Historic Preservation Alteration Review - East New York Law
East New York, New York property owners and contractors must follow New York City historic preservation rules when altering designated buildings or properties in historic districts. This guide explains which municipal agencies enforce alteration review, how to apply for certificates or permits, typical compliance steps, and what to expect during inspections and appeals. It is written for owners, architects, contractors, and neighborhood advocates seeking clear action steps to start, complete, or challenge an alteration review.
Scope of Alteration Review
Alteration review in New York City applies to buildings and sites designated by the Landmarks Preservation Commission (LPC) and to properties in historic districts. For most exterior work and some interior work on designated interiors, owners must obtain LPC approval before seeking Department of Buildings (DOB) permits. Consult the LPC for whether a specific property or district is designated and for application categories.[1]
Typical Review Process
- Prepare drawings and materials for LPC application.
- File for a Certificate of Appropriateness or Certificate of No Effect with LPC when required.
- After LPC action, obtain required DOB permits and inspections to begin work.
- Follow any conditions in LPC approvals and complete DOB inspections to close permits.
Penalties & Enforcement
Enforcement of historic-preservation alteration rules involves the Landmarks Preservation Commission (administrative review and compliance directives) and the Department of Buildings (permit enforcement, stop-work orders, and civil penalties). When work is performed without required LPC approval or DOB permits, agencies may issue violations, stop-work orders, or require restoration.
- Monetary fines: not specified on the cited page.[1]
- Escalation: first, repeat, and continuing offence ranges are not specified on the cited page.
- Non-monetary sanctions: stop-work orders, mandatory restoration, revoke or withhold permits, or referral for civil enforcement actions.
- Enforcers and inspection pathways: Landmarks Preservation Commission for designation compliance and Department of Buildings for permits and inspections; complaints may be filed via LPC and DOB contact pages.[1]
- Appeals and review: agency decisions can be challenged through administrative procedures and by seeking judicial review in state court (Article 78 petition) where applicable; specific time limits are not specified on the cited page.
- Defences and discretion: documented emergencies, exigent safety repairs, or documented permits/variances may be considered; check LPC guidance for permitted emergency work protocols.
Applications & Forms
The primary LPC application types include requests for Certificates of Appropriateness, Certificates of No Effect, and emergency work notifications. Specific form names and filing instructions are available from LPC application pages; DOB permits for construction and alteration follow after LPC approval when required.[1]
Action Steps
- Confirm designation status with the LPC and review district rules.
- Hire a licensed architect or preservation consultant to prepare LPC application drawings and narratives.
- File with LPC for required certificate; after LPC decision, obtain DOB permits and schedule inspections.
- If you receive a violation, follow the agency instructions to correct the work and pay any fines or request a hearing.
FAQ
- Do I always need LPC approval for exterior work?
- No; some minor repairs may be covered by a Certificate of No Effect, but confirmation from LPC is required before proceeding.
- What if work was done without approval?
- You may receive violations or a stop-work order; contact LPC and DOB to learn corrective steps and whether restoration is required.
- How long does an LPC review take?
- Review times vary by application type and complexity; consult LPC application pages for current timelines.
How-To
- Verify whether your property is designated on the LPC map.
- Assemble drawings, materials samples, and a scope of work with a design professional.
- Submit the appropriate LPC application and await agency determination.
- After LPC approval, file for DOB permits, complete work under permit, and close inspections.
Key Takeaways
- Start with LPC designation status to determine if review is required.
- Obtain the correct LPC certificate before filing DOB permits to avoid enforcement actions.
Help and Support / Resources
- Landmarks Preservation Commission - Contact & Services
- NYC Department of Buildings - Landmarked Properties
- NYC Department of City Planning
- NYC 311 - Report a Problem or Complaint