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New York, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Governing table
ZR § 23-22, R6-R12 districts
R10A/R10X/R10 bonus
10.00 to 12.00 FAR
R7A bonus
4.00 to 5.01 FAR
Condition
Qualifying affordable or senior housing
Last amended
12/5/2024 (City of Yes)

Summary

In R6 through R12 districts, NYC lets buildings reach a higher floor area ratio than the standard cap when the housing built is qualifying affordable or senior housing.

In the districts indicated, the maximum residential floor area ratio shall be as set forth in the following table. Separate maximum residential floor area ratios are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing. ... R10A R10X R10: Standard residences 10.00; Qualifying affordable housing or qualifying senior housing 12.00.

Source: NYC Zoning Resolution Article II Chapter 3View official code

Full Breakdown

Zoning Resolution § 23-22 sets two FAR columns for R6-R12 districts: a lower cap for standard residences and a higher one for zoning lots containing qualifying affordable housing or qualifying senior housing. In R10A/R10X/R10, standard FAR is 10.00 versus 12.00 for qualifying affordable housing, a 20% density bonus. In R7A, it's 4.00 versus 5.01, about 25% more. The higher FAR is only available where the affordable or senior units are actually built, not by right for market-rate development, and pairs with the Mandatory Inclusionary Housing income-band rules of § 27-131 in designated MIH areas.

Violations & Fines

Building to the higher FAR without qualifying affordable or senior housing in place is an unauthorized floor area overage; DOB can deny sign-off or issue a stop-work order, and DCP/HPD can require removal of the excess floor area.

Frequently Asked Questions

Does every building in R10 get the higher FAR?
No. Section 23-22 caps standard residences at the lower FAR; only zoning lots containing qualifying affordable housing or qualifying senior housing reach the higher figure.
How big is the density bonus?
It varies by district: 20% in R10A/R10X/R10 (10.00 to 12.00 FAR) and about 25% in R7A (4.00 to 5.01 FAR), per the § 23-22 table.

Sources & Official References

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