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

What is NYC ZR § 95-06?

Quick Answer

This section allows the owner of a zoning lot to temporarily use the easement volume for permitted uses until required by the Metropolitan Transportation Authority for subway purposes. The use is restricted to landscaped open areas, and any temporary improvements must be removed prior to public use. Applies to zoning lot owners utilizing easement areas.

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 →

§ 95-06 Temporary Use of the Easement Area

ZR § 95-06

Any easement volume required on a zoning lot pursuant to the provisions of this Chapter may be temporarily used by the owner of the zoning lot for any permitted uses until such time as required by the Metropolitan Transportation Authority or by its designee for subway purposes.

Temporary use of the transit easement volume above curb level in a public plaza or open space area shall be limited to use as a landscaped open area that may contain obstructions permitted in a public plaza. Improvements or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the zoning lot prior to the time at which public use of the easement area is required. A minimum notice of six months in writing shall be given by the Metropolitan Transportation Authority to the owner of the zoning lot in order to vacate the tenants of such temporary uses.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 95-06?

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