§ 1-06.3 Filing Period.
RCNY § 1-06.3
The application procedure is as follows: (a) Appeal of Agency Final Determination: Applications to appeal an agency final determination set forth at 2 RCNY § 1-06.1(a) must be filed within thirty (30) days from the date of the determination. Such final determinations must be signed by the agency commissioner. However, in accordance with the provisions of Section 642 of the Charter (Deputies) and Section 645 of the Charter (Offices of the Department; powers and duties), final determinations by the Department of Buildings may also be signed by the Deputy Commissioner or, acting under a written delegation of power from the Commissioner, any Borough Commissioner of the Department of Buildings.
(b)Waivers pursuant to the General City Law or Modifications pursuant to the Multiple Dwelling Law: Applications to waive the requirements of GCL §§ 35 or 36 or to modify the requirements of the MDL must be filed within thirty (30) days of the date of issuance of the Department of Buildings objection(s).
(c)Vested Rights: Statutory vested rights applications are subject to the filing requirements set forth in ZR §§ 11-31 et seq. Common law vested rights applications are not subject to the filing requirements set forth in ZR §§ 11-31 et seq.
(d)Amendment: Applications to amend or extend the term of previous grants are subject to the filing period requirements set forth in 2 RCNY § 1-07.3s.
(e)All Other Applications: All other applications on the appeals calendar not otherwise identified in subdivisions (a) through (d) of 2 RCNY § 1-06.3 must follow the filing procedures set forth in 2 RCNY § 1-06.3(a), except that applications to modify or revoke a certificate of occupancy filed by the Department of Buildings or the Fire Department will not be subject to such filing deadlines.
