N.Y.C. Admin. Code § 3-119: § 3-119 Modification or removal of deed restrictions.

a.

Definitions. For the purposes of this section, the term "deed restriction" means a covenant set forth in a deed, lease that is for a term of 49 years or longer, or easement that limits the use of property located within the city and is imposed by the city when such property is sold or otherwise disposed of by the city.

b.

Approval.

1. The department of citywide administrative services shall not modify or remove any deed restriction without the approval of the mayor pursuant to this section.

2. The department of housing preservation and development shall not modify or remove any deed restriction without the approval of the mayor or the deputy mayor for housing and economic development or the official occupying any successor position, or his or her designee.

c.

Committee.

1. There shall be a committee to review preliminary recommendations by the department of citywide administrative services to modify or remove deed restrictions. The committee shall consist of four members, who shall be:

i. the first deputy mayor or the official occupying any successor position, or their designee;

ii. the deputy mayor for housing and economic development or the official occupying any successor position, or their designee;

iii. the corporation counsel, or their designee; and

iv. the director of the office of management and budget, or their designee.

2. Such committee shall review the preliminary recommendation and accompanying materials submitted by the department of citywide administrative services and determine whether to approve such recommendation. In reaching such determination, the committee shall consider whether approval furthers the best interests of the city, pursuant to the factors set forth in subdivision a of section 25-802.

3. (a) The committee shall issue a written determination of its approval or denial of the department of citywide administrative services' preliminary recommendation, including the committee's determination to approve or modify the consideration amount required, if any, for the modification or removal of the deed restriction, as proposed by the department, and the reasons for reaching such determinations. Any modification of the consideration amount by the committee shall be based on the appraisals provided by the department and in accordance with the calculation method developed by the department pursuant to subdivision b of section 25-804.

(b) Within three business days of reaching such a determination, the committee shall post online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

(c) The committee may modify its determination in the event that updated appraisals are provided to the committee after the department submits its preliminary recommendation.

d.

Mayoral approval.

1. Following the receipt of the department of citywide administrative services' final written recommendation for approval of a request to modify or remove a deed restriction submitted pursuant to section 25-805, the mayor, or the mayor's designee, shall approve or deny such request. Such request shall only be approved upon a determination by the mayor that the proposed modification or removal is appropriate and furthers the best interests of the city.

2. Within three business days of reaching a determination of approval or denial of such request, the mayor shall post notice of such determination online and send notice of such determination by mail and electronic mail to the department of citywide administrative services, community board for the community district in which the property is located, council member representing the council district in which the property is located, and borough president representing the borough in which the property is located.

e.

Database of properties.

1. The mayor or an agency or officer designated by the mayor shall maintain a searchable electronic database of all real property upon which a deed restriction was imposed on or after 1966 by the department of citywide administrative services and all requests for modification or removal of such deed restrictions made pursuant to the procedures set forth in chapter 8 of title 25. Data shall be added to such database as set forth in paragraph 2 of this subdivision and updates to such data shall be made not less than 30 days following any change to such data. Such database shall be posted on the city's website, shall have the ability to produce reports by query, and shall be published to the city's open data portal in a non-proprietary format that permits automated processing and shall include, but not be limited to, the following information:

i. The location of the property including the borough, community board district, block and lot number, and any commonly known name;

ii. The name and address of the person or entity to whom the property was disposed;

iii. A description of all restrictions contained in the deed to the property;

iv. A copy of or electronic link to the deed, lease that is for a term of 49 years or longer, or easement containing such restriction;

v. Information on requests for the modification or removal of a deed restriction made pursuant to the procedures set forth in chapter 8 of title 25, including, but not limited to, all information required to be posted online by the department for citywide administrative services pursuant to such section; and

vi. Any other information deemed relevant by the mayor or the agency or officer designated by the mayor to maintain such database.

2. Such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 2006. No later than one year following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1996. No later than two years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1986. No later than three years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1976. No later than four years following the effective date of this local law, such database shall contain all real property upon which a deed restriction was imposed by the department of citywide administrative services on or after January 1, 1966.

(L.L. 2016/176, 12/22/2016, eff. 12/22/2016 and 12/22/2017)