What a landmark designation actually restricts

It means your building has special historical, cultural, or aesthetic value to the City of New York, state or nation, is an important part of the City's heritage and that LPC must approve in advance any alteration, reconstruction, demolition, or new construction affecting the designated building.

Approve in advance. The designation does not tell you what you may build; it tells you who you have to ask before building it.

No. Landmark designation does not "freeze" a building or an area. Alterations, demolition, and new construction continue to take place, but LPC must review the proposed changes and determine whether they are appropriate.

The agency's answer to its own question about whether designation prevents all change. Appropriateness is the standard, and the Commission has approved new buildings on empty lots inside historic districts when the design fit.

Historic districts are collections of landmark buildings that, together, create a distinct sense of place. Individual landmarks are standalone structures that have architectural, cultural, or historical significance. The regulatory process is the same for historic districts and individual landmarks, although certain features and sites may be identified as significant at the time of designation.

A brownstone in a historic district and a famous individual landmark answer to the same rulebook. A building inside a district carries the full designation.

The agency does not regulate the floor area of buildings, obstruction of sunlight or air, density of population, or the purposes for which buildings are used. These matters are under the jurisdiction of the Department of City Planning.

Use is zoning's business. A landmarked bank can become a drugstore and a landmarked church can become apartments; the Commission reviews the storefront and the windows, and zoning handles the rest.

Interior work generally does not require LPC review, except in the following cases: when the work requires a permit from the Buildings Department; or when work on the interior affects the exterior; or when the interior has been designated by the Landmarks Commission as an interior landmark.

Kitchens, bathrooms, and floor plans are yours, unless the Buildings Department needs to sign off, the work shows from the street, or the interior itself is a landmark, which is a separate designation.

The Commission cannot make you do work on your building, and only reviews work when changes are proposed. For example, if prior to designation the stoop was removed and a ground-level entrance installed, the Commission cannot make you replace the stoop.

Nothing in a designation orders a restoration. The missing stoop stays missing until you decide to put it back, at which point the Commission gets a say in how.

You will not be asked to alter your design to make it look "old-fashioned." If you want to put in new windows, for example, you will not be asked to install multi-paned wooden windows if they did not exist in the building when it was constructed.

You do not need a permit from the Landmarks Commission to perform ordinary repairs or maintenance chores. For example, you do not need a permit to replace broken window glass, repaint a building exterior to match the existing color, or caulk around windows and doors.

Match the existing color is the operative phrase. A new color is a Type B violation if done without a permit, which the enforcement page prices at up to $500.

Most exterior changes to the front and rear facades of buildings in historic districts require review by LPC.

Rear facades too, which surprises people planning a back extension. A backyard addition can be a Type A matter.

In general, there are three things you're required to do as the owner of landmarked property: obtain prior approval from LPC before starting work; follow and abide by all permits and other conditions required by LPC; keep the building in a "state of good repair," ensuring it is protected from the elements.

The law protects landmarks from "demolition by neglect," which occurs when buildings have deteriorated to the point of collapse or where significant architectural features are damaged. To prevent demolition by neglect, the Landmarks Law requires that designated properties be kept in good repair.

The one affirmative duty. Letting a landmark rot until it has to come down is itself a violation, which closes the obvious loophole.

This is the first formal step in the designation process. After a presentation by the Research Staff the full Commission votes at a public meeting whether to schedule ("calendar") a public hearing on the potential resource. A vote by a majority of the Commissioners present is required to calendar a resource.

Calendaring is the word that matters in the coverage. Once a building is calendared it is under consideration, and owners are notified before a formal review is planned.

Anyone may testify about a proposed designation before the full Commission. Notices of public hearings are published in the City Record and sent to the property owner, the Department of City Planning, and the affected community boards and elected officials.

The Commission then votes on designations at a public meeting. A vote by a majority of the Commissioners (six), is required to approve or deny a proposal for landmark or historic district designation.

Six of the full Commission, whatever the attendance that day, and the page adds that if six do not vote in favor the building comes off the calendar.

By law, landmark designation is effective upon the Commission's vote, and all rules and regulations of the Landmarks Law are applicable.

The protection starts the moment the vote is taken, before the Council weighs in.

The City Council has 120 days from the time of the LPC filing to modify or disapprove the designation. A majority vote is required. Council approval is not required.

The Council can undo a designation but does not have to bless one. Silence for 120 days is a yes. The mayor can veto the Council's vote within five days, and the Council can override with two-thirds within ten.

Yes. However, the Commission works hard to obtain owner support for its designations. When a building is designated, owners enter into a long-term partnership with the Commission. The partnership is strengthened when there is owner support.

The question was whether the Commission can designate a building over the owner's objection. It can.

No. The vast majority of individual landmarks and buildings in historic districts are privately owned.

The Commission issues a warning letter and, if the violation is not cured, a Notice of Violation (NOV). If the completed work complies with the Commission's regulations, the Commission will officially legalize the change and retroactively issue a permit.

Two grace periods before any fine, by design: the warning letter, then the chance to plead and cure before the hearing date. The enforcement page says the fines exist to deter violations rather than to raise revenue.

Type A violations include serious alterations to important architectural elements, such as cornices, stoops, windows, and storefronts; additionally, construction of rooftop or backyard additions may fit into this category. First-time type A violations are punishable by a fine of up to $5,000; if a second NOV is issued, there will be a fine of up to $250 per day, with a minimum fine of $5,000.

Type B violations include all other, less serious infractions, such as painting a façade a new color, replacing a single window, or installing a light, sign, flagpole, or banner. First-time Type B violations are punishable by a fine of up to $500; if a second NOV is issued, there will be a fine of up to $50 per day, with a minimum fine of $500.

The second notice is where it turns daily. Per-day fines run until the violation is cured, with no further grace period.

The Commission is authorized to order an owner, tenant, and/or contractor to immediately stop work. Violation of a Stop Work Order is punishable by a fine of up to $500 per day.

Yes. The most serious type of violation - the complete or partial demolition of a landmark without authorization - must be tried in civil court before a judge and jury.

Demolition is the one case the administrative court cannot handle. The page also notes criminal fines of $500 to $15,000 per day remain available.