Historic Preservation Laws - East Flatbush
East Flatbush, New York property owners and developers must follow city and state rules when seeking tax incentives or making exterior changes to buildings in designated historic districts or landmarks. This guide explains how design review works, where to find federal and state rehabilitation tax-credit programs, which local approvals are required before construction, and practical steps to apply, document, and appeal decisions. It focuses on the Landmarks Preservation Commission review process, coordination with the Department of Buildings permits, and formal tax-credit certification paths so owners know when to consult preservation professionals and when to file official applications.
Overview of Local Review and Incentives
Exterior changes to designated landmarks or properties in historic districts in East Flatbush require review by the New York City Landmarks Preservation Commission and may also require Department of Buildings permits. Federal and state rehabilitation tax credits exist for qualifying projects but require certified rehabilitation and specific application steps.
Penalties & Enforcement
The Landmarks Preservation Commission enforces design-review controls for designated properties; enforcement can include stop-work orders, notices of violation, and civil penalties for unapproved work. For official enforcement procedures and how violations are issued, consult the LPC permit and enforcement pages Landmarks Preservation Commission permits and enforcement[1].
- Fine amounts: not specified on the cited page for specific dollar figures; see the LPC enforcement page for case details and referenced statutes.
- Escalation: first, repeat, and continuing offences and any per-day calculations are not specified on the cited LPC page.
- Non-monetary sanctions: stop-work orders, orders to restore, and referral to other city enforcement agencies are listed as enforcement options.
- Enforcer and complaint pathways: primary enforcement is by the LPC, with building permit coordination via DOB; to report unauthorized work use LPC contacts or 311 for DOB follow-up.
- Appeals and review: administrative appeals and judicial review routes (for example, Article 78 in New York State court) are available; specific time limits for filing appeals are not specified on the LPC permit page.
- Defences and discretion: owners can apply for permits, Certificates of Appropriateness, or emergency/provisional approvals; mitigation or replacement-in-kind may be acceptable in some cases.
Applications & Forms
- Certificates and permits: LPC issues approvals and permit guidance; official LPC application instructions and required documentation are on the LPC permits page cited above LPC permits[1].
- Federal tax-credit forms: the National Park Service certifies historic rehabilitation under the Federal Historic Preservation Tax Incentives program; required forms (Part 1, Part 2, Part 3) and guidance are available from NPS NPS Historic Tax Incentives[2].
- State incentives and forms: New York State historic preservation tax-credit program materials, application guidance, and contacts are provided by the NYS State Historic Preservation Office.
Process, Documentation, and Action Steps
- Pre-application: confirm designation status and whether the property sits in an LPC-designated district.
- Design submission: assemble drawings, materials specs, and photographs for LPC review; follow LPC submission checklists.
- Tax-credit documentation: retain invoices, contracts, and photographs showing historic fabric and rehabilitation costs for certification by NPS and the NYS SHPO NYS SHPO[3].
- Permit coordination: secure any required DOB permits only after LPC approval to avoid stop-work and DOB violations.
- Inspection and completion: follow required inspections and document final work for certificate issuance and tax-credit Part 3 certification when applicable.
FAQ
- How do I know if my East Flatbush property is landmarked?
- Check the Landmarks Preservation Commission designation maps and property listings; contact LPC staff to confirm status and implications for exterior work.
- Can I use federal historic tax credits for a residential rehab?
- Federal credits typically apply to certified historic structures used for income-producing purposes; consult the NPS program rules and the Part 1/2/3 certification process for eligibility.
- What if I did work without LPC approval?
- You may face LPC enforcement such as stop-work orders and notices of violation; contact LPC and consider filing for after-the-fact approval while preparing to address possible penalties.
How-To
- Confirm landmark or district status with the LPC and review applicable design guidelines.
- Prepare drawings, specs, and historic documentation for LPC submission and any tax-credit Part 1 application.
- Submit to LPC for review; obtain a Certificate of Appropriateness or similar approval before starting exterior work.
- Coordinate DOB permits after LPC approval and track eligible rehabilitation expenses for federal/state credit certification.
- Complete certified rehabilitation, request final certification (NPS Part 3 and any state final forms), and retain records for tax filings.
Key Takeaways
- Always check LPC designation before planning exterior changes.
- Federal and state tax credits require certified procedures and specific documentation.
- Coordinate LPC approvals and DOB permits to avoid stop-work orders and enforcement.
Help and Support / Resources
- Landmarks Preservation Commission - official site
- NYC Department of Buildings - permits and inspections
- NYS State Historic Preservation Office
- National Park Service - Federal Historic Tax Incentives