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What is NYC ZR § 52-56?

Quick Answer

This section allows for the repair or reconstruction of non-conforming buildings with three or more dwelling units in M1-1D through M1-5D districts if the damage is less than 75 percent of the total floor area. The number of dwelling units and floor area cannot increase beyond pre-damage levels, with certain exceptions. Applies to building owners of non-conforming residential properties in specified districts.

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

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§ 52-56 Multiple Dwellings in M1-1D Through M1-5D Districts

ZR § 52-56

In the case of damage or destruction of less than 75 percent of the total floor area of a non-conforming building containing three or more dwelling units in an M1-1D, M1-2D, M1-3D, M1-4D or M1-5D District, such building may be repaired or reconstructed, and its residential use continued, subject to the following regulations:

(a)there shall be no increase in the number of dwelling units in the building beyond the lawful number in existence prior to such damage and destruction; and

(b)there shall be no increase to the pre-existing amount of floor area except as expressly provided in Section 52-46 (Conforming and Non-conforming Residential Uses in M1-1D Through M1-5D Districts).

Enlargements in excess of those permitted, pursuant to paragraph (b) of this Section, may be permitted by authorization of the City Planning Commission pursuant to the regulations of Section 42-311 (Residential uses in M1-1D through M1-5D Districts).

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