THE ULTIMATE KNOWLEDGE BASE

The BKREA Market Intelligence

Plain-English answers on zoning, air rights, development value, and selling — written for owners, not lawyers.

Comparisons

ELURP vs. ULURP

ELURP ULURP
What triggers it Modest housing rezonings (R1-R5 up to 45 ft/FAR 2, or 30% or less capacity increase in R6+); city land dispositions for affordable housing; waterfront resiliency and flood protection projects Any major land use action that doesn't meet ELURP's size limits: large rezonings, manufacturing-to-residential conversions, commercial projects, special permits
Who administers it NYC Department of City Planning files and certifies; City Planning Commission makes the final decision for most projects NYC Department of City Planning; final decision rests with the City Council for most rezonings
Community board review 60 days, runs at the same time as Borough President review 60 days, must finish before Borough President review can begin
Borough president review Runs concurrently inside the same 60-day window, adds zero additional time 30 days added after the Community Board period ends
City Planning Commission review 30 days to hold a hearing and vote, this is the final step for most ELURP projects 60 days to hold a hearing and vote
City Council review Skipped for most ELURP projects; only required when state law specifically mandates it Up to 50 days; the local Council member can effectively block approval through "member deference"
Typical timeline 90 days, confirmed by the first real-world ELURP application (351 Powers Ave, Mott Haven, approved May 2026) Roughly 7 months / 200 days (60 CB + 30 BP + 60 CPC + 50 CC), not counting pre-certification prep
Geographic scope Citywide, no restriction by borough, neighborhood, or property type Citywide, applies to all qualifying land use actions
Types of projects most commonly subject to it Small-to-mid-scale housing rezonings; city land sold off for affordable housing; waterfront flood protection acquisitions; new parks; solar on public buildings Large mixed-use towers; manufacturing-to-residential conversions; any project needing City Council approval under state law
Effect on developer underwriting Shorter timeline means lower carry cost; no City Council step means no political risk premium; developer can underwrite a higher land price because their risk is lower 7 months of financing carry gets priced in; Council member opposition is a real deal-killer risk that gets discounted from the land offer
Effect on land value for the owner Higher land bids, developer shares some of the time and risk savings through a better offer Lower land bids, developer hedges for the longer hold and political uncertainty
Common owner misconception Many owners assume ELURP only applies to city-owned sites or large affordable projects; it also applies to modest private rezonings on ordinary lots near transit Many owners assume ULURP approval is guaranteed if the project is good; in practice, one unfriendly Council member can kill it