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

What is NYC ZR § 117-44?

Quick Answer

This section establishes requirements for mandatory subway improvements for developments on certain zoning lots in NYC. It specifies conditions based on lot area and location, particularly for developments on Blocks 1, 2, and 3, as outlined in the Court Square Subdistrict Plan. Applies to property owners of qualifying developments or enlargements.

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 →

§ 117-44 Mandatory Subway Improvements

ZR § 117-44

For the purposes of mandatory subway improvements, any tract of land consisting of two or more contiguous lots of record under single ownership or control as of March 1, 1986, shall be considered a single zoning lot.

Subway improvements are required for qualifying developments or enlargements, as follows:

(a)Zoning lots with at least 5,000 square feet of lot areaDevelopments or enlargements on zoning lots with 5,000 square feet or more of lot area located on Block 1 and fronting on a sidewalk containing a sidewalk entrance to the Queens Boulevard Line, Court Sq-23 St Station, shall relocate the stairway or entrance(s) to such subway onto the zoning lot, in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR), with the exception that, in addition to the waivers provided by Section 37-44, the additional standards for location, design and hours of public accessibility contained in Section 37-41 may be waived upon a finding by the Metropolitan Transportation Authority that such standards are undesirable or unnecessary to ensure a good overall design.

(b)Zoning lots with at least 10,000 square feet of lot area For the purposes of this paragraph (b), the floor area of the development or enlargement shall be the total amount of floor area constructed after August 14, 1986.Developments or enlargements on Blocks 1, 2 or 3, identified in Appendix D (Court Square Subdistrict Plan Map and Description of Improvements) of this Chapter, containing at least 70,000 square feet of floor area on zoning lots of at least 10,000 square feet of lot area shall provide mandatory subway improvements as described, in Appendix D, in paragraph (a) for Block 1, paragraph (b) for Block 2 and paragraph (c)(1) for Block 3. In addition, on Block 3, any development or enlargement containing at least 300,000 square feet of floor area or any development or enlargement on a zoning lot of at least 30,000 square feet of lot area shall provide all the mandatory subway improvements for the Block, as described in paragraphs (c)(1) and (c)(2) for Block 3.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 117-44?

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