96-105 - Demolition of buildings

LAST AMENDED
12/5/2024


No demolition permit or alteration permit for partial demolition involving a decrease of more than 20 percent in the amount of
#residential# #floor area# in a #building# shall be issued by the Department of Buildings for any #building# containing
#dwelling units# within the Preservation Area, unless it is an unsafe #building# and demolition is required pursuant to the
provisions of Title 28, Chapter 2, Article 216 of the New York City Administrative Code.

However, the City Planning Commission, by a special permit, may allow demolition of #buildings# containing #dwelling units#
or #rooming units# other than unsafe #buildings# within the Preservation Area, provided that the Commission makes the
following findings:

(a)    that the existing #building#:

        (1)    is not eligible for rehabilitation under any active publicly-aided program under which funds are available; or

        (2)    is to be substantially preserved and requires an alteration permit to allow the removal and replacement of 20
                percent or more of the #floor area#.



(b)    that prior to evicting or otherwise terminating the occupancy of any tenant preparatory to demolition, the owner shall
        have notified the applicable governmental agency of its intention to demolish the #building#.

(c)    that the Department of Housing Preservation and Development has issued a #certification of no harassment# or that the
        owner has complied with paragraph (d) of Section 96-110; and

(d)    that an acceptable program for #development# of the #zoning lot# is submitted to the Commission which indicates that
        to the extent permitted by the provisions of Section 96-10 (PRESERVATION AREA), the number of new #dwelling
        units# to be constructed is at least equal to the number of #dwelling units# to be demolished and that the #floor area# of
        the #development# containing #residences# is at least equal to the #floor area# of the #dwelling units# to be demolished
        and that site development will commence within a period of twelve months from completion of relocation.

The Commission may prescribe appropriate conditions and safeguards to ensure that any interim #use# proposed on the site
prior to any construction is in conformance with the purposes of this Special District.