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What is NYC RCNY § 2-04?

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The Landmarks Preservation Commission will not process an application for work on a designated property when a Landmarks Preservation Commission Summons is in effect against that property. A Summons in effect against that property indicates non-compliance with the Landmarks Law.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 1/19/2019Last amended: 1/19/2019

§ 2-04 Summonses – New Applications.

RCNY § 2-04

The Landmarks Preservation Commission will not process an application for work on a designated property when a Landmarks Preservation Commission Summons is in effect against that property. A Summons in effect against that property indicates non-compliance with the Landmarks Law. With respect to Title 63 of the Rules of the City of New York and §§ 25-301 through 25-322 of the Administrative Code, the term "Summons" will be construed to include and apply to any previously issued "Notice of Violation." (a) Effect of a Summons on Processing of a New Application. Upon receipt of an application, LPC Staff must verify that no Summons is in effect against the property. If a Summons is in effect, LPC Staff will: (1) Obtain copies of all Summonses, previously issued Notices of Violation and Notices to Stop Work for the file.

(2)Contact the owner/applicant to inform them that because a Summons is in effect LPC Staff cannot process an application for new work until the Summons has been rescinded.

(3)Send a letter to the applicant explaining that LPC Staff cannot process the new application because a Summons is in effect against the property, that processing can only commence upon rescission of the Summons or when the applicant begins to address the conditions described in the Summons. Along with the letter send copies of the Summons, an application form, and instructions for filing. Send copies of the letter to the Supervisor, and the Director of Enforcement.

(b)Exceptions to this Procedure. LPC Staff may issue permits for new work when a Summons is in effect in the following instances: (1) The proposed work will correct a hazardous condition.

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