Alphabet Soup: Part Two: A Guide to New York City Agencies Used By Real Estate Professionals

Posted over 5 years ago. Applies to New York, NY, 2 helpful votes

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1

DOHMH - NYC Department of Health and Mental Hygiene

Where do you go in there is a food court or pool in your building? The permits and regulations are with the City Department of Health and Mental Hygiene Providing the following services: Calorie Posting ; * Food Protection Certificate; * Food Protection Course for Mobile Vendors * Food Service Establishment Permit [H25]; * (Temporary H03); * Non-Retail Food Processing Establishment Permit [H26] * Permit to Manufacture Frozen Desserts - Retail [H22] * Permit to Manufacture Frozen Desserts - Wholesale [H21] * Temporary Food Service Establishment Permit [H15]; * Smoke Free Air Act *Pools * Bathing Establishment with Pool ; * Pool Operator's Course For additional information access: http://www.nyc.gov/html/doh/html/permit/license_permit2.shtml#food

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DSNY - Department of Sanitation--New York

This agency is responsible for trash and solid waste collection. The agency can also ticket buiding owners for violations of the sanitation code. For further information, access http://www.nyc.gov/html/dsny/html/rules_reg/rules_reg.shtml

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Department of City Planning and The Department of Buildings

The Dept. of City Planning provides zoning maps: seehttp://www.nyc.gov/html/dcp/html/zone/zonehis.shtml Zoning Enforcement is done by the Dept. of Buildings which has enforces Zoning Resolution and for interpreting its provisions. the Dept. * Grants applications for building permits when the provisions of the Zoning Resolution, the Building Code and other applicable laws are met; * Reviews and grants applications for certificates of occupancy, allowing legal occupancy of new or altered structures; * Interprets the provisions of the Zoning Resolution, subject to appeal to the BSA, and promulgates procedures and guidelines for its administration; * Orders the remedy of zoning violations and, as appropriate, prosecutes violations at the Environmental Control Board and, with the NYC Law Department, before the courts; and * Maintains public records of all building permits, certificates of occupancy, inspections, violations etc.

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CPC City Planning Commisison Zoning Modifications

Zoning Modifications and Waivers- CPC Authorizations Under circumstances specified in the Zoning Resolution, the City Planning Commission may, at its discretion and by resolution at a public meeting, modify certain zoning requirements for a particular development provided that specific findings have been satisfied. For example, lot coverage controls in the Special Hillsides District may be modified if the CPC finds that development would not be possible without the modification, that preservation of hillsides having aesthetic value would be assured, and that the modification would not impair the natural topography, drainage or essential character of the area. Authorizations do not require public hearings and are not subject to ULURP, but are informally referred to affected community boards for comment. CPC Special Permits As specified in the Zoning Resolution and subject to satisfaction of specified findings, the City Planning Commission may grant special permits modifying use.

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BSA - Bureau of Standards and Appeals

BSA Special Permits The Board of Standards and Appeals may grant special permits for modification of certain zoning regulations which are generally more limited in scope or impact than those reviewed by the City Planning Commission. The modifications must satisfy findings spelled out in the Zoning resolution and may include, for example: limited expansion of a building into a district where it would not otherwise be permitted; limited enlargement or conversion of a building to a size not otherwise permitted; or adjustment of off-street parking requirements. Special permits granted by BSA are referred for comment to affected community boards but are not subject to ULURP or City Council review. BSA Variances When development of a particular parcel of land pursuant to zoning would be impractical or cause the owner undue hardship, the Board of Standards and Appeals may grant a variance from use and bulk provisions to the extent necessary to permit a reasonable use of the parcel.

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BSA Variances--Required Findings of Fact

In order to grant a variance, the BSA must find that: * The practical difficulty or unnecessary hardship is caused by unique physical circumstances; * The practical difficulty or hardship was not caused by the property owner or his predecessors; * A variance is necessary to realize a reasonable return (except in the case of a non-profit applicant); * The essential character of the neighborhood will not be altered, use of adjacent property will not be substantially impaired, and public welfare will not be detrimentally affected; and * The variance given is the minimum necessary to provide relief. For further information access http://www.nyc.gov/html/bsa/html/home/home.shtml

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When to use a NYC Lawyer

The real estate professional uses many qualified people to navigate this confusion of Alphabet Soup. One professional that can provide guidance and defense from a variety of rules, regulations and violations is a lawyer familiar with NYC and its laws. This is especially necessary when litigation or excessive fines are imposed.

Additional Resources

You might benefit from reading my legal guide on NYC Alphabet Soup- Part One and my legal guide on the Division of Housing and Community Renewal (DHCR)

Link to NYC Agencies

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