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Air rights over townhouses

Started by Aael921
almost 11 years ago
Posts: 131
Member since: Jan 2013
Discussion about
Looking at a building that looks out over NYCHA and private use townhouses. It's quite a nice view currently as the unit clears the townhouses. Is there a way to evaluate the possibility that there could be development on top of these townhouses, thus obstructing the open view? Thank you.
Response by NWT
almost 11 years ago
Posts: 6643
Member since: Sep 2008

See http://www.nyc.gov/html/dcp/html/subcats/zoning.shtml. Also check ACRIS for each house to find out whether they've sold their development rights to an adjoining property.

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Response by dan@digsrealtynyc.com
almost 11 years ago
Posts: 114
Member since: May 2012

As part of your due diligence, you can engage a land use/zoning attorney to give you clarity on the issue. It might be worth an extra couple hundred dollars to get some piece of mind before spending a lot more on the purchase.

It is also a good idea to check if the townhouses are in a historic district: http://www.nyc.gov/html/lpc/html/manuals/historic_district.shtml. Generally speaking, if a townhouse in a historic district has unused development rights, LPC will not permit anything to be built on top that would be visible from the street.

Really though, a land use/zoning attorney is the best way to get comfortable about the likelihood of view-blocking development. I used to work in this space and can refer you to someone good if you’d like.

Good luck!

Dan Gotlieb
Digs Realty Group
www.digsrealtynyc.com

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Response by Aael921
almost 11 years ago
Posts: 131
Member since: Jan 2013

Thank you both. This is helpful.

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Response by FreebirdNYC
almost 11 years ago
Posts: 337
Member since: Jun 2007

Also unless you're on a river or the park... buy assuming you may lose your view.

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