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New York, NY Building Safety: Anti-Mansionization (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing rule
ZR § 24-111(a) FAR cap
Applies to
R1 and R2 districts
Cap
Same FAR as residential use
Grandfather date
Plans filed before Nov 15, 1972

Summary

New York City caps the floor area for community-facility buildings in R1 and R2 districts at the same maximum allowed for an ordinary house, closing the loophole that let developers build oversized mansions disguised as schools or religious institutions.

In the districts indicated, for any zoning lot containing community facility uses other than those uses for which a permit is required pursuant to Sections 73-11 (Agriculture and Open Uses), 73-13 (Community Facilities) or 73-18 (Recreation, Entertainment and Assembly Spaces), or where bulk modification is permitted pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts), the maximum floor area ratio shall not exceed the floor area permitted for residential uses by the applicable district regulations.

Full Breakdown

New York City Zoning Resolution Section 24-111(a) caps the floor area ratio for community-facility buildings on any zoning lot in R1 and R2 districts to whatever floor area the district allows for a residential use, unless the building qualifies for a Section 74-902 special permit. The rule closes a loophole that let developers build oversized single-family-style residences disguised as nonprofit or religious institutions to claim the larger community-facility floor-area allowance instead of the tighter residential cap. Buildings with plans filed with the Department of Buildings before November 15, 1972 are exempt.

Violations & Fines

Buildings exceeding the residential FAR cap under a community-facility designation in R1 or R2 districts can be denied a certificate of occupancy or ordered by the Department of Buildings to remove the excess floor area.

Frequently Asked Questions

Does NYC limit the size of houses built as schools or religious institutions?
Yes. In R1 and R2 districts, Zoning Resolution Section 24-111(a) caps community-facility floor area at the same maximum allowed for an ordinary house, closing the loophole used to build oversized "mansion" structures.
Is every large community-facility building in NYC affected?
No. Buildings with plans filed with the Department of Buildings before November 15, 1972, and buildings granted a Section 74-902 special permit by the City Planning Commission, are exempt from the cap.

Sources & Official References

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