§ 3-119 Modification or removal of deed restrictions.
AC § 3-119
a. Definitions. For the purposes of this section, the term "deed restriction" means a covenant set forth in a deed, lease that is for a term of 49 years or longer, or easement that limits the use of property located within the city and is imposed by the city when such property is sold or otherwise disposed of by the city. b. Approval.
1.The department of citywide administrative services shall not modify or remove any deed restriction without the approval of the mayor pursuant to this section.
2.The department of housing preservation and development shall not modify or remove any deed restriction without the approval of the mayor or the deputy mayor for housing and economic development or the official occupying any successor position, or his or her designee. c. Committee.
3.
(a)The committee shall issue a written determination of its approval or denial of the department of citywide administrative services' preliminary recommendation, including the committee's determination to approve or modify the consideration amount required, if any, for the modification or removal of the deed restriction, as proposed by the department, and the reasons for reaching such determinations. Any modification of the consideration amount by the committee shall be based on the appraisals provided by the department and in accordance with the calculation method developed by the department pursuant to subdivision b of section 25-804.
(b)Within three business days of reaching such a determination, the committee shall post online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.
(c)The committee may modify its determination in the event that updated appraisals are provided to the committee after the department submits its preliminary recommendation. d. Mayoral approval.
