Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 95-042?

Quick Answer

This section outlines the process for the Metropolitan Transportation Authority to request a transit easement on substantially vacant zoning lots within the Special Transit Land Use District. The City Planning Commission must certify the necessity of the easement based on specific findings. Applies to property owners of zoning lots designated for transit easements.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 95-042 For substantially vacant existing zoning lots

ZR § 95-042

When a zoning lot located within the Special Transit Land Use District is substantially vacant and appropriate for a transit easement, the Metropolitan Transportation Authority may request the City Planning Commission to certify that a portion of such zoning lot is necessary for a transit easement.

As a condition for securing a transit easement on such zoning lot, the Commission shall make the following findings:

(a)that such transit easement is required by the Metropolitan Transportation Authority to provide public access to a subway mezzanine or to a public passageway leading to a subway mezzanine or platform;

(b)that such transit easement is located on a vacant portion of a zoning lot;

(c)that the use of the transit easement will not reduce development potential on the zoning lot under the applicable district regulations; and

(d)that the Metropolitan Transportation Authority and the owner agree that the construction within the easement volume will be integrated with the total development.

At such time as an existing vacant zoning lot on which a transit easement volume provided pursuant to the provisions of this Section, is developed, it shall be subject to all regulations of this Chapter.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters