Number of permitted dwelling units

The maximum number of dwelling units permitted shall be determined in accordance with the applicable district regulations. However, where the total floor area on the zoning lot exceeds the maximum floor area permitted by the applicable district regulations, such excess floor area may be converted in its entirety to residences. Such excess floor area shall be included in the amount of floor area divided by the applicable factor in Section 23-20 (DENSITY REGULATIONS).

For the conversion of non-residential floor area to residences, pursuant to Section 74-71 (Landmark Preservation), in C7, C8 and Manufacturing Districts, the maximum number of dwelling units shall equal the total floor area to be converted to residential use divided by the applicable factor listed in the following table. Fractions equal to or greater than three quarters resulting from this calculation shall be considered to be one dwelling unit.




C7 C8-1 C8-2 M1-1 M1-2 M2-1 M2-3 M3


C8-3 C8-4 M1-4  M1-5  M2-2  M2-4




In addition, the following provisions shall apply:

No floor area shall be converted to rooming units. Dwelling units may be distributed anywhere within a building provided that any portion of a dwelling unit located in a cellar shall also comply with the provisions of Section 15-112 (Light and air provisions).

Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the floor area contained within such dwelling unit. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.

The density provisions of this Section may be replaced by the regulations of Section 15-024 for dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980.