Procedure for Modification of Deed Restrictions
Proposed Rules: Closed to Comments (View Public Comments Received:3)
STATEMENT OF BASIS AND PURPOSE
In conjunction with rulemaking conducted by the Department of Citywide Administrative Services (DCAS), the Mayor’s Office is proposing to revise the process by which certain deed restrictions are modified or removed by the City of New York.
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.
These rules will add new layers of review regarding proposed amendments to certain deed restrictions. A committee composed of officials from the Mayor’s Office, Office of Management and Budget, and Office of the Corporation Counsel will review each proposed modification or removal of a deed restriction recommended for approval by DCAS before the proposed modification or removal is presented to the public and to the Mayor. The committee shall also determine the amount of any consideration required in connection with such proposed modification or removal. Requests for modification or removal presented to the committee for approval must also be approved by the Mayor to take effect. In addition, proposed modifications or removals of deed restrictions submitted to the Department of Housing Preservation and Development will be reviewed for approval by the Mayor or a Deputy Mayor who oversees housing and/or economic development.
The Mayor’s Office’s authority for this rule is found in Section 1043 of the New York City Charter.