Procedure for Modification of Deed Restrictions
Proposed Rules: Closed to Comments (View Public Comments Received:3)
Statement of Basis and Purpose of Proposed Rule
The Department of Citywide Administrative Services (DCAS) proposes to add a new Chapter 15 to Title 55 of the Rules of the City of New York, setting forth the process by which DCAS reviews requests to modify or remove deed restrictions for certain properties.
Deed restrictions are covenants that limit the uses of property. DCAS and other City agencies have imposed deed restrictions on thousands of properties throughout the City, both through the process by which City-owned properties are sold and also through the Uniform Land Use Review Procedure. Because decisions concerning land use can have long-lasting effects, the process proposed in this rule recognizes the importance of land use to the City, ensures decisions to modify or remove deed restrictions are appropriate and reflect the City’s best interests, and increases the transparency of the decision-making process.
This rule sets forth the process that property owners requesting a modification or removal of a deed restriction from DCAS must follow, the information that DCAS must obtain and review when considering such requests, public notice and hearing requirements, and provisions related to the review and approval of such requests by additional City officials, including the Mayor.
DCAS’s authority for this rule is found in Sections 811 and 1043 of the New York City Charter.