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

What is NYC ZR § 98-64?

Quick Answer

This section outlines the process for terminating a High Line access easement volume when the City Planning Commission determines it is no longer required. Upon notification, restrictions on the zoning lot lapse, allowing the owner to utilize the area for permitted uses without it counting as floor area. Applies to property owners with High Line access 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 →

§ 98-64 Termination of High Line Access Easement Volume

ZR § 98-64

In the event that the City Planning Commission notifies the Department of Buildings and the owner in writing that a High Line access easement volume is not required on a zoning lot under the final construction plans for the restoration and reuse of the High Line as an accessible, public open space, the restrictions imposed on such zoning lot by the provisions of Section 98-61 (High Line Access or Support Easement Volumes Requirement) shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the Commission to the extinguishment of the easement volume. On termination of the High Line access easement volume requirement which has been certified pursuant to this Section, any area reserved for such easement within a building or other structure may be used for any use permitted pursuant to the provisions of this Chapter and such area shall not be considered floor area; and any open area reserved for such easement shall be maintained as an open area and shall be subject to the open area requirements of Section 98-53 (Required Open Areas on the East Side of the High Line).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 98-64?

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