Expedited Review of Certain Applications for Certificates of No Effect

RCNY tit. 63, ch. 2, subch. C

in effect

63 RCNY § 2-31 Definitions.

§ 2-31 Definitions. As used in these Rules, the following terms have the following meanings: Architect. "Architect" means an individual, partnership, corporation or other legal entity licensed to practice the profession of architecture under the education law of the State of New York. CNE. "CNE" means a Certificate of No Effect as defined by § 25-306 of the Landmarks Law. Day. "Day" means any day other than a Saturday or Sunday or legal holiday. Engineer. "Engineer" means any individual, partnership, corporation or other legal entity licensed to practice the profession of engineering under the education law of the State of New York. Landmarks Law. "Landmarks Law" refers to Section 3020 of the Charter and Chapter 3 of Title 25 of the Administrative Code of the City of New York. Landmarks Preservation Commission. "Landmarks Preservation Commission" means the Commission acting in its agency capacity to implement the Landmarks Law. LPC staff. "LPC Staff" means the staff of the Landmarks Preservation Commission acting in the Commission's agency capacity. Summons. "Summons" means a notice from the Landmarks Preservation Commission that work on a landmark site or within an historic district was performed without a permit or was not performed in accordance with a permit issued by the Landmarks Preservation Commission. With respect to Title 63 of the Rules of the City of New York and §§ 25-301 through 25-322 of the Administrative Code, the term "Summons" will be construed to include and apply to any previously issued "Notice of Violation." Story. "Story" is defined as a habitable floor level, including a basement but not including a cellar. Terms not otherwise defined in these rules have the meaning given them in the Landmarks Law. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 2-32 Expedited Review Procedures.

§ 2-32 Expedited Review Procedures. (a) General. The expedited review procedures set forth in this section are available for certain interior work as detailed below. Expedited review is predicated upon the statements and representations of the architect or engineer and the owner and upon the satisfaction of certain terms and conditions, all as set forth in this section. (b) Work Eligible for Expedited Review. The following work is eligible for expedited review: (1) Interior work which is to be performed at or above the third full story and which does not involve any change to, replacement of, or penetration of, an exterior wall, window, skylight or roof, including but not limited to penetrations, replacements or changes for ducts, grilles, exhaust intakes, vents or pipes, may qualify for an expedited review; (2) Interior work which is to be performed at or below the second full story in a building where there is no commercial use below the second full story, where the proposed work does not involve change to, replacement of, or penetration of an exterior wall, window, skylight or roof, including but not limited to penetrations, replacements or changes for ducts, grilles, exhaust intakes, vents or pipes; (3) Interior work which is to be performed in the cellar or basement, provided the work does not require excavation, except for minimal excavation related to elevator or mechanical work that does not require underpinning, and the work does not involve any change to, replacement of, or penetration of, a visible exterior wall or window; (4) Expedited review will not be permitted for work proposed to be performed within a designated Interior Landmark. (c) Criteria and Conditions for Expedited Review. Each of the following conditions must be satisfied in order to obtain an expedited review: (1) The work will be eligible work as described in 63 RCNY § 2-32(b) above. (2) The application for which an expedited review is requested will be accompanied by a completed Landmarks Preservation Commission expedited review form which must include: (i) a statement signed and sealed by the architect or engineer that: (A) the architect or engineer has prepared, or supervised the preparation of, the plans and specifications submitted with the application; (B) all work shown on such plans and specifications is: (a) interior work only, (b) to be performed only at or above the third full story or in the cellar or basement, or at or below the second full story in a building where there is no commercial use on the ground floor, (c) not to be performed on any portion of a space designated as an Interior Landmark, (d) does not involve excavation, except for minimal excavation related to elevator or mechanical work, or any change to, replacement of, or penetration of, a window, skylight, exterior wall or roof or any portion thereof, and (e) for floors one through six (1 - 6) does not involve a dropped ceiling greater than one foot (1'0") below the head of a window, a perpendicular partition abutting a window, or a parallel partition blocking more than one foot (1'0") of a window, any of which is less than a minimum of one foot (1'-0") back from interior window sill or frame, whichever is further from the glass. (C) that where there are associate architects or engineers, that they likewise join in the request for an expedited review of the application; (D) that the architect or engineer and associate architects or engineers, if any, are aware that the Landmarks Preservation Commission will rely upon the truth and accuracy of the statements contained in the application made by them, and any amendments submitted in connection therewith, as to compliance with the provisions of the Landmarks Law and these rules; (ii) a statement signed by the owner of the property that: (A) the proposed work meets the criteria for expedited review as described in subdivision (b); (B) no change to, or modification of, the proposed work will be undertaken by the owner, his or her architect or engineer or any other agent of the owner without the prior approval of the Landmarks Preservation Commission; and (C) the necessary remedial measures to obtain compliance will be taken, if the same becomes necessary; (3) No Summons from the Landmarks Preservation Commission is in effect against the property which is the subject of the proposed work for which an expedited review is requested; and (4) The application is complete in all other respects. (5) The architect or engineer and associate architects or engineers, if applicable, have not been excluded by: (i) the Chair of the Landmarks Preservation Commission from the procedures for expedited review pursuant to 63 RCNY § 2-34; or (ii) the Commissioner of the Department of Buildings from the Department's procedures for limited supervisory check of applications and plans set forth in 1 RCNY § 21-02. (d) Issuance of Permit or Report. If all conditions to an expedited review have been satisfied, LPC Staff will: (1) issue a CNE or a report to the applicant within five business days of receipt of a complete application; and (2) perforate all drawings accompanying such application to indicate approval thereof. (Amended City Record 12/20/2018, eff. 1/19/2019; amended City Record 7/20/2023, eff. 8/19/2023)

63 RCNY § 2-33 Effect of Failure to Meet Conditions for an Expedited Review.

§ 2-33 Effect of Failure to Meet Conditions for an Expedited Review. The Landmarks Preservation Commission shall notify any applicant who has requested an expedited review of his or her application under these rules of the reason for their failure to satisfy the conditions for expedited review.

63 RCNY § 2-34 Remedies for False Statements and Procedures for Action.

§ 2-34 Remedies for False Statements and Procedures for Action. (a) Grounds for action. (1) The Chair of the Landmarks Preservation Commission may exclude any architect or engineer from the procedures for expedited review of applications if the Chair of the Landmarks Preservation Commission finds that: (i) In connection with the Landmarks Preservation Commission expedited review form described in 63 RCNY § 2-32(c)(1) the architect or engineer has: (A) knowingly or negligently made any false or misleading statement; or (B) knowingly or negligently omitted a statement or failed to state a material fact; or (C) knowingly or negligently falsified or allowed to be falsified any fact; or (D) willfully induced another person to do any of the above; or (ii) A Summons, a previously issued Notice of Violation, or "Notice to Stop Work" has been issued by the Landmarks Preservation Commission against work performed pursuant to any plans, prepared by or under the supervision of such architect or engineer, and such architect or engineer knew, or had reason to know, that the work performed pursuant to such application, plan, certification, or report was not carried out in accordance with approved plans or exceeded the scope of such approved plans and such architect or engineer failed to act to stop such work and/or correct such work. (2) The powers, rights and remedies of the Landmarks Preservation Commission set forth in this 63 RCNY § 2-34(a) are non-exclusive and will not be deemed to limit or supersede any other power, right or remedy of the Landmarks Preservation Commission. (b) Procedures. (1) Written notice of a preliminary determination, together with the basis for such action to exclude from expedited review must be served on the Architect or Engineer of record pursuant to the provisions of New York State Civil Practice Law and Rules § 308. (2) The Architect or Engineer notified under 63 RCNY § 2-34(b)(1) will be entitled to, and scheduled for, a hearing on the preliminary determination in accordance with 63 RCNY § 2-34(c) if written objection to the preliminary determination and the grounds for such objection are submitted to the Chair of the Landmarks Preservation Commission within fifteen (15) days after the date that the notice of preliminary determination is served. (3) If no hearing is requested pursuant to 63 RCNY § 2-34(b)(2) above, the preliminary determination of the Chair of the Landmarks Preservation Commission will be deemed confirmed and will become final and effective on the sixteenth 16th day after the preliminary notice of determination is served. (4) If after a hearing in accordance with 63 RCNY § 2-34(c), the Chair of the Landmarks Preservation Commission confirms the preliminary determination, the Chair must notify the Architect or Engineer of such decision and such notice must include a written statement indicating the reason for his or her determination. (5) On or after the effective date of the final determination to exclude an Architect or Engineer from participation in expedited review procedures all of the plans prepared by or under the supervision of such Architect or Engineer must be subject to full review by the Landmarks Preservation Commission. (c) Hearing. (1) Any hearing described in 63 RCNY § 2-34(b)(2) will be held at, and conducted by the Office of Administrative Trials and Hearings in accordance with their rules and procedures. (2) The Architect or Engineer may be represented by counsel and may present evidence in his or her behalf. A transcribed or tape-recorded record must be kept of the hearing. (3) The Chair of the Landmarks Preservation Commission must notify the respondent of the final determination within ten (10) days after the receipt of the findings of fact from the Office of Administrative Trials and Hearings on such matters. The determination of the Landmarks Preservation Commission must be supported by substantial evidence. (d) Review of Determination. At the expiration of two (2) years from the date of the initial determination to exclude an Architect or Engineer from participation in the procedures for expedited review of applications, and at intervals of no more than six months thereafter, upon request of the Architect or Engineer, the Chair of the Landmarks Preservation Commission must reexamine such determination. If the Architect or Engineer has not committed any of the acts described in clause (2) of 63 RCNY § 2-34(a) above during such period, the Chair of the Landmarks Preservation Commission may rescind such determination. (Amended City Record 12/20/2018, eff. 1/19/2019)

63 RCNY § 2-35 Miscellaneous. [Repealed] (Repealed City Record 12/20/2018, eff. 1/19/2019)

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/NYCrules/0-0-0-90341Fetched: 10/24/2026