UPDATED: (11/10) – Community Boards Begin Vote on Permanent Open Restaurants Program Text Amendment

This tracker will continue to be updated as more community boards issue their decisions. Last year, the Open Restaurants program allowed restaurants to temporarily expand their operations to sidewalk and roadway cafes without the lengthy review process to provide safe outdoor dining options during the COVID-19 pandemic. The program is currently valid through 2022, but a zoning text amendment currently in the public review process aims to make the Open Restaurants program permanent. For CityLand<Read More>


DOT Releases Final Rules for Permanent Outdoor Dining Program

Almost two years after the City Planning Commission’s zoning text changes, applications for the permanent program are expected to open next month. On February 2, 2024, the Department of Transportation released the final rules for the permanent outdoor dining program, “Dining Out NYC.”  Through the new program, outdoor dining will be expanded citywide on sidewalks year-round and in roadways seasonally from April through November. 


Study Finds 2022 Fifth Avenue Holiday Open Streets an Economic Success

On October 10, 2023, Mayor Eric Adams announced that the ‘Open Streets’ holiday initiative along Fifth Avenue in Manhattan last holiday season was an economic success. During the initiative, the Department of Transportation and the Fifth Avenue Association created pedestrianized stretches of Fifth Avenue, Sixth Avenue, West 49th Street, and West 50th Street between 12:00 pm and 6:00 pm on select Sundays in December.


“Streets for Recovery” Report Details Success of Outdoor Dining on Open Streets

The report uses data aggregated by Department of Finance to highlight the economic benefits of open streets laws. On October 25, 2022, Department of Transportation (DOT) Commissioner Ydanis Rodriguez announced the release of Streets for Recovery, a report on Open Streets policy developed in collaboration with Bloomberg Associates. This first-in-the-nation report uses Department of Finance data to highlight the economic benefits of Open Streets during the height of the COVID-19 pandemic.


Mayor Announces Enforcement Effort for Abandoned Open Restaurants Sheds Among Challenges to Open Restaurant Program

Multiple lawsuits have challenged both the temporary and proposed permanent open restaurant programs. On August 18, 2022, Mayor Eric Adams announced a new enforcement initiative with multiple city agencies to remove abandoned outdoor dining sheds. The City’s temporary open restaurants program allowed for restaurants to build outdoor shed structures on sidewalks and in roadways to allow for safer outdoor dining during the pandemic. However, some of these structures have been abandoned by restaurants that have <Read More>