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NYC Developers Prioritize Larger Units Under New Tax Incentive

Created at 23 Jul · 9:51 PM1 source↑ Market-relevant
IN SHORT

New York City apartment developers are increasingly building larger units with more bedrooms, even as a new tax incentive limits projects to 99 units. This shift aims to maximize site value and provides more family-sized affordable housing compared to previous programs.

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Key Numbers

99unit maximum for new housing projects
2024year 485-x tax abatement enacted
90%housing permit applications for developments with 99 units or fewer
538fewer apartments yielded due to 485-x
12projects Harshad Pillai is working on
60%average area median income level for affordable units
130%AMI level for affordable units under 421-a

Who's Involved

Alvin Schein
Partner at Adler & Stachenfeld, speaking at Bisnow's New York Affordable Housing Conference
Harshad Pillai
Director at Fogarty Finger, speaking at Bisnow's New York Affordable Housing Conference
Victor Sozio
Founding partner at Ariel Property Advisors, commenting on the 485-x market
Ian Lundy
Director of Development and Investment at MSquared, observing market trends
Jamie Smarr
President of New York City Housing Partnership, commenting on the benefits of the new incentive
NYC Developers Prioritize Larger Units Under New Tax Incentive

↳ Why This Matters

The shift in unit mix under the new 485-x tax incentive and 'City of Yes' zoning is reshaping New York City's housing landscape, potentially addressing a shortage of family-sized affordable apartments while navigating development constraints.

Key facts

  • New York City developers are prioritizing larger units with more bedrooms due to the 485-x tax abatement.
  • The 485-x incentive, enacted in 2024, has led to the vast majority of new housing projects having 99 units or fewer.
  • This shift provides more affordable units for families compared to previous tax incentives like 421-a.
  • Over 90% of housing permit applications in the first three months of 2026 were for developments with 99 units or fewer.
  • The 'City of Yes' zoning provision allows developers to build larger units by utilizing available square footage.

New York City apartment developers are increasingly opting for larger units with more bedrooms, even as a new tax incentive, 485-x, restricts projects to a maximum of 99 units. This strategy aims to maximize the value of development sites and provides a greater number of family-sized affordable housing units, a shift from previous programs that often favored studios and one-bedrooms.

The 485-x tax abatement, enacted in 2024, includes prevailing wage requirements that have led to a significant reduction in the number of units developers are building. Data shows that over 90% of housing permit applications filed in early 2026 were for developments with 99 units or fewer. This has resulted in an estimated 538 fewer apartments than sites could have accommodated. Despite these restrictions, developers are actively seeking sites for 99-unit projects, driving activity in the development market.

Industry professionals noted that the combination of the 485-x incentive with the 'City of Yes' zoning provision, which allows for larger units by capitalizing on available square footage, is leading to this change in unit mix. This contrasts with the previous 421-a tax break, where affordable units, particularly larger ones, were often designated for higher income levels (up to 130% of AMI). The current approach is seen as beneficial for the city in the long run, providing much-needed larger affordable units.

Speakers at Bisnow's New York Affordable Housing Conference highlighted that the demand for larger units, including three-bedroom apartments, has been lacking. The current incentives are helping to balance this by encouraging the construction of bigger units, which is viewed as a positive development for families seeking housing in the city.

Frequently asked questions

The 485-x is a New York City tax abatement program enacted in 2024 that offers property tax exemptions in exchange for meeting certain requirements, including prevailing wage standards.

The prevailing wage requirements of the 485-x incentive have led developers to build fewer units, with most new projects capped at 99 units, even on sites that could accommodate more.

The 'City of Yes' zoning revamp includes the Universal Affordability Preference, which allows developers in certain neighborhoods to build up to 20% more units if those additional units are permanently affordable.

Under the previous 421-a program, affordable units, especially larger ones, were often designated for higher income levels. The current 485-x incentive, combined with 'City of Yes', is leading to more family-sized affordable units.

What Happens Next

01Continued monitoring of housing permit applications under the 485-x incentive.
02Analysis of the long-term impact of the new unit mix on housing affordability and family housing availability.

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Cadence

How It Developed

New York City apartment developers are building fewer studio apartments.
The 485-x tax abatement's prevailing wage requirements are leading to projects with 99 units or fewer.
Developers are maximizing sites by building larger units with more bedrooms.
This results in more affordable units for families compared to previous incentives.
Over 90% of housing permit applications in early 2026 were for developments with 99 units or fewer.
The 485-x tax abatement has led to 538 fewer apartments than sites could have yielded.
Developers are actively seeking sites suitable for 99-unit projects under the 485-x incentive.
The 'City of Yes' zoning provision allows for larger units by capitalizing on available square footage.
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Sources

T1
Developers Build More Bedrooms As 99-Unit Projects DominateBisnow

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