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Q&A

Chair Louis asks why bonus floor area is limited to the theater site

New York City Council · Oct 20, 2026 · starts 0:21:26 · 1 min 21 sec

Chair Louis asks why the special permit limits additional floor area to the theater site. Carol Rosenthal explains the 44-year-old provision was designed for on-site development but has been used only three times, so the text amendment would allow transfers within the theater district.

Farah N. Louis

I have a quick question regarding the proposal, and I'll hand it over to Council Member Wilson.

Farah N. Louis

I would like to better understand why the use of the additional floor area available through the current special permit is limited to the site where the theater is located, if you could share with us.

Carol E. Rosenthal

I'll address that.

Carol E. Rosenthal

That is in the provision of the zoning resolution right now.

Carol E. Rosenthal

It was, this text dates back about 44 years to when it's one of the original in the theater district, which was one of the first special districts.

Carol E. Rosenthal

It was thought that it would benefit owners at the time by having their ability to build over or around where they sit, exactly where they are.

Carol E. Rosenthal

In the many years since it's been passed, it's been used three times, so an average of like one every 15 years, once every 15 years.

Carol E. Rosenthal

And this has been a real, this particular provision has been a real issue because you just have to happen to have a building that is going to be developed.

Carol E. Rosenthal

We don't.

Carol E. Rosenthal

occurred before it was legitimate theater.

Carol E. Rosenthal

So this provision, by changing it, it will allow us to have the development rights used elsewhere within the theater district.

Farah N. Louis

Thank you.

Farah N. Louis

Councilmember Wilson?