TABLE OF CONTENTS I. What is a d deed restr tricti tion on II. - - PowerPoint PPT Presentation

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TABLE OF CONTENTS I. What is a d deed restr tricti tion on II. - - PowerPoint PPT Presentation

Nov 08, 2022 50 likes •181 views

TABLE OF CONTENTS I. What is a d deed restr tricti tion on II. Who is s involved d in restricti trictive e covenant nts III. Removal of Restr stricti tions ons 1. 1. ULURP 2. DCAS IV. Case Studie udies 1. 1. 45 Rivington on St

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SLIDE 1
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TABLE OF CONTENTS

  • I. What is a d

deed restr tricti tion

  • n
  • II. Who is

s involved d in restricti trictive e covenant nts

  • III. Removal of Restr

stricti tions

  • ns

1.

  • 1. ULURP
  • 2. DCAS
  • IV. Case Studie

udies 1.

  • 1. 45 Rivington
  • n St

St

  • 2. 11 East

t 3rd

rd St

St

  • V. Process

ss Chang nges es

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SLIDE 3

ACRONYM CHEAT SHEET

DCAS: Departme tment nt of City ty wide e Ad Admini nistrati trative Services ces DOT: Departm tment ent of Transp nsportation tation HPD: Departm tment ent of Housi sing ng Preser ervati ation n and Developme pment nt CPC: City ty Planni ning ng Commissio sion ULURP: Un Uniform rm Land Use Review Procedure dure ACRIS: S: Automa mated City ty Regist ster Information rmation Syst stem em

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WHAT ARE DEED RESTRICTIONS?

Deed restricti trictions ns are rules es and regulations ations that t govern n one or more lot

  • ts

s or parcels els of land. Deed restricti trictions ns “bind” land. Deed restricti trictions ns are governe ned d by s stat ate law and common law. State law requ quires s county ty clerk rks s to regist ster r titl tle, , which ch is s how NYC get ets s involved d with th ACRIS.

  • DCAS is involved with city owned property (even when not restricted).
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SLIDE 5

WHO SIGNS DEED RESTRICTIONS

Bet etween een Public ic Entiti ties es Public ic and Privat ate Entiti ties es Bet etween een Two Privat ate Pa Parties es Examples HPD and DOE DCAS and HPD HPD and Parks

  • Green Thumb

Examples NYU and DOT Rod Rogers Theatre and HPD DCAS and Village Care Examples Extell and L+M Easement Agreements Design Requirements in Subdivisions

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WHERE DO THEY LIVE?

Deed restrictions “live” with the signatories

  • On ACRIS
  • Wit

ith Agencie ies

  • Property

y Owners

  • Comm

mmun unit ity y Organiz izati ation

  • ns
  • Comm

mmun unit ity y Boards ds

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SLIDE 7

How to remove e deed restri trict ctions

  • ns depends

nds on the original inal disposition position of the site. e. Where re re restricti riction

  • n place

ced d via CPC C La Land Use Actio ion:

  • CPC can waive restrictions on a deed. Those are generally minor modifications.
  • Major modifications of special permits would follow a full ULURP path.

Deed d restrict iction ions s can be placed ed as part of the ULURP RP Process ss (a restri trict ctiv ive e applica icati tion) n) or not.

  • t. DCAS

AS has interna nal procedure.

  • dure. When left open DCAS

S goes s through gh the following wing procedu edure. e.

Removal Process: Where City is Involved

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DCAS PROCESS

REQUEST TO LIFT:

ULURP? Yes Submit ULURP Denied/Withdrawn Approved No Mayoral Authorization Document Modify deed, collect payment Owner records deed with DOF File archived, process complete

  • Land Use Planning (LUP) conducts

feasibility analysis; DCAS will either support or deny request Preliminary Review

  • Examines planning rationale for

removal Land Use Justification

  • BFS to determine fee. Rule of

thumb is 25% of appraised value Appraisal

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SLIDE 9

45 RIVINGTON STREET

45 45 Rivi vingt ngton

  • n was

was approved d for unrestrict restricted d disposa sposal via ULURP in the 1980s s DCAS volunta ntari rily y added restr tricti ction n about non-pr prof

  • fit health

th care fa facility. Property ty was was later r dire rectl ctly sold d to a local provi vider der, , Village Care § 2861 1 of Public Health h Law al allows s for agencies es to dispose spose of proper perty ty to a dire rect ct buyer. Property ty did d not

  • t have to go t

throug

  • ugh

h ULURP review proce cess ss when owner requ quest ested ed Deed Restricti triction n be l lifted; d; went through ugh DCAS procedure edure inst stead ad

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11 EAST 3RD STREET

11 East t 3rd

rd Street

t wa was a city ty owned parcel which ch wa was dispose sposed d to the Rod Rogers s and Duo Multi ticultur cultural al Art Center

  • er. It wa

was approved d by the City ty Counci cil and the Mayor in Sept.

  • t. and Nov. of 2004

4 respec pecti tively. . Sale came with th Limi mitati tations ns on Use and Disp spositi sition

  • n Area
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SLIDE 11

EXECUTIVE ORDER 17 OF 2016

See hando dout ut The Execut utive Order er (EO) applies s to unre rest strict ricted d disp sposit sitions.

  • ns. This

s provides vides more than n the minor mod process. The EO doesn’t matter if a property is already going to go throug

  • ugh

h ULURP, this s EO is s what t HPD and DCAS has to do on top of everythi ything ng else.

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LEGISLATION/POTENTIAL SOLUTIONS

Require quired d not

  • tific

ficati ation n and public hearing ng Require quired d database se of DCAS prope perti ties es with h deed restr stricti ctions

  • ns for public benefit

Require quired d monitorin ring g and reporti ting ng Suggesti estions ns?

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SLIDE 13

QUESTIONS/COMMENTS?