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

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 St 2. 11 East t 3 rd rd St St V. Process ss Chang nges es

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

WHAT ARE DEED RESTRICTIONS? Deed restricti trictions ns are rules es and regulations ations that t govern n one or more lot ots 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).

WHO SIGNS DEED RESTRICTIONS Bet etween een Public ic Public ic and Privat ate Bet etween een Two Privat ate Entiti ties es Entiti ties es Pa Parties es Examples Examples Examples HPD and DOE NYU and DOT Extell and L+M DCAS and HPD Rod Rogers Theatre and Easement Agreements HPD HPD and Parks Design Requirements in -Green Thumb DCAS and Village Care Subdivisions

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 ons  Comm mmun unit ity y Boards ds

Removal Process: Where City is Involved How to remove e deed restri trict ctions ons depends nds on the original inal disposition position of the site. e. Where re re restricti riction on 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. ot. DCAS AS has interna nal procedure. dure. When left open DCAS S goes s through gh the following wing procedu edure. e.

DCAS PROCESS REQUEST TO LIFT: Preliminary Review ULURP? • Land Use Planning (LUP) conducts feasibility analysis; DCAS will either support or deny request Land Use Justification • Examines planning rationale for Yes No removal Appraisal • BFS to determine fee. Rule of Mayoral thumb is 25% of appraised value Submit ULURP Authorization Document Modify deed, Denied/Withdrawn Approved collect payment Owner records File archived, deed with DOF process complete

45 RIVINGTON STREET 45 45 Rivi vingt ngton on 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 ofit 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 ot have to go t throug ough 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

11 EAST 3 RD STREET 11 East t 3 rd 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 on Area

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

LEGISLATION/POTENTIAL SOLUTIONS Require quired d not otific ficati ation n and public hearing ng Require quired d database se of DCAS prope perti ties es with h deed restr stricti ctions ons for public benefit Require quired d monitorin ring g and reporti ting ng Suggesti estions ns?

QUESTIONS/COMMENTS?