Demolition of any LPC-designated landmark or building in a historic district requires either a Certificate of Appropriateness or a hardship finding under Administrative Code section 25-309, with a minimum 60-day public review window.
Under Admin Code section 25-309 LPC may issue a Certificate of Appropriateness authorizing demolition only when the work meets the 1965 statute's preservation purposes. Section 25-309(a)(1)(b) provides a hardship pathway: owners must show the property cannot earn a six-percent return on assessed value through any reasonable use. LPC must hold a public hearing within 60 days of complete application and may impose up to a 12-month stay to find a buyer or alternative. Section 25-313 lets the city acquire landmarks by eminent domain to prevent demolition. DOB cannot issue a demolition permit under Admin Code section 28-105.4.4 without an LPC sign-off and asbestos abatement clearance per 15 RCNY chapter 1.
Unauthorized demolition violates Admin Code 25-317.1 with penalties of three times the work value, up to $25,000 per day per willful violation. Owners may lose RPTL 421-a tax abatements and face misdemeanor charges with up to one year jail.
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