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What is NYC AC § 25-802?

Quick Answer

This section outlines the procedures for requesting modification or removal of a deed restriction, requiring review by the department. Approval hinges on a determination that such changes benefit the city and community, considering various impacts. Applies to property owners seeking to alter deed restrictions.

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

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§ 25-802 Standard.

AC § 25-802

a. A request for modification or removal of a deed restriction submitted to the department shall be reviewed in accordance with the procedures set forth in this chapter. Such request shall only be approved upon a determination that the proposed modification or removal is appropriate and furthers the best interests of the city. In reaching such a determination, the following factors, at a minimum, shall be considered: i. the potential effect of a requested removal or modification of a deed restriction on the community in which the property is located and the city generally; ii. whether modifying or removing such deed restriction could allow the property to serve alternate purposes beneficial to the community or city as a whole; iii. if such modification or removal could result in the closing of a facility providing services in the community or a reduction in such services and the impact of any such closure or reduction; and iv. the potential impact of such modification or removal on, at a minimum, the following: the provision of open spaces; the character of certain designated areas of historic and architectural interests; the availability of space for educational, religious, recreational, health, and similar community-based facilities that serve community residents; the availability of local retail businesses; the availability of affordable housing in the community; economic development; and investments in infrastructure. b. Changes. The department shall not modify or remove any deed restriction without the approval of the mayor, or the mayor's designee, pursuant to section 3-119. (L.L. 2016/176, 12/22/2016, eff. 12/22/2016)

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