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Developers Rejoice as NYC’s Sliver Law may be on the Chopping Block

The emaciated heroin chic look may have been a thing among the fashionistas in the early 1990s but NYC officials were having none of it when it came to the look it wanted for its buildings. I am referring to the zoning resolution that included the so-called “sliver law,” limiting building heights on lots less than 45 feet wide. In short, the city decided in 1983 that tall and narrow, or sliver, buildings sprouting from small lots didn’t “blend in with the surrounding buildings” and were therefore prohibited. The oft-cited example is 211 Madison Avenue which rises 32 stories on a 33-foot-wide lot and towers above nearby four and eight-story buildings on the block. Today, a building like 211 Madison Avenue could never be built, as long buildings are only okay if they have the girth to match under the sliver law (and 33 feet of width simply doesn’t measure up under current rules).

Careful observers, including attorney Frank Chaney of law firm Rosenberg & Estis, P.C. (a.k.a. The Zoning Guy) wrote a convincing essay last year with the unambiguous title, “The Sliver Law Must Die,” where he asks why a 45-foot-wide lot could go up 120 feet but a 44 foot wide in the same zoning district (on the same city block even) would be contextually inappropriate and be limited to a much lower height restriction. As he puts it, a building should be considered “too tall regardless of whether it is wide or narrow. If it’s too tall, it’s too tall.” Of course he is right in pointing out the absurdity of the rule, which has now been in place for four decades. Ironically, the sliver law often mandates the construction of short narrow buildings on city blocks filled with high-rise skyscrapers creating a significantly “out of context” development. Foolish rules that miss the mark are nothing new in NYC of course, but repealing them is often a challenge. That said, the city—more than ever—needs more apartments as developers have shelved new projects and more than 100,000 migrants (who have a legal right to shelter) have flooded the city putting immeasurable pressure on an already limited housing stock. The Adams administration is therefore looking to repeal the sliver law, which could pave the way for up to 65 million square feet of development, or 95,000 housing units, according to a study conducted by Rosenberg & Estis. If repealed, expect those long skinny buildings to be back in vogue.

Website Source:
Brenzel, Kathryn. “The Daily Dirt Delves into NYC’s Sliver Law.” The Real Deal, 7 Sept. 2023, therealdeal.com/new-york/2023/09/08/the-daily-dirt-delves-into-nycs-sliver-law/. 
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