2023 New York Laws › MDW - Multiple Dwelling › Article 3 - Multiple Dwellings--General Provisions › Title 1 - Light and Air › 26 - Height, Bulk, Open Spaces.

§  26.  Height,  bulk,  open  spaces.  1.  Dwellings affected. a. This
section, except as may specifically be provided  otherwise  in  articles
six and seven, shall apply to all dwellings erected, enlarged, converted
or  altered  pursuant  to  plans  filed  on or after December fifteenth,
nineteen hundred sixty-one for the purpose of  regulating  their  height
and  bulk  and  regulating and determining the area of yards, courts and
other open spaces of such dwellings.
b. The construction, enlargement,  conversion  or  alteration  of  any
dwelling undertaken pursuant to plans filed prior to December fifteenth,
nineteen hundred sixty-one in compliance with the provisions of sections
twenty-six,  twenty-seven  and  twenty-eight  of  this  chapter, as they
existed prior to the enactment of chapter ten hundred seventy-two of the
laws of nineteen hundred sixty, effective July first,  nineteen  hundred
sixty-one  may  be commenced, continued or completed as if such sections
remained in full force and effect.  Notwithstanding  the  provisions  of
subdivision  four  of  section  three  hundred, the department shall not
require any change or modification in the height or bulk or in the  area
of  yards,  courts  and  other open spaces of dwellings to be erected or
enlarged pursuant to plans filed prior to December  fifteenth,  nineteen
hundred sixty-one as a condition for the reissuance of a building permit
or  the  renewal  of an approval, except as may otherwise be provided by
local law, ordinance or zoning ordinance.
c. Nothing in this section shall be construed to require any change in
the height, bulk, or open  space  of  any  dwelling  erected,  enlarged,
converted  or altered pursuant to plans filed before December fifteenth,
nineteen hundred sixty-one.
d. Notwithstanding the  provisions  of  paragraphs  a,  b  or  c,  the
provisions  of  this section shall apply to buildings erected, enlarged,
converted  or  altered  pursuant  to  plans  filed  prior  to   December
fifteenth,  nineteen  hundred  sixty-one,  where  such compliance may be
required by local law, ordinance or zoning ordinance.
2. Definitions. For the purpose of  this  section  certain  words  are
defined  herein  but  such  definitions  shall  not be held to modify or
affect legal interpretations of such terms or words as used in any local
law, ordinance, rule or regulation and shall apply in  addition  to  and
not in substitution for the provisions of section four of this chapter.
a.  "Accessory  use  or  accessory  structure":  a  use  or  structure
customarily incident to the principal use or building:
b. "Floor area": the sum of the gross horizontal areas of all  of  the
several  floors of a dwelling or dwellings and accessory structures on a
lot measured from the exterior faces  of  exterior  walls  or  from  the
center line of party walls, except:
(1) cellar space;
(2) attic space providing head room of less than eight feet;
(3) space for mechanical equipment;
(4) elevator and stair bulkheads, tanks and cooling towers;
(5)  open or roofed terraces, exterior balconies or porches, uncovered
steps and open porte-cocheres or breezeways abutting or adjoining  grade
entrances;
(6)  accessory  space  used  for  off-street  motor vehicle parking or
storage.
c. "Floor area ratio (FAR)": A figure determined by dividing the floor
area of the several floors of all buildings on a lot by the area of such
lot.
d. "Corner lot": A lot bounded entirely by  streets  or  a  lot  which
adjoins  the  point of intersections of two of more streets and in which
the interior angle formed by the extensions of the street lines  in  the
directions  which  they take at their intersections with lot lines other

than street lines, forms an angle of one hundred thirty-five degrees  or
less.  In  the  event  that  any  street line is a curve at its point of
intersection with a lot line other than a street line,  the  tangent  to
the  curve at that point shall be considered the direction of the street
line. The portion of such lot subject to the regulations for corner lots
is that portion bounded  by  the  intersecting  street  line  and  lines
parallel to and one hundred feet from each intersecting street line. Any
remaining  portion  of  a corner lot shall be subject to the regulations
for a through lot or for an interior lot, whichever is applicable.
e. "Tower": A dwelling or dwellings or portion thereof  which  has  an
aggregate  horizontal area of not more than forty per centum of the area
of a lot, or, for lots of less than twenty thousand square feet, the per
centum set forth in the following table:
Area of lot       Maximum percent
(in square feet)      of lot coverage
10,500 or less ............................. 50 %
10,501 to 11,500 ........................... 49
11,501 to 12,500 ........................... 48
12,501 to 13,500 ........................... 47
13,501 to 14,500 ........................... 46
14,501 to 15,500 ........................... 45
15,501 to 16,500 ........................... 44
16,501 to 17,500 ........................... 43
17,501 to 18,500 ........................... 42
18,501 to 19,999 ........................... 41
3. Floor area ratio (FAR). The floor area ratio (FAR) of any  dwelling
or dwellings on a lot shall not exceed 12.0, except:
a.  A  fireproof  class  B  dwelling  in  which  six or more passenger
elevators are maintained and operated in any city having a local  zoning
law,  ordinance  or  resolution  restricting  districts  in such city to
residential use, may be erected in accordance  with  the  provisions  of
such  zoning  law,  ordinance or resolution, if such class B dwelling is
erected in a district no part of which is restricted by such zoning law,
ordinance or resolution to residential uses.
b. In a city with a population of one million or more,  the  permitted
floor  area ratio (FAR) of any dwelling or dwellings on a lot may exceed
12.0 provided that:
(1) such city approves any increase in such permitted floor area ratio
(FAR) in accordance with local requirements for public  review  of  land
use  actions  including,  where applicable, such city's uniform land use
review procedure;
(2) such city designates the lot where such dwelling or dwellings  are
located as subject to a program established in the zoning law, ordinance
or  resolution  of  such  city  that  mandates  that  any new housing on
designated lots include minimum percentages  of  permanently  affordable
housing  equivalent to or exceeding the requirements under any mandatory
inclusionary housing program;
(3) such dwelling or dwellings are not located on the same zoning  lot
as  a  building  occupied  in  whole  or  in  part for joint living-work
quarters for artists pursuant to article seven-B of this chapter, or  on
the  same  zoning  lot  as a building subject to article seven-C of this
chapter;
(4) such  dwelling  or  dwellings  are  not  located  within  an  area
designated by such city as a historic district;
(5)  no multiple dwelling with a floor area ratio (FAR) exceeding 12.0
shall be newly constructed on or after the effective date of the chapter
of the laws of two thousand twenty-four that amended this subdivision on
any zoning or tax lot that contains a dwelling or multiple dwelling with

a floor area ratio (FAR) below 12.0 unless  such  dwelling  or  multiple
dwelling  with  a  floor  area  ratio (FAR) below 12.0 complies with the
requirements of section 27-2093.1 of the administrative code of the city
of New York, or any successor law or program relating to the issuance of
certificates  of no harassment as defined in such section, in accordance
with terms of such section or successor law or  program,  provided  that
nothing  in  this paragraph shall affect the application of such section
to any other building; and
(6) the owner of a  dwelling  or  dwellings  that  are  demolished  or
removed  to  construct a multiple dwelling with a floor area ratio (FAR)
exceeding 12.0 shall offer,  to  each  household  who  occupied  such  a
dwelling  unit  within  the  six  months  preceding  such  demolition or
removal, financial compensation equal to one month's rent for every year
of lawful tenancy in such dwelling unit, not to exceed six months, or  a
lease  in  a comparable unit at a comparable rent in a decent, safe, and
sanitary dwelling in an area not generally less desirable in  regard  to
public utilities and public and commercial facilities.
c.  In  a  city  with  a  population of one million or more, a general
project plan adopted by the New York state urban development corporation
for a project may permit a floor area ratio (FAR)  of  any  dwelling  or
dwellings on a lot to exceed 12.0 provided that:
(1)  not less than twenty-five percent of any rental dwelling units in
such project, upon  initial  rental  and  upon  each  subsequent  rental
following  a  vacancy,  are affordable to and restricted to occupancy by
individuals or  families  whose  household  income  does  not  exceed  a
weighted  average  of eighty percent of the area median income, adjusted
for family size, at the  time  such  households  initially  occupy  such
dwelling units;
(2)  such dwelling or dwellings are not located on the same zoning lot
as a building occupied  in  whole  or  in  part  for  joint  living-work
quarters  for artists pursuant to article seven-B of this chapter, or on
the same zoning lot as a building subject to  article  seven-C  of  this
chapter;
(3)  such  dwelling  or  dwellings  are  not  located  within  an area
designated by such city as a historic district;
(4) no multiple dwelling with a floor area ratio (FAR) exceeding  12.0
shall be newly constructed on or after the effective date of the chapter
of the laws of two thousand twenty-four that amended this subdivision on
any zoning or tax lot that contains a dwelling or multiple dwelling with
a  floor  area  ratio  (FAR) below 12.0 unless such dwelling or multiple
dwelling with a floor area ratio (FAR)  below  12.0  complies  with  the
requirements of section 27-2093.1 of the administrative code of the city
of New York, or any successor law or program relating to the issuance of
certificates  of no harassment as defined in such section, in accordance
with terms of such section or successor law or  program,  provided  that
nothing  in  this paragraph shall affect the application of such section
to any other building; and
(5) the New York state urban  development  corporation  shall  not  be
empowered  to  undertake  the acquisition, construction, reconstruction,
rehabilitation or improvement of a project pursuant  to  this  paragraph
unless the New York state urban development corporation finds that there
is  a  feasible  method  for  the relocation of families and individuals
displaced  from  the  project  area  into  decent,  safe  and   sanitary
dwellings, which are or will be provided in the project area or in other
areas  not  generally  less  desirable in regard to public utilities and
public  and  commercial  facilities,  at  rents  or  prices  within  the
financial   means  of  such  families  or  individuals,  and  reasonably
accessible to their places of employment. Insofar as  is  feasible,  the

New  York  state  urban  development  corporation  shall  offer  housing
accommodations to such families and individuals in residential  projects
of  the New York state urban development corporation. The New York state
urban  development  corporation  may  render  to business and commercial
tenants and to families or other  persons  displaced  from  the  project
area,  such  assistance  as  it  may  deem  necessary  to enable them to
relocate.
4. Height. A dwelling may be erected to any height and any  number  of
stories  so  long as it does not exceed the bulk limitations hereinafter
prescribed.
5. Rear yard. a. Except as otherwise provided in the zoning resolution
of the city of New York and except as hereinafter provided for a  corner
lot,   an  interior  lot  within  one  hundred  feet  of  the  point  of
intersection of the two street lines intersecting at  an  angle  of  one
hundred thirty-five degrees or less, an interior lot fronting on a block
measuring  less  than  two  hundred  thirty  feet  in length between two
intersecting streets or a through lot, a rear yard shall be required for
each dwelling and shall extend the entire width  of  the  lot  at  every
point. For dwellings occupying an entire block or a through lot, no rear
yard shall be required. When dwellings do not exceed in area thirty-five
per  centum  of  the  plot, the department shall permit such location of
yards and courts as will promote the best possible plot ventilation. For
purposes of this paragraph a, a block shall not be deemed less  than  an
entire block because a portion thereof is conveyed after construction of
such multiple dwelling or dwellings to a city for public park purposes.
b.  Except  as otherwise provided in the zoning resolution of the city
of New York, the minimum depth of a required rear yard shall  be  thirty
feet  for  the  first one hundred twenty-five feet above curb level, and
fifty feet above that point. The depth of a rear yard shall be  measured
at right angles from the rear lot line to the extreme exterior rear wall
of  the dwelling. The provisions of this paragraph requiring a rear yard
fifty feet in depth for portions of a building in excess of one  hundred
twenty-five feet above the curb level shall not be applied to a tower.
c.  Except  as otherwise provided in the zoning resolution of the city
of New York, on a corner lot no rear yard shall be  required,  provided,
however, every required window shall open into either:
(1) a lawful inner or outer court; or
(2)  a  side or rear yard with a minimum width or depth of thirty feet
in one direction; or
(3) if such lot is less than ten thousand square feet in area, a  side
yard  with  a minimum width of twenty feet, or an inner space equivalent
to the area of a lawful inner court.
d. Except as otherwise provided in the zoning resolution of  the  city
of  New York, on any through lot one hundred ten feet or more in maximum
depth from street to street, one of the following rear yard  equivalents
shall be provided:
(1)  An open area with a minimum depth of sixty feet, extending across
the entire lot and linking abutting rear yards, or if no such rear yards
exist, then an open area, with a minimum depth of sixty feet, midway (or
within five feet thereof) between the two street lines upon  which  such
through lot fronts and provided further that the provisions of paragraph
b  of  this  subdivision  shall  apply above a height of one hundred and
twenty-five feet above the curb level as if such  rear  yard  equivalent
were two adjoining rear yards; or
(2)  Two open areas, each abutting and extending along the full length
of a street line, and each with a minimum depth of thirty feet  measured
from such street line; or
(3) An open area adjoining and extending along the full length of each
side  lot  line,  with a minimum width of thirty feet measured from each
side lot line.
e.  When  the  maximum  depth of any interior lot owned separately and
individually from  all  other  adjoining  tracts  of  land  on  December
fifteenth,  nineteen  hundred  sixty-one  is less than seventy feet, the
required depth of the rear yard of a dwelling on such lot for the  first
one  hundred twenty-five feet above curb level may be decreased one foot
for each foot by which the maximum depth  is  less  than  seventy  feet.
However, any such yard shall never be less than ten feet in depth at any
point above its lowest level.
f.  Except for fireproof buildings and except as otherwise provided in
this paragraph there shall be access from a street to the yard through a
fireproof passage either in a direct  line  or  through  a  court.  Such
passage  shall be not less than three feet in clear width and seven feet
in height. Such passage shall not be required for  a  multiple  dwelling
which  does  not  exceed  three stories in height and is not occupied by
more than one family on any story or three families  in  all  or  for  a
dwelling which does not exceed two stories in height and is not occupied
by  more than two families on any story or four families in all provided
every required means of egress from such dwelling leads  directly  to  a
street  or to an outer court opening upon a street. When a dwelling does
not exceed three stories in height and is not occupied by more than  two
families   on   any   story,   such  passage  may  be  of  fire-retarded
construction.
6. Side yard. Except as otherwise provided in the zoning resolution of
the city of New York, no side yard shall be required. If a side yard  is
provided  it  shall  in no event be less than eight feet in width at any
point. Such side yard need not exceed thirty feet in width.
7. Courts. Except as otherwise provided in the  zoning  resolution  of
the city of New York:
a. An inner court shall have minimum width of four inches per foot for
each one foot of height of such court, but in no event less than fifteen
feet  in width at any point. The area of such inner court shall be twice
the square of the width of the court dimension based on  the  height  of
such court, but in no event less than three hundred fifty square feet in
area.  The  area  of such court need not exceed one thousand two hundred
square feet provided that the minimum horizontal  distance  between  any
required  window of a living room opening on an inner court shall not be
less than thirty feet from any wall opposite such window. For a dwelling
three stories or less in height, an inner court may have a minimum width
of three inches for each one foot of height of such  court,  but  in  no
event  less  than ten feet in width at any point. The area of such court
shall be twice the square of the required width of court dimension based
on the height of such court but in no event less than two hundred  fifty
square  feet  in area. An air in-take of fireproof construction shall be
provided at or near the lowest level of every inner court  of  dwellings
exceeding  two  stories in height, and shall communicate directly with a
street or yard. Such in-take shall have a vertical cross-sectional  area
of  not less than twenty-one square feet and a minimum width of not less
than  three  feet  in  its  least  dimension,  and  shall  be  open  and
unobstructed  throughout,  except that where the intake is not used as a
passage  or  exit,  gates  or  grilles  which  do  not  interfere   with
ventilation may be installed.
b.  An  outer  court at any given height shall have a minimum width at
least equal to twice the depth of such outer court if such  outer  court
is  less  than  thirty feet wide. Such outer court shall have a width at
least equal to its depth if such court is thirty feet or more in  width.

An  outer  court need not exceed sixty feet in width. Except as provided
in section sixty, an outer court on a side lot line  may  begin  at  the
level  of  the floor of the lowest story in which there is a living room
opening  therefrom.  Any outer court not on a side lot line may begin at
any level, the height of such court to be measured  from  the  level  at
which such court begins.
7-a.  Lights  in  rear  yards, side yards, front yards and courts. The
owner of every dwelling shall install and maintain in every  rear  yard,
side  yard,  front  yard  and  court a light or lights of at least forty
watts of incandescent illumination or equivalent illumination,  in  such
locations  as  the department may prescribe, which shall be kept burning
from sunset on each day to sunrise on the day following.
8. Level of areas adjoining living rooms. The bottom of any yard, rear
yard equivalent, court or other open area which  abuts  or  adjoins  and
gives  light or ventilation to a living room shall be at the floor level
or lower of such living room, except that:
a. If the depth of a yard exceeds the minimum  required  depth  by  as
much as one-half, the bottom of such yard may be at any level not higher
than six inches below the window sills of any such adjoining living room
and not more than three feet above the floor of such room.
b.  If  the width of an outer court exceeds the minimum required by as
much as forty per centum, the bottom of such court may be at  any  level
permitted by paragraph a for a yard or rear yard equivalent.
9.  Permitted obstructions. Every yard and court shall comply with all
the requirements of this section and be open and unobstructed  at  every
point  from  the lowest level to the sky except that the following shall
not be deemed to obstruct or reduce the area of otherwise lawful  yards,
rear  yard  equivalents  or  courts,  provided  that  required light and
ventilation for living rooms and required egress from the  dwelling  are
maintained to the satisfaction of the department:
a.  Accessory  off-street parking spaces, open or enclosed, conforming
to the applicable provisions of section sixty.
b. Fire escapes erected as provided in paragraph b of subdivision  two
of section fifty-three.
c.  In  a  yard  or  rear  yard  equivalent,  boiler flues or chimneys
projecting not more than three feet into such yard  and  provided  every
such  flue  or chimney does not exceed two per cent of the required area
of the yard.
d. Outside stairways, fire towers, platforms  or  balconies  or  other
similar projections which extend beyond the wall of the dwelling.
e.   Enclosures   of  balconies  or  spaces  erected  as  provided  in
subdivision four of section thirty.
f. Arbors, trellises, awnings or canopies, fences,  flag  poles,  open
steps, or breezeways.
g.  Recreational or drying yard equipment except as otherwise provided
in section fifty-six.
h. Walls not exceeding eight feet in height and not roofed or part  of
a structure.
i.  Retaining  walls to protect adjoining premises provided such walls
are not more than fifteen feet in height measured from the curb level of
the lot on which such walls are erected, do not extend above the sill of
any required living room window on the first story facing  such  a  wall
and  do not extend more than thirty-six inches into the required area of
a yard, rear yard equivalent or court.
j. A party wall not more than twelve inches into the required area  of
a yard, or rear yard equivalent or court.
k.  Nothing in this section shall be deemed to prevent cutting off the
corners of any yard, rear yard equivalent or court, provided the running

length of the wall at the angle of such yard or court  does  not  exceed
seven feet.
l.  In  a  rear  yard  equivalent,  an  enclosed passageway connecting
portions of separate buildings where such  passageway  does  not  exceed
fourteen  feet  in height and fifteen feet in width measured between the
outer faces of the walls thereof.
m. In a city with a population of one million or  more,  the  area  of
yards,  rear  yard  equivalents,  courts or open spaces required by this
section, section one hundred seventy-two or section two  hundred  twelve
of  this  chapter  shall  not  be  deemed to be reduced or obstructed by
exterior wall thickness of up to eight inches added to the exterior of a
building to accommodate the addition of insulation to  the  extent  that
such  exterior  wall  thickness  is  a  permitted  obstruction  for such
building under the zoning resolution of such city.
10. Nothing contained in this section shall be deemed to  prevent  the
turfing  over  of  any  yard or court space or the planting of shrubs or
trees therein when approved by the department.
11. Pending actions or proceedings. Nothing contained in this  section
shall affect or impair any act done, offense committed or right accruing
or  accrued or acquired, or liability, penalty, forfeiture or punishment
incurred prior to December fifteenth, nineteen  hundred  sixty-one,  but
the same way may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extend as if this section had not been enacted.