enables creativity. [of new housing]”
Hoylman-Segal is the sponsor of another bill introduced in the Senate, S1944. The bill would require developers to replace rent-stabilized units in new buildings that are demolished during construction.
Hell's Kitchen City Councilman Tony Simone told W42ST on Tuesday that he supports a Senate-passed bill that would make new development subject to the city's Universal Land Use Review Process (ULURP). He said he thinks it should be done. ULURP requires input from a community board and an opportunity for review. Ask the people for their opinions.
“I think the size and character of the area will be decisive,” Simone said. “I think broad cap was just yesterday. We should be looking at positive ways to increase density.”
Simone, who lives near Hudson Yards, said if FAR caps were lifted, more vacant land such as Site K (418 11th Street) across from the Javits Center could be built, including so-called affordable housing. of housing could be produced, he added.
“I’m looking at the huge skyscraper offices and luxury towers in Hudson Yards. [of which] Just sit and do nothing,” Simone said. “I think there needs to be some flexibility in density if we can create more housing supply, and that should include middle-income housing. It shouldn't just be a playground for the rich. not.”
Simone said he is also eyeing the site of the now-demolished Hotel Pennsylvania at W. 33rd Street and 7th Avenue. The site was originally slated to become an office tower as part of the new Penn Station construction plan. Simone said the site is part of the state's comprehensive project plan, which allows the state to override local zoning, and if the cap is lifted, it could be redeveloped into more housing. He said that there is a possibility that
“What we need is to build affordable housing for the middle class,” Simone added. “It's outrageous and upsetting that in my district, Hell's Kitchen and Chelsea, people who grew up there are being forced to leave their homes.”
Another strong proponent of lifting the FAR cap is City Councilman Eric Bottcher, who weighs in on how local zoning on the West Side will change if the City of Albany gives the green light to increase housing density. He will be an influential person in making decisions.
“The housing crisis we are currently experiencing will pale in comparison to the crisis to come unless we take bold action,” Bottcher told W42ST.
Bottcher and six other City Council members signed a March 19 letter written by Manhattan Borough President Mark Levin urging Albany not only to build new buildings but also to convert old buildings to commercial use. They called for the removal of the upper limit on the conversion of buildings from land to residential use.
“There are office buildings that can be converted to housing, but there's a meaningless 12 FAR cap that only allows a portion of an office building to be converted to housing,” Bottcher said.
But, as Berman says, “That's dangerous, because…everyone is saying that commercial conversion is not only OK, but should be encouraged.” In fact, conservation Activists are among the strongest advocates for allowing commercial buildings to be converted to housing. ” This includes FAR allowing more than a dozen office buildings to be fully converted to residential use.
In fact, the majority of these conversions may not require lifting the FAR cap. “In terms of overbuilt buildings and conversion to housing, in fact, There is some debate about this, but currently our plan is to interpret the legal regulations to mean that if a building was constructed before 1977, 100% of the building can be converted into housing. .”
If the residential FAR cap is lifted, the measure will most likely be included in New York State's annual budget agreement, which was scheduled for early this week and is currently being negotiated. The bill joins myriad other housing measures, including just-cause eviction protections for tenants in unregulated units and new tax incentives for developers who build housing that includes affordable units. It is possible that they will be passed in parallel.
“If the FAR cap is to be lifted beyond conversion, there should be at least two additional limits,” Berman said. “It should only apply to 100% or near affordable new construction. Second…it should be limited to areas where already dense commercial development is allowed. One might argue, “What's the difference if we allow commercial development in the area, but there's residential development at the same high density?” ”
Simone wrote an op-ed last week calling for an “all of the above” approach to making the city more affordable for middle-class and low-income New Yorkers.
“I'm an eternal optimist and I hope we can find a compromise,” he said of Albany's current housing talks. “And that should also include tenant protections like Just Cause. It is criminal that landlords can raise rents by 2-300% and discount people, including middle-income households, just because they can. ”
Hoylman-Segal said it's unclear whether lawmakers, tenant activists and the New York Real Estate Commission will reach an agreement this year, and whether that agreement will include lifting the residential FAR cap.
“If there are conservation concerns, [and] It's affordable…it can be integrated into the final product, and I think there's an opportunity,'' Hoylman-Sigal said.
