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Change to NYC Landmark Law Restricts Preservation Commission Authority
Practical Law Legal Update w-002-7418 (Approx. 3 pages)
Change to NYC Landmark Law Restricts Preservation Commission Authority
by Practical Law Real Estate
| Published on 05 Jul 2016 • New York |
New York City Mayor Bill de Blasio recently signed into law a bill that limits the authority of the Landmarks Preservation Commission. The bill imposes deadlines on the Commission's landmark review process and gives property owners the ability to veto extensions of the Commission's review process.
On June 28, 2016, New York City Mayor Bill de Blasio signed a controversial bill into law that restricts the authority of the Landmarks Preservation Commission (LPC). The bill was approved 38-10 in a vote by the City Council on June 8, 2016.
Intro. 775-A establishes deadlines by which the LPC must determine whether to designate a property as a landmark. If the deadline passes, the property cannot be reconsidered for landmark status for five years, during which the owner can demolish the building. The bill also grants property owners the right to veto extensions of the landmark designation process.
The bill was strongly opposed by several preservationist groups that believe the bill:
- Reduces flexibility of the LPC in the landmark designation process.
- Gives too much power to individual owners.
- Fails to provide the LPC with additional resources while increasing its responsibilities.
Historic Districts
The new landmark law requires that once a historic district is calendared for designation, the LPC only has two years to make a final decision. If there is no decision after two years, the historic district is removed from the calendar and cannot be reconsidered for landmark status for five years.
There is no option to extend the deadline for historic districts under the bill.
Preservationist groups argue that this time frame is too short given the amount of work necessary to designate a historic district and the current backlog of properties under review.
Individual Properties
Individual properties are subject to a one year deadline once calendared for an LPC landmark review.
The one year deadline may be extended an additional year with the written concurrence of the property owner. This essentially allows owners of individual properties to veto a landmark designation after one year.
If the deadline passes without a determination, the property cannot be reconsidered for landmark status for five years.
Currently Calendared Properties
Under the bill, the LPC has 18 months to make a final determination for any property that was already calendared on June 28, 2016.
The bill allows for a one year extension if there is no decision within 18 months.
Preservationist Objections
Many preservationist groups voiced concerns over the bill. These groups feel that the:
- Expedited landmark process under the bill overburdens the LPC without providing additional resources.
- Timelines imposed by the bill are too short and leave many historical buildings vulnerable to demolition.
- Deadlines do not allow enough time for a thorough and transparent landmark review process.
- Law gives too much strength to developers to construct new luxury developments in the place of historic properties. Without a proper landmark review process, communities are at risk of losing history and local architecture.
Supporters of the new law:
- Consider it to be a reasonable way to help property owners know what to expect from the LPC process.
- Claim the bill will prevent future backlogs and make the review process more efficient and uniform.