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What is NYC ZR § 94-12?

Quick Answer

This section mandates the recording of instruments related to the transfer of development rights from a zoning lot. It requires that an instrument be recorded to remove floor area and prohibit excessive construction on the granting lot. The City Planning Commission oversees the submission of certified copies of these instruments. Applies to building owners involved in the transfer of development rights.

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

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§ 94-12 Recordation

ZR § 94-12

At the time of transfer of development rights from a zoning lot, there shall be recorded in the land records and indexed against such granting lot from which floor area is removed, an instrument removing such floor area and prohibiting construction on such lot from which the floor area is taken, of any building or other structure which would contain a floor area in excess of that still available to the zoning lot after deducting the floor area removed. Such prohibition shall be non-cancelable for 99 years and, at the time of the addition of development rights to a receiving lot as provided in Section 94-094 (Authorization provisions for transfer of development rights to receiving lots), there shall be recorded in the land records and indexed against such zoning lot to which floor area is added, an instrument transferring the floor area to the receiving lot benefited. A certified copy of such instruments shall be submitted to the City Planning Commission upon recordation thereof.

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