Policy
Is NYC’s housing engine finally restarting? New residential permit filings jump in second quarter
Building permits are up 43% year-over-year as the new 485-x tax break takes effect. Most projects are capped at 99 units – just below the wage trigger in the new program.
Construction of a new apartment building in downtown Brooklyn Steve Kastenbaum
From outer-borough neighborhoods to the heart of Manhattan, one issue is uniting New Yorkers across income levels: the crushing cost of housing. It was a top issue for voters in the Democratic mayoral primary. With a vacancy rate of 1.4%, the lowest since 1968, the city urgently needs new housing of all kinds, not just affordable units.
After a construction slump that began in late 2022, there are signs the city may be turning a corner. New analysis of building permits data showed that in the second quarter of this year, the Department of Buildings received 424 new building filings, a 28% increase from the first quarter and a 43% jump year-over-year.
Those new filings, recorded between April 1 and June 30, account for a total of 8.5 million square feet, nearly double the amount from the second quarter in 2024. Forty-one of the permits filed were for projects containing between 50 to 99 units, more than twice the typical number in that size range, according to a forthcoming report on 2025 second-quarter building permits from the Real Estate Board of New York. Eleven of those projects were filed with exactly 99 units, the maximum allowed before a new labor requirement kicks in.
The shift may indicate that developers are adjusting their business models to fit the new requirements of the state’s 485-x tax break. Under the program, in new buildings with up to 99 units, 20% of the apartments must be affordable. Developers can build more than 99 units, but doing so triggers a $40 minimum hourly wage requirement under state law.
The 485-x Affordable Neighborhoods for New Yorkers Tax Incentive, as it’s officially known, launched in January. It replaced the 421-a incentive, which expired in June 2022.
The city has a long way to go to meet the mayor’s “moonshot” goal of 500,000 new residential units by 2033. “Multifamily construction activity continues to lag significantly, and this report shows a persistent lack of larger projects over 100 units, particularly within the 485-x construction wage zones,” a REBNY spokesperson said in a statement. REBNY is calling on city and state officials to take further steps to spur residential construction of all sizes.
“ I think the good news is that everyone is talking about housing,” said Carlo Scissura, president of the New York Building Congress, and organization that advocates for the construction industry. “Everybody, including a Democratic nominee for mayor, has made housing the top priority. So that's a big win for New Yorkers.”
Scissura sees this as a start, but believes the real estate industry needs more changes before it’s firing on all cylinders. “I think 485-x may need a bit of a fix in the next legislative session,” Scissura said. “I think we're going to talk to folks in the fall about what's working and what's not working with 485-x and then we'll come back to Albany with some ideas about how to get it to where folks will want to build housing.”
In a statement, Building and Construction Trades Council of Greater New York President Gary LaBarbera cried foul. “If this is becoming the trend, it is clear that these developers are trying to unashamedly circumvent the law to avoid paying hardworking New Yorkers the fair and family sustaining wages they deserve,” LaBarbera said. He charged that real estate developers are primarily focused on enriching themselves. “Their feigned concern about building more affordable housing is just a ruse considering they only support these projects when they receive public subsidies and if they aren’t required to pay sufficiently for labor.”
While it’s too soon to say whether this is the beginning of a sustained trend, city officials are happy to see the needle moving in the right direction after years of decline and stagnation. Housing and Preservation Department acting Commissioner Ahmed Tigani said developers are still analyzing 485-x, along with other programs aimed at spurring construction, to see how they can maximize the benefits. “ We believe that data is trending in the right direction,” Tigani said. “But especially for your larger projects, your more complicated projects where people are reassessing both the lending options and market pieces of this - labor costs, supply costs - all of this is still being calculated.”
Few new permits were for buildings larger than 99 units. Tigani thinks at this early stage of the 485-x program the minimum wage requirement is just one of several project components impacting decisions. “I don't think that this is an indication yet of any particular factor, and how it's weighing in on it.” He’s hopeful that 485-x combined with other policy changes may set off a new era of growth. Under the mayor’s Citywide Housing Action Task Force, the agency is looking far and wide at city-owned properties that could be redeveloped for housing. “We look not only at parking lots. We look at existing community facility buildings. We look at empty land that happens to be in the city's possession and we're developing sites,” Tigani said.
In the second quarter of 2025, permits were issued for only four buildings with more than 150 residential units. Those projects – located in Brownsville, Brooklyn, West Farms in the Bronx, on Frederick Douglas Boulevard in Harlem and Jamaica Avenue in Queens Village – are all in specially zoned areas outside of the minimum wage requirement.
Correction: This story has been updated to reflect that not all new building permits filed in the second quarter were residential.
NEXT STORY: Federal cuts leave New York with $750 million budget gap