City Planning approves City of Yes — with changes (2024)

The Adams administration’s key housing proposal is moving on to its biggest challenge: the City Council.

The City Planning Commission on Wednesday approved the City of Yes for Housing Opportunity, a broad zoning text amendment that aims to create “a little more housing in every neighborhood” — as many as 109,000 homes citywide.

The proposal is going through a process similar to the city’s Uniform Land Use Review Procedure and now heads to the City Council, where it faces some opposition, especially from outer-borough members who represent the periphery of the city.

The proposal would eliminate parking requirements for new housing, provide a zoning bump for affordable housing, allow the city to map districts to allow more residential density (with floor area ratios higher than 12), legalize accessory dwelling units, allow more office-to-residential conversions, permit shared housing and ease zoning around transit to allow three- to five-story apartment buildings.

“It’s not a limit or a cap on parking,” Commission Chair Dan Garodnick assured car-owning New Yorkers ahead of the vote. “Many developers will still choose to include parking.”

In a win for developers, City Planning proposed changes to the text amendment related to the Universal Affordability Preference, which provides a 20 percent increase in density, so long as the extra space is dedicated to permanently affordable housing. The measure would effectively increase density because multifamily developers need to include affordable units anyway to get the 421a and 485x tax breaks, which are essential to most apartment projects.

City Planning also agreed to continue allowing developers to meet affordable housing requirements by building offsite in certain districts — as permitted by the city’s Voluntary Inclusionary Housing program. Initially, the city proposed ending that privilege 10 years after the passage of City of Yes.

Developers also secured a change that will maintain a 3.5-square-foot bonus for every one square foot of affordable housing built. The text amendment originally sought to change that bonus to one square foot for every square foot of affordable housing. The industry argued that a minimal amount of market-rate housing would not be enough to subsidize income-restricted units.

The commission also carved out public housing campuses from provisions of City of Yes that allow religious and other institutions to build housing on underutilized space. Officials cited the fact that the New York City Housing Authority already has a process for infill development.

Garodnick also acknowledged during the meeting that discussions about accessory dwelling units safety are ongoing.

More than half of the city’s community boards voted against the text amendment, according to City Limits. But supporters were encouraged that nearly half supported it, as did four of the five borough presidents; Staten Island’s Vito Fossella was the exception. All those votes are advisory, but can influence the City Council.

Ahead of Wednesday’s vote, Commissioner Alfred Cerrullo said that while he supports the intent of City of Yes, it is a “one-size fits all” approach and that Staten Island, which he represents, is already building its share of housing. He was one of three commissioners who voted against the proposal.

Commissioner Leah Goodridge, an appointee of Public Advocate Jumaane Williams, also voted no, criticizing the proposal for not requiring lower rents.

“The affordability piece here is modest, and it is a preference,” she said. She also objected to what she called the “racial justice” framing of the text amendment, dismissing the narrative that only white homeowners in Queens and Staten Island are opposed to the proposal.

Commissioners Gail Benjamin and Rasmia Kirmani-Frye both said they were “torn” about the text amendment, but voted in favor, citing hope that more changes to the proposal were on the way.

The text amendment has become more vulnerable as investigations into the Adams administration, resignations of city officials and calls for Mayor Eric Adams to resign pile up. A weakened administration could embolden the City Council to push for changes that reduce how much housing the City of Yes would add.

Opposition has coalesced around proposals to lift parking requirements, legalize ADUs and allow more transit-oriented development.

When asked during a press conference Tuesday about the possible effect of investigations on City of Yes, the mayor said Council members will need to “vote with their conscience.”

“The only way to solve this crisis is to build more,” Adams said in a statement Wednesday. “Now, it is time for the City Council to meet the moment.”

After the vote, Garodnick said “nothing has really changed,” despite the turmoil. When asked by a reporter if he will “stick around” to see the City of Yes through, Garodnick said he is “totally committed to this, and making sure we give it the resources it needs to get it over the finish line.”

He dismissed the idea that the probes give the City Council leverage in negotiations.

“The city’s land use process affords a fair amount of power and authority to the City Council,” he said. “That is understood, that is respected, and we look forward to supporting them in their process and sorting out 1,400 pages of housing text and 51 members.”

On Wednesday, the City Planning Commission also approved plans for a 14-building complex in Borough Park that would include 270 apartments, of which 81 would be affordable. The commission also signed off on a special permit for Tishman Speyer to convert 10 floors of office space at 10 Rockefeller Center into 130 hotel rooms.

Ahead of the City of Yes vote, audience members in the front row held up yellow and orange signs reading: “No Affordability City of Mess,” “No to Development,” and “Don’t End Community Control.”