Sue Golden presented on a panel hosted on May 17 by the New York City Bar Association, “Zoning Case Law: A Review of Three Recent Court Decisions Regarding the Rights Associated with Combined Zoning Lots That Include Multiple Tax Lots.” The presentation reviewed three recent New York Court decisions regarding interpretations of the NYC Zoning Resolution. These decisions focus on various aspects of merging zoning lots to create a combined zoning lot, and the respective rights of the different owners of the tax lots.
The issues discussed included whether a combined zoning lot is permitted to include a partial tax lot, the rights of parties in interest to the tax lots that are part of a combined zoning lot, and whether a rooftop garden amenity must be accessible to residents of every building on a combined zoning lot to satisfy residential open space requirements.