RCNY tit. 63, ch. 11 — Administrative Enforcement | Rules of the City of New York (current through rules effective October 16, 2026) — City of New York

63 RCNY § 11-01 Definitions.

§ 11-01 Definitions. The following definitions shall apply to this chapter: (a) The term "Landmarks Law" means Chapter 3 of Title 25 of the Administrative Code of the City of New York. (b) The term "respondent" means a person who is alleged to have violated the Landmarks Law by creating, authorizing, performing or maintaining work on a landmarks site, within the boundaries of a historic district or to any part of an Interior Landmark without, or in violation of, a permit from the Landmarks Preservation Commission ("Commission"). (c) The term "stop work order" means an order, issued pursuant to § 25-317.2 of the Administrative Code. (d) A violation is "corrected" by removing the illegal condition, only where such condition can be easily removed without damage to underlying building material and where such removal does not require a permit from the Commission. For example, a violation for the installation of a sign or awning without a permit may be corrected by removing the sign or awning, if such removal does not result in damage to the underlying building material. Correcting a violation does not include or otherwise permit the reinstallation of a preexisting condition or the installation of a substitute condition. For example, a violation for the installation of a sign or awning without a permit, where such installation involved the removal of a preexisting sign or awning, may not be corrected by reinstalling the prior sign or awning, or installing a different sign or awning. A violation is not corrected for purposes of § 25-317.1(b)(6) of the Landmarks Law if the same or a similar illegal condition is installed within 180 days of the respondent's representation to the Commission that the violation has been corrected. (e) A violation is "legalized" when the Commission issues a permit approving and authorizing the work that was done without a permit. (f) A violation is "cured" where the Commission issues a permit authorizing modifications to the illegal condition to make it appropriate, or where the Commission authorizes work to replace the illegal work, and the modification or replacement work is completed and the Commission has issued a Notice of Compliance. (g) For purposes of 63 RCNY §§ 11-03, 11-04 and 11-06, the term "mail," "mailed" and "mailing" means first class United States mail or express or overnight delivery to a respondent as follows: (1) Where the respondent is an owner, the warning letter, Summons or stop work order shall be mailed to the owner's address as contained in the records of the Department of Finance for purposes of the assessment or collection of real estate taxes or as contained in the records of the Commission for purposes of the implementation or enforcement of the relevant portions of the Charter or Administrative Code. (2) Where the respondent is a tenant or occupant of the premises where the violation occurred, the warning letter, Summons or stop work order shall be mailed to the address where the violation occurred. (3) Where the respondent is a contractor or other person who performed or was in charge of overseeing the work that was done without, or in violation of, a permit, the warning letter, Summons or stop work order shall be mailed to the contractor's or person's business address as generally advertised or represented to the public, unless such contractor or other person is the owner, tenant or occupant. (4) Where the respondent is any other person in charge of a designated improvement or improvement parcel, the warning letter, Summons or stop work order shall be mailed to such person's business address, as generally advertised or represented to the public, or as such address is contained in the records of the Department of Finance for purposes of the assessment or collection of real estate taxes or as contained in the records of the Commission for purposes of the implementation or enforcement of the relevant portions of the Charter or Administrative Code. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 11-02 Enforcement of Summonses.

§ 11-02 Enforcement of Summonses. All Summonses or previously issued Notices of Violation will be heard at the Office of Administrative Trials and Hearings-Hearing Division ("OATH") or its successor. For purposes of this subchapter, OATH is authorized to issue final, binding decisions. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 11-03 Service of Summons.

§ 11-03 Service of Summons. In addition to the service requirements of the court or tribunal at which a Summons is to be heard, a Summons may be served by mailing such Summons to a respondent. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 11-04 Warning Letter.

§ 11-04 Warning Letter. Subject to the exceptions set forth in § 25-317.1(b)(1) of the Administrative Code, the LPC shall mail a warning letter to a respondent prior to the issuance of a Summons. The warning letter shall inform the respondent that the LPC believes a violation of the Landmarks Law has occurred at the subject premises and shall also: (1) describe the violation in general detail; (2) warn the respondent that the law authorizes civil and criminal penalties for violations; (3) notify the respondent that a Summons may be served unless, within 20 working days of the date of the warning letter, the violation is corrected or an application to legalize or cure the violation is received by the Commission. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 11-05 Summons; Grace Period.

§ 11-05 Summons; Grace Period. (a) A respondent will qualify for the grace period set forth in § 25-317.1(b)(6) of the Administrative Code, and not be subject to a fine, by delivering, at least fourteen (14) days prior to the hearing date set forth in the Summons or previously issued Notice of Violation, the following to the Commission: (1) Admission of liability, and (2) proof, satisfactory to the Commission, that the violation has been corrected, or (3) an application to legalize or cure the violation. (b) For purposes of paragraph (2), "proof" means the submission of an affidavit or other sworn statement describing the violation and the work performed to correct the violation. The affidavit or sworn statement must be supplemented by photographs and any other supporting material that demonstrates that the illegal condition has been corrected. The Commission may reject the proof submitted if it does not unequivocally demonstrate that the illegal condition has been corrected. (c) OATH will determine penalties for violations based on the Schedule attached as Appendix A to this Chapter. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 11-06 Stop Work Order.

§ 11-06 Stop Work Order. Service. A stop work order may be served: (1) by mailing the stop work order to the respondent; (2) by affixing the stop work order to the place where the violation is occurring; or (3) orally. Where the stop work order is affixed or given orally, the Commission must within two (2) business days thereof mail a copy of the stop work order to the respondent. (Amended City Record 12/20/2018, eff. 1/19/2019)