DOB Declares Partial Tax Lots Illegal

New Bulletin Issued in the Wake of 200 Amsterdam Decision

On Monday, March 2, the New York City Department of Buildings (DOB) issued a bulletin clarifying that a newly formed zoning lot may not consist of parts of tax lots.

The merger of partial tax lots is the topic at stake in MAS’s Article 78 lawsuit against 200 Amsterdam Avenue, in which we argued that the building’s 39-sided lot is in violation of zoning and should never have been approved by DOB. The bulletin follows the filing of New York State Supreme Court Justice W. Franc Perry’s decision in the case, in which he sided with MAS and co-plaintiffs CFESD, striking down the project’s gerrymandered zoning lot and ordering the demolition of nearly half of the building.

Statement from Elizabeth Goldstein, President of MAS

“We applaud the New York City Department of Buildings (DOB) for recognizing the illegality of partial tax lots.  The merger of partial tax lots is and always has been a direct violation of the Zoning Resolution and it is gratifying to see this loophole closed. However, Justice Perry’s decision clearly ordered DOB to go further: the City must revoke the building permit for 200 Amsterdam itself.”