121-11

Transient Hotels and Offices

In the Special Garment Center District, transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be permitted only by special permit of the City Planning Commission pursuant to Section 121-70 (Special Permit for Transient Hotels).

However, a special permit shall not be required for a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose.

Furthermore, for a building subject to the provisions of Section 121-60 (ANTI-HARASSMENT AND DEMOLITION REGULATIONS IN SUBDISTRICT A-2) and for which HPD issued a certification of no harassment that was in effect on June 11, 2018, a special permit shall not be required where such building is enlarged and a portion of which is subsequently converted to residences pursuant to Article I, Chapter 5 (Residential Conversions Within Existing Buildings), provided all new transient hotel rooms shall be located in the enlarged portion of such building, and except for transient hotel lobbies and accessory uses located below the floor level of the second story, the non-enlarged portion of such building shall contain only permanently affordable residences pursuant to a regulatory agreement enforceable by HPD.

Any transient hotel existing prior to December 20, 2018, within the Special Garment Center District, shall be considered a conforming use. Any enlargement or extension of such existing conforming use shall not require a special permit. In the event a casualty damages or destroys a building within the Special Garment Center District that was used as a transient hotel as of December 20, 2018, such building may be reconstructed and continue as a transient hotel without obtaining a special permit, provided the floor area of such reconstructed building does not exceed the floor area permitted pursuant to the provisions of Section 121-31 (Maximum Permitted Floor Area Within Subdistrict A-1) or Section 121-41 (Maximum Permitted Floor Area Within Subdistrict A-2), as applicable.

In Subdistrict A-2, any development or enlargement that includes offices, as listed in Section 32-15 (Use Group 6B) developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).

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