Recent Revisions to Landmarks Rules

As of January 22, 2019, The New York City Landmarks Preservation Commission (LPC) has enacted important revisions to several sections of its rules for construction on individually designated landmarks and on properties within historic districts in the City of New York.

We have summarized the most important changes affecting the work we do at HLZAE. To view the complete document issued by the LPC, please click here.

Section 2-11 – Repair and Restoration of Building Façades (Buildings within Historic Districts)

• Replacement of brick and stucco must be in-kind.
• Cast iron must be replaced in-kind at or below the 6th story on primary façades. Substitute materials for cast iron can be used above the 6th floor.
• Terra-cotta must be replaced in-kind at or below the 6th story, except for copings and other limited elements and applications. Above the 6th story, substitute materials may be used for cornices and projecting balconies with weight and or attachment issues where the use of terra-cotta has the potential to cause the loss of additional historic material.
• Substitute materials may not be used for any materials at Individual Landmarks or buildings with a Modification of Use (MOU).

Section 2-14 – Window and Door Replacement

The LPC can now provide staff-level approvals for the following items at the primary façade(s):

• Replacement of a double-hung window with a fixed upper sash.
• Installation of “passive house” windows (fixed upper sash and inward tilting lower sash), provided that the new windows match the existing and all windows in the building are replaced at the same time.
• Installation of new windows in existing non-window openings, provided that the new windows match and harmonize with the material, finish, and details of the historic windows.
• Replacement of a pivot window with a hinged window. Replacement windows for arched headed sash in a different material if the historic windows are one-over-one.

The LPC can now provide staff-level approvals for the following items at non-primary façade(s):

• Window enlargements provided that a minimum of 18” of masonry remains between the windows (above and below). The top floor windows are excluded from staff level approval for window enlargements.
• Combination of a bay of windows on the same floor, provided a group of windows is not combined into a single bay and the outer masonry piers are retained.

Section 2-15 – Roof Top and Rear Yard Additions or Enlargement

Several sections have been combined.

• The term “minimally visible” has been modified:
  • 12” of visibility is allowed if the addition is less than 60 feet above the ground.
  • 18” of visibility is allowed if the addition is between 60 feet and 80 feet above the ground.
  • 24” of visibility is allowed if the addition is between 81 feet and 100 feet above the ground.
  • 36” of visibility is allowed if the addition is over 100 feet above the ground.

Limitations:

1. The visible portion of the addition cannot span more than 50% of the length of the façade unless it is a railing or other installation with a similar open quality.
2. Rear yard additions cannot be visible at all except for wood or metal decks.
3. An exception has been created for chimney or exhaust flues that must be raised due to a new deck construct. These elements must be minimally visible as defined above.
4. LPC staff can approve a complaint addition that is not as-of-right for use.
5. LPC staff cannot approve an addition at staff level that will require the increase in the bulk use of space.
6. The use of exposed or painted concrete, concrete masonry units, and EIFS is prohibited in rear yards.

Section 2-21 – HVAC

• The LPC can provide a staff-level approval for rooftop installations if the LPC determines it is not feasible to make the equipment not visible.
• If this installation is approved and is visible, the following guidelines will apply:
  • 12” of visibility is allowed if the addition is less than 60 feet above the ground.
  • 18” of visibility is allowed if the addition is between 60 feet and 80 feet above the ground.
  • 24” of visibility is allowed if the addition is between 81 feet and 100 feet above the ground.
  • 36” of visibility is allowed if the addition is over 100 feet above the ground.
• Through-wall HVAC installations do not have to adhere strictly to an existing pattern if it is impractical to do so.

Section 2-22 – Fire Escapes

• The LPC can provide staff-level approvals for the following items related to fire escapes:
  • The extension of an existing fire escape horizontally or vertically.
  • The replacement of a drop ladder with a drop stair and vice-versa.
  • The installation of a new fire escape where one does not exist, if there is no feasible alternative to installing a new fire escape, fire escapes are common to the district, it is utilitarian in design, and it is placed on the least visible portion of the façade.

Administrative changes:

• The Environmental Control Board (ECB) is now a division of the Office of Administrative Trials and Hearings (OATH)
• Notice of violations are now summonses and will carry a monetary penalty.