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What is NYC ZR § 52-54?

Quick Answer

This section addresses the use and reconstruction of buildings designed for residential use in Residence Districts when the floor area occupied by non-conforming uses is damaged or destroyed by 25 percent or more. The reconstruction must comply with Section 52-53, modifying the damage threshold from 50 percent to 25 percent. Applies to building owners in Residence Districts with non-conforming uses.

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

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§ 52-54 Buildings Designed for Residential Use in Residence Districts

ZR § 52-54

In all Residence Districts, if the floor area occupied by non-conforming uses within a building designed for residential use is damaged or destroyed by any means, including but not limited to, any demolition ordered or permitted by the Department of Buildings, to the extent of 25 percent or more of such floor area, such building may be continued in use or reconstructed only in accordance with the provisions of Section 52-53 (Buildings or Other Structures in All Districts) except that the 25 percent ratio set forth in this Section shall apply instead of the 50 percent ratio set forth in Section 52-53.

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