Long Island Construction Law does not own this content. This content was created by Sasha Jones, and was published to BisNow on July 24th, 2024. To view the full article, please click here.
To most developing in New York City, the “sliver law” is just a fact of building. In a city where the sky’s the limit, the 41-year-old rule in the city’s zoning code restricts buildings on lots narrower than 45 feet to a height no taller than 100 feet or the equivalent of the width of the adjacent street, whichever is less.
But as Mayor Eric Adams attempts to unlock as much new housing supply as possible under his City of Yes zoning reform proposals, the longstanding rule could be struck down, allowing narrow towers to rise.
That could unlock 51M SF, or nearly 76,000 new units of housing, according to an analysis by PropertyScout provided to Bisnow.
The review combed through city building, property and permit records of development sites that are affected by the sliver law, have air rights intact and are less than 75% built under all other zoning codes.
“The reality is, if we want to create more housing in this city, there’s only so much land,” Ariel Property Advisors founding partner Michael Tortorici said. “We have to build up.”
Unlike typical neighborhood rezonings, the Adams administration’s City of Yes proposal looks to up housing production by modernizing outdated citywide regulation. Eliminating the sliver law is among the various updates proposed.
The multifaceted proposal has become best known for its plan to make office-to-residential conversions possible in more areas of the city. However, its goal to build “a little more housing in every neighborhood” includes smaller changes, like legalizing housing in backyard cottages, garages and basements, which all add up.
New York City has called for 50,000 units of housing to be created annually for the next decade to address the ongoing housing crisis. By the end of March, just 83 projects containing less than 3,000 units have sought foundation plan approval, according to the Real Estate Board of New York.
“It’s been several years of pretty depressed development site trading activity,” Tortorici said. “The easing of some of these rules, making it a little easier to build in the city and maybe giving bonuses here and there, all of that is it’s going to increase the viability of development.”
The sliver law was among the Department of City Planning’s first attempts at form-based zoning. The code was meant to prevent buildings from being uncharacteristically narrow and tall for residential neighborhoods.
Instead, in many areas, the opposite has occurred. Overtime, the rule has resulted in small lots being surrounded by much taller structures.
“It’s like a missing tooth in the block,” Karp Strategies Director of Real Estate and Economic Development Annie White said.
Throw a dart on a map of Manhattan and it’s likely to land on an example of blocks that look like a six-year-old’s mouth.
At 277 Fifth Ave., a 55-story residential building towers over NoMad. Directly next door, three buildings are subject to the sliver law, keeping most of the block low to the ground.
The restriction has also led many property owners to sell off their air rights. To preserve views for the 130-unit condo, and prevent other assemblages from being stitched together, Victor Group and Lendlease Development cobbled together unused development rights from eight different parcels for 277 Fifth, the developers told The New York Times in 2017.
There are approximately 21,000 properties where the sliver law currently applies, but air right sales have cut the total down to 7,500 properties with existing development rights, according to PropertyScout.
Long Island Construction Law does not own this content. This content was created by Sasha Jones, and was published to BisNow on July 24th, 2024. To view the full article, please click here.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.
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