After this year’s rollout of outdoor dining in NYC under new, more stringent regulations, the City Council released a report on Wednesday that focused on the problems restaurants participating in the program faced and possible solutions.
Released hours before an April 23 city council oversight hearing on Dining Out NYC, the report highlighted the challenges that arose with implementing the new program. Outdoor dining was launched for the season on April 1, with less-than-stellar reviews marked by a bevy of complaints from business owners about the slow permitting process and confusion regarding outdoor layout design.
Although the City Council passed Local Law 121 in 2023, which paved the way for expanding the outdoor dining program under reinstated laws brought back after the COVID-19 pandemic, council members admit there have been “many issues” with the new law’s implementation.
Restaurants encountered problems with the program’s administration regarding application and review processes, delays, and design requirements.
The council’s report also found that some problems arose not as a direct result of the law, but of the implementation and rulemaking process that is “entirely the discretion of the DOT” as the administering agency. The problems include a lack of language accessibility in the application process, inability to receive in-person assistance, and design and roadway cafe requirements.
Queens Council Member Selvena Brooks-Powers, chair of the Council Transportation Committee, said solutions for streamlining the application process require “transparency,” while appearing to place the fix-up work on the shoulders of the DOT.
“Outdoor dining has become a defining feature of our streetscape, but the success of the permanent program hinges on transparency, consistency, and fairness in its implementation,” she said. “We must learn from the challenges of the emergency-era program while building a system that is sustainable, equitable, and responsive to all New Yorkers.”
As the DOT and City Council played a blame game throughout early 2025, restaurant owners were left in the dark about the status of their permit applications.
“The application process has been extremely confusing. Communication has been good, but it has been a challenge not being able to plan, waiting for approval,” said Crizette Woods, owner of the iconic Sylvia’s Restaurant in Harlem. “Having something enclosed during the winter months would allow us to provide additional seating.”
Sara Lind, co-executive director of Open Plans, has advocated for outdoor dining. She said a lack of year-round options — with the exception of sidewalk cafes — has “drastically lowered participation,” as reported in the organization’s “Digging In To Dining Out” publication.
“Many restaurants we spoke to mentioned the lack of a year-round option as a barrier,” she said. “Seasonal dining results in thousands of additional costs to take down, store, and set up structures. Many restaurants do not have the space to store materials over the winter months, making participation nearly impossible.”
However, DOT said that by the start of the season three weeks ago, over 2,500 restaurants were authorized to operate—double the size of the program before the pandemic, when a different city agency—the Department of Worker and Consumer Protection—was managing outdoor dining.
“While a new program and new rules bring new realities for restaurants, we are encouraged that the program is already well over double the size of the city’s pre-pandemic program, is the largest outdoor dining program in the country, and has a similar participation rate to Paris, which also recently made elements of its outdoor dining program seasonal,” said DOT First Deputy Commissioner Margaret Forgione. “Our team has been working tirelessly to get us to this point, and we are proud of all we have achieved so far.”
Meanwhile, at Wednesday’s NYC Council oversight hearing, restaurant owners, hospitality group leaders, and city officials discussed potential modifications to improve outdoor dining, including streamlining paperwork. It is unclear right now if the program will undergo any changes in the near future.
The outdoor dining season this year is in full swing through Nov. 29.
