The City of YES Affordable Housing Amendment passed in December 2024 is currently undergoing “administrative corrections.” These corrections are retroactive to the date the original Amendment was enacted, so owners, developers, architects and contractors can be in for a nasty surprise if the corrections impact work currently in process.
What Is an Administrative Correction?
Administrative corrections are issued by the Department of City Planning (DCP) to fix errors in the text of adopted legislative text. This process is intended to correct certain kinds of errors without voiding or invalidating the legislation.
How Will Administrative Corrections Be Communicated?
There is only one way the City of YES corrections are being communicated: on the online version of the Amendment text. According to the DCP, “These corrections are ongoing and appear as black squares on the same day a correction is made, near the section number and title in the online Zoning Resolution. This marking will appear for the next year signifying that a section was ‘recently corrected.’” As an example, see Article III, Chapter 2, Section 32-332 (Ground floor level curb cut restrictions).
Will My Project Be Impacted?
There’s no way to be sure, but a good bet is to keep updated on all of the corrections. The DCP has advised that because of the “high volume of changes, applicants are strongly advised to review zoning text carefully and to check for the black squares even after permit is issued, to ensure compliance with the most recent, corrected version.” Put another way, checking frequently for corrections is vital, even if your project permits have already issued. Your project may have been in compliance as of last week, but corrections issued today or in the future could change that. As long as the Final Certification of Occupancy hasn’t been issued, your project is at risk for noncompliance with the corrected zoning regulations.
While the DCP maintains an online list of Zoning Text corrections, they recommend using the online Zoning Resolution as the definitive source of truth.
What to Do
Surprises are the enemy of successful development, so we recommend:
- Subscribing to receive email notifications of administrative corrections
- Reviewing the existing administrative corrections to ensure compliance
- Calendaring a recurring check for future administrative corrections (weekly would be ideal, more if your project is in or approaching a phase in which it’s likely to be impacted by zoning regulations)
- Communicating the potential for administrative corrections with everyone on your project team and designating one person or group to monitor changes and determine whether they will impact your project
Additional concerns or questions? Let us know how we can help.
