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PRESERVATION ISSUES
DEMOLITION LAWS

by Historic Districts Council

Dear Colleague:

Are you tired of fighting last-minute battles to save buildings when the bulldozer is in the front yard? Tired of last-ditch efforts to get buildings landmarked that should have been designated years ago? Sick of watching owners demolish their designated-landmark buildings through conscious neglect without being punished? The Historic Districts Council certainly is. We have recently worked closely with two City Council members to draft legislation that will help stem these losses. We want to provide a rational, systematic means that will give the Landmarks Preservation Commission time to review and evaluate all buildings over fifty years old that are proposed for demolition. In addition, we want to give the LPC a way to penalize owners who dangerously neglect their designated buildings. HDC hopes that your group will sign on as a supporter of the two bills that are now pending in City Council: the Demolition Delay Bill (Intro. 317) and the Demolition-by-Neglect Civil Penalties Bill (Intro. 403).

Council Member Michael McMahon from Staten Island introduced the Demolition Delay Bill and it now has 26 Council Members signed on as co-sponsors (representing a majority of the Council). The bill establishes a time-critical procedure mandating that the Department of Buildings forward all applications for the demolition of a building over fifty years old to the LPC for review. The Commission then has fifteen days to determine if the building is significant - if it is not, the demolition permit can be issued; if it appears to be significant, the LPC must hold a public hearing within thirty days to determine if the building should be "preferably preserved". Again, if it should not, the demolition permit can be issued. If it is to be preferably preserved, no demolition, construction, or alteration permits can be issued for one-year, during which time the LPC can proceed with its usual process of researching the building’s history, calendaring it for public hearing, holding the hearing, and officially designating the building if the Commissioners vote to do so. HDC thinks this will be a very effective tool to help find the hidden gems in our neighborhoods that are threatened by rampant development. HDC is the first to admit that not every building over fifty years old needs to be preserved, but many do and this bill establishes a means to save the truly worthy ones.

Council Member Tony Avella from Queens sponsored Intro. 403, which proposes to add demolition-by-neglect to the list of offenses in the existing LPC fines legislation. The bill provides for the assessment of civil penalties of up to the value of a property in cases where the owner’s negligence to take appropriate action leads to the significant deterioration or, ultimately, loss of a designated-landmark structure.

HDC is looking for your group’s support. Bills in City Council move forward through the legislative process only at the discretion of the Speaker. Having a majority of Council Members co-sponsor a bill is meaningless unless we get them motivated to go to the Speaker and aggressively pursue the bill’s passage - they need to hear from their constituents. HDC partners with over 125 groups throughout the city - together, we have a strong voice that delivers a strong message that we want City Council to hear. Please allow us to include your organization’s name on our growing list of community groups that support the effort to make these pending bills become law. It is critical that our representatives hear from the diverse range of groups and individuals that advocate for the preservation of the city’s priceless historic resources. Copies of the text of Intro. 317 and Intro. 403 are attached for your review.

Please let Simeon Bankoff (sbankoff@hdc.org) or Jay Platt (jplatt@hdc.org) know if HDC may include your organization’s name as a supporter of one or, we hope, both of these bills. We look forward to hearing from you.

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