Disclaimer: This post is based on a partial review of ZRD1 approvals. A more thorough analysis of all ZRD1’s approved by the department may lead to alternate conclusions. In addition, department practice may have evolved in more recent approvals. The ZRD1 Project strives to be accurate and fair-minded and we welcome clarifying information from the department or anyone who has better information on the subject discussed below. Please email info@zrd1.com with any questions or concerns.

July 2024 Update - The City of Yes for Economic Opportunity text amendment makes portions of these blog posts obsolete.  Some text sections have been reorganized and links to section references may no longer be accurate.  More importantly, the text amendment opens a new chapter in New York City zoning analysis.  Until such time that these posts can be updated, please consider this post as representative of NYC zoning prior to the enactment of the City of Yes text amendments.

Deducting a Refuse Room at Every Apartment

Sometimes an amendment to the zoning text makes a prior approval obsolete. Such was the case with this clever idea for a building at 73 Sullivan Street to designate a closet in every apartment as a “refuse storage room” and deduct 12 square feet of floor area.

At the time, section 28-23 (now changed to section 28-12) Refuse Storage and Disposal, read:

There was nothing in the text that prevented the deduction of more than one of these per floor. The applicant confirmed the Department’s interpretation of this section via a ZRD1. In this instance the additional deduction amounted to 72 square feet, but if the concept was applied to a larger building the deductions would grow proportionately.

Since the time of this approval, the wording of this section was changed slightly and this floor area deduction is no longer possible. The Zoning for Quality and Affordability Text Amendment added the term “per story” at the end of the section. Here is the comparison text included in the enacted Text Amendment (N 160049 ZRY)

By adding the term “per story” to section 28-23, the ZQA eliminated this clever technique to deduct 12 sf from every apartment in a Quality Housing building.