Board of Standards and Appeals

NYC Admin. Code tit. 25, ch. 2

in effect

NYC Admin. Code § 25-201 Temporary vacancies; filling of.

§ 25-201 Temporary vacancies; filling of. In the event of the absence or illness of an appointed member, the mayor shall have power to appoint another person to act in his or her place at any meeting or meetings during such period of absence or illness.

NYC Admin. Code § 25-202 Fees.

§ 25-202 Fees. The fees hereinbelow set forth shall be charged for the following applications, appeals, filings and reviews: 1. Zoning variances. Application for any variance under the zoning resolution with respect to: a. (1) Individually owned one and two family dwellings: $1,100.00. (2) Individually owned three family dwellings: $1,700.00. b. Other buildings and structures (fee schedule applicable to square footage involved in application), and junk yards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application). (1) 10,000 square feet or less of floor area or lot area: $3,950.00. (2) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $5,480.00. (3) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $7,040.00. (4) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $8,560.00. (5) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $10,100.00. (6) In excess of 100,000 square feet of floor area: $10,100.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area. (7) In excess of 100,000 square feet of lot area: $11,200.00. c. All other applications for any zoning variance under the zoning resolution not subject to paragraph a or b of this subdivision: $5,480.00. 2. Zoning special permits. Application for any special permit under the zoning resolution with respect to: a. (1) Individually owned one and two family dwellings: $1,000.00. (2) Individually owned three family dwellings: $1,570.00. b. Other buildings and structures (fee schedule applicable to square footage involved in application), and junk yards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application): (1) 10,000 square feet or less of floor area or lot area: $2,960.00. (2) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $4,130.00. (3) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $5,280.00. (4) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $6,430.00. (5) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $7,580.00. (6) In excess of 100,000 square feet of floor area: $7,580.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area. (7) In excess of 100,000 square feet of lot area: $8,400.00. c. Application for any special permit under the zoning resolution not subject to paragraph a or b of this subdivision: $4,130.00. 3. Special order calendar. a. Application to reargue or rehear an application pursuant to the rules of practice and procedure of the board of standards and appeals: $1,850.00. b. Application for amendment of a variance or special permit previously granted under the zoning resolution with respect to: (1) Individually owned one and two family dwellings: $440.00. (2) Individually owned three family dwellings: $920.00. (3) All other developments: $2,110.00. c. Application for an extension of time: (1) To obtain a certificate of occupancy pursuant to a resolution of the board of standards and appeals: $1,200.00. (2) To complete construction pursuant to section 72-23 or 73-70 of the zoning resolution: $1,200.00 d. Application for extension of term of a variance or special permit previously granted under the zoning resolution with respect to individually owned one, two or three family dwellings, other buildings and structures (fee schedule applicable to square footage involved in application), and junkyards, parking lots, automotive service stations and other similar uses (fee schedule applicable to lot area involved in application): (1) Individually owned one, two or three family dwellings: $550.00. (2) 10,000 square feet or less of floor area or lot area: $2,370.00. (3) In excess of 10,000 but not more than 20,000 square feet of floor area or lot area: $3,290.00 (4) In excess of 20,000 but not more than 40,000 square feet of floor area or lot area: $4,220.00 (5) In excess of 40,000 but not more than 70,000 square feet of floor area or lot area: $5,140.00. (6) In excess of 70,000 but not more than 100,000 square feet of floor area or lot area: $6,060.00. (7) In excess of 100,000 square feet of floor area: $6,060.00 for the first 100,000 square feet of floor area plus 5.0% of square footage in units of 10,000 square feet above 100,000 square feet of floor area. (8) In excess of 100,000 square feet of lot area: $6,720.00. (9) All other applications: $3,290.00. e. Application to waive the rules of practice and procedure of the board of standards and appeals when: (1) Application to extend time to complete construction is filed one year or less after the permitted filing period: $660.00. (2) Application to extend time to complete construction is filed more than one year after the permitted filing period: $920.00. (3) Application to extend the term of a previously issued variance, special permit or appeal is filed one year or less be after the permitted filing period: $1,180.00. (4) Application to extend the term of a previously issued variance, special permit or appeal, is filed between one and two years after the permitted filing period: $1,850.00. (5) Application to extend the term of a previously issued variance, special permit or appeal, is filed more than two years after the permitted filing period: $2,630.00. (6) Application to extend the term of a previously issued variance, special permit or appeal, is filed more than ten years after the permitted filing period: $5,000. f. Application for minor amendments that is in substantial compliance with previous grant: $930.00. 4. Appeals. a. Application to waive section thirty-five or thirty-six of the general city law with respect to: (1) One, two and three family residences, per building permit: $790.00. (2) All other residences, per building permit: $1,540.00. (3) All other buildings and properties, per building permit: $1,980.00. b. Appeal from or application for review of any order, requirement or determination of the commissioner of buildings or of any borough superintendent of the department of buildings or of the fire commissioner or any rule or regulation or amendment or repeal thereof made by the fire commissioner or the commissioner of small business services with respect to: (1) One, two and three family residences, per building permit: $1,260.00. (2) All other residences, per building permit: $2,460.00. (3) All other buildings and properties, per building permit: $3,160.00. c. Application to vest building permit under the common law doctrine of vested rights with respect to: (1) One, two and three family residences, per building permit: $940.00. (2) All other residences, per building permit: $2,460.00. (3) All other buildings and properties, per building permit: $3,160.00. d. Application for amendment of prior approval of appeals from or application for review of any order, requirement or determination of the commissioner of buildings or of any borough superintendent of the department of buildings or of the fire commissioner or any rule or regulation or amendment or repeal thereof made by the fire commissioner or the commissioner of small business services with respect to: (1) One, two and three family residences: $920.00. (2) All other developments: $2,110.00. 5. Application for extension of period to complete construction pursuant to section 11-33 of the zoning resolution: a. One, two and three family residences, per building permit: $940.00. b. All other residences, per building permit: $3,690.00. c. All other buildings and properties, per building permit: $4,740.00. 6. Exemptions. The provisions of this section shall not apply if a municipal department or agency of the city is the applicant or appellant before the board of standards and appeals. 7. Other. Request to obtain off-site file of previous applications to the board of standards and appeals: $50.00.

NYC Admin. Code § 25-203 Board's orders; violation; penalty.

§ 25-203 Board's orders; violation; penalty. Any person who shall knowingly violate or fail to comply with any lawful order or requirement of the board made under the authority of sections six hundred sixty-six and six hundred sixty-eight of the charter shall be guilty of a misdemeanor; and in addition thereto, and in addition to all other liabilities and penalties imposed by law, shall forfeit and pay for each such violation and non-compliance respectively, a penalty in the sum of not more than two hundred and fifty dollars, as may be fixed by the court awarding judgment therefor. An action may be brought for the recovery of any such penalty or penalties in the New York city civil court or any other court of record in the city, in the name of the city. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.

NYC Admin. Code § 25-204 Non-appealable orders.

§ 25-204 Non-appealable orders. The following are not appealable to the board: 1. An order requiring an unsafe building, staging or structure to be made safe; 2. An order, requirement, decision or determination made with respect to or under the provisions of section 26-127 of the code and article eight of subchapter three of chapter one of title twenty-six of the code. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.

NYC Admin. Code § 25-205 Multiple dwelling law not to be varied.

§ 25-205 Multiple dwelling law not to be varied. The board shall not vary or modify the multiple dwelling law nor any order, regulation or ruling of the commissioner of housing preservation and development, except as provided in section three hundred ten of the multiple dwelling law, and except that any such order, regulation or ruling issued under the provisions of chapter two of title twenty-seven of the code may be varied or modified by the board to the extent permitted by such chapter in the manner and subject to the conditions therein specified. This section shall not deprive the board of any of its powers of review on appeal.

NYC Admin. Code § 25-206 Decision on appeals; form of.

§ 25-206 Decision on appeals; form of. The decision on appeals shall be in writing and, so far as is practicable, shall be in the form of a general statement or resolution which shall be applicable to cases similar to or falling within the principles passed upon in such decision.

NYC Admin. Code § 25-207 Certiorari.

§ 25-207 Certiorari. a. Petition. Any person or persons, jointly or severally aggrieved by any decision of the board may present to the supreme court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to a justice of the supreme court or at a special term of the supreme court within thirty days after the filing of the decision in the office of the board. b. Order of certiorari. Upon the presentation of such petition, the justice or court may allow an order of certiorari directed to the board to review such decision and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court or a justice thereof. Such order shall be returnable at a special term of the supreme court of the judicial district in which the property affected, or a portion thereof, is situated. The allowance of the order shall not stay proceedings upon the decision appealed from, but the court may on application, on notice to the board and on due cause shown, grant a restraining order. c. Return to order. The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such order. The return must concisely set forth such other facts as may be pertinent and material to show the grounds of the decisions appealed from and must be verified. d. Proceedings upon return. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. e. Costs. Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. f. Preferences. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.

NYC Admin. Code § 25-208 Notice of expiration of a variance or special permit.

§ 25-208 Notice of expiration of a variance or special permit. For any variance or special permit granted by the board after December 31, 2013 pursuant to sections 666 and 668 of the charter for which such board imposed a term, the board shall notify, no later than six months prior to the expiration of the term of such variance or special permit, the owner of record of the subject property and the community board for the community district in which the subject property is located that the term of such variance or special permit will expire. Such notification shall be sent via first class mail and, if practicable, via email. Use of such subject property after the expiration of such term in a manner that is inconsistent with the certificate of occupancy or with records of the department of buildings shall subject such property to a violation of section 28-118.3.2 of this code. Such notification shall also inform the owner of record of the subject property that the board may not approve an application to extend the term of a variance or special permit until penalties imposed pursuant to a violation of such section are paid in full. (L.L. 2017/084, 5/30/2017, eff. 8/28/2017; Am. L.L. 2020/011, 1/10/2020, eff. 2/9/2020; Am. L.L. 2025/120, 8/13/2025, eff. 8/13/2025) Editor's note: Former § 25-208, reports on variances and special permits, was repealed by L.L. 2025/120, 8/13/2025, eff. 8/13/2025, and former §§ 25-209 and 25-210 were renumbered as §§ 25-208 and 25-209.

NYC Admin. Code § 25-209 Notice of board decisions.

§ 25-209 Notice of board decisions. a. Upon issuance of any order, requirement, decision, determination, resolution or restrictive declaration affecting real property, the board shall timely record in the office of the register of the city of New York in the county in which the subject property lies, or in the case of property within the county of Richmond, in the office of the clerk of such county, notice of such order, requirement, decision, determination, resolution or restrictive declaration. b. The board may, where it determines it to be in the public interest, record notices of orders, requirements, decisions, determinations, resolutions and restrictive declarations affecting real property rendered prior to the effective date of the local law that added this section in a manner and within a period of time to be determined by the board. c. Each notice recorded pursuant to this section shall include the borough, block and lot number of the affected property as set forth on the tax map. d. Failure to record notice of an order, requirement, decision, determination, resolution or restrictive declaration of the board affecting real property in the office of the register of the city of New York in the county in which a subject property lies, or in the case of property within the county of Richmond, in the office of the clerk of such county, shall not affect the validity of such order, requirement, decision, determination, resolution or restrictive declaration. (L.L. 2021/082, 7/18/2021, eff. 7/18/2021; Am. L.L. 2025/120, 8/13/2025, eff. 8/13/2025)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-226524Fetched: 10/24/2026