³ 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.