Landmarking | Prospect Heights Historic District

The following questions may be of interest to property owners within the proposed Prospect Heights Historic District. Many of these questions (and their answers) come from a document prepared by the New York City Landmarks Preservation Commission for the Crown Heights North Historic district available at http://www.nyc.gov/html/lpc/downloads/pdf/pubs/crown_heights_north_faqs.pdf. Community members with other questions not answered here are welcome to contact us.


Why do we need historic designation in Prospect Heights?
Prospect Heights has a large number of contiguous blocks of mid- to late-19th century residential structures. The existence of such a large number of buildings from the same period of different architectural styles (especially along the commercial thoroughfare of Vanderbilt Avenue) makes Prospect Heights a unique neighborhood even in a borough of historic neighborhoods, and gives it a special sense of place. Many lots in Prospect Heights are also underbuilt relative to the allowable density under the current zoning. Prospect Heights does not enjoy the protection of historic designation (as do Park Slope, Boerum Hill, Fort Greene, Clinton Hill and now Crown Heights), so property owners and developers have an incentive to demolish historic buildings in order to build larger new buildings. Pressure to build at greater density will likely intensify if the Atlantic Yards project continues to proceed. Historic designation can therefore help protect the character of our neighborhood, and also limit the potential for overdevelopment.

I heard Community Board 8 is studying rezoning in our district. Will this make historic designation unneccessary?
No. Community Board 8 does not expect to change the current zoning of residential side streets in Prospect Heights. For this reason, CB8 recommends historic designation in Prospect Heights as part of its rezoning proposal.

Who supports historic designation for Prospect Heights?
The local initiative for the creation of a Prospect Heights historic district is supported by Community Board 8, Councilmember Letitia James, Assemblyman Hakeem Jeffries, Assemblywoman Joan Millman, State Senator Eric Adams, and Brooklyn Borough President Marty Markowitz.

Will designation prevent my property from being taken through eminent domain?
Landmark designation is provided under New York City law. Eminent domain is a power exercised under New York State law. Therefore, city landmark designation does not legally prevent taking of property under eminent domain. However, the state's use of eminent must be justified to be allowed. In the case of the Atlantic Yards project, the justification for the use of eminent domain was to remove supposed blight from the project site. It would likely be difficult to claim a neighborhood within a historic district is blighted. Further, historic designation includes regulations that are intended to prevent "demolition by neglect," making that much less likely that a historic district could be found to be blighted. Seen this way, historic designation may be a protection against the use of eminent domain to take property.

I want to sell my landmark building. Must I tell the Landmarks Commission?
No. Landmark designation places no restrictions on an owner's right to sell his or her property.

Is there any extra fee or tax associated with the sale of a home in a historic district?
No.

Does landmark designation raise my taxes?
No.

Does landmark designation lower my property value?
No. Inclusion in a historic district ensures that the buildings around yours will not be demolished or modified in ways that are unsympathetic to the neighborhood. A 2003 study by the New York City Independent Budget Office concluded: "Although prices for historic properties have at times increased less rapidly than for similar properties outside historic districts, overall price appreciation from 1975 through 2002 was greater for houses inside historical districts."

Will landmark designation prevent all alterations and new construction?
No. Landmark designation does not "freeze" a building or an area. Alterations, demolition, and new construction continue to take place, but the Landmarks Commission must review the proposed changes and find them to be appropriate to the architecture of the building and the historic district. This procedure helps ensure that the special qualities of the designated buildings and historic districts are not compromised or destroyed.

I'm concerned about the number and size of rear extensions being built in Prospect Heights, but I heard that historic designation only affects the front of a building. Is that true?
No. The Landmarks Commission regulates all changes to the exterior of a building, whether front, rear or rooftop.

I’d like to do repaint my front door and re-tar portions of my roof. Can I do this work without contacting the Commission?
Yes. Maintenance, such as replacing broken window glass, patching a flat roof, and repainting a building exterior to match the existing color, do not require the Commission’s approval. It’s a good idea to call the Commission if you are unsure whether or not work would require a permit.

I have air conditioning units in my windows. Can I install or remove them without a permit?
Yes. The Commission does not regulate the installation or removal of air-conditioning units that are installed simply by raising or lowering a window sash.

I’d like to plant some trees in my backyard and install new plantings in front of my building. Can I do this without a permit from the Commission?
Yes. The Landmarks Preservation Commission does not regulate ordinary landscaping activities such as pruning, planting of seasonal flower beds or vegetable gardens, or planting of ornamental shrubs or trees.

When do I need to get a permit for work on my building?
The Commission must approve in advance all work, whether restoration, alteration, reconstruction, demolition, or new construction, that affects the exterior appearance of any property within a historic district, even if a Department of Buildings permit is not needed for the proposed work. Commission staff reviews your proposal to evaluate the effect of the proposed changes on the architectural and historical character of your building and/or the historic district.

How do I get a permit from the Landmarks Commission?
The Commission uses a single application form for all types of work. The permit application forms are available on the Commission’s web site. Applications should include descriptive materials, including photographs and drawings and material samples where relevant, to explain and describe the existing condition of the building and the proposed work.

Can the Landmarks Commission make me restore my building to the way it looked years ago?
No. The Commission regulates proposed changes to a building. It does not make you do work on your building. For example, if prior to landmark designation the stoop was removed and a ground-level entrance installed, the Commission can not make you replace the stoop.

I am renovating my kitchen and bathroom. Do I need permits from the Commission for interior work?
The Commission only reviews interior work if it requires a Department of Buildings permit or affects the exterior of the building. If the work is purely interior, the Commission’s review is limited to confirming that there will be no effect on the exterior. If there is an effect, for example a vent for a new stove, the Commission will review the proposed location, size, and design of the vent.

We want to install outdoor lighting near our front door, in addition to other security measures. Do I need a permit?
Yes. The Commission staff regularly approves the installation of lighting, considering the design and placement of the lighting rather than its brightness, and other security measures.

A family member has a disability. Can I modify my house to accommodate her needs?
Yes. The Commission routinely reviews and approves lifts, railings, and ramps to accommodate handicap accessibility.

Is there funding available for work on my home?
Yes, in some circumstances a grant may be possible from the Landmarks Preservation Commission’s Historic Preservation Grant Program. This program is a federally funded program that provides grants for homeowners and non-profits to restore severely deteriorated facades. Grants generally range from $5,000 to $20,000 and pay for exterior repairs, primarily on the street façade. Eligible work may include, but is not limited to: masonry rebuilding and repointing, repair and replacement of windows and front doors, and cornice restoration. For residential buildings, owners or tenants must meet the federal limits for household income.

Inclusion in a historic district also provides eligibility for a homeowner to participate in the Federal Historic Preservation Tax Incentive Program. The program allows an owner of an eligible historic property to donate a historic preservation easement on the exterior of the property to a qualified charitable or governmental organization and, in connection with this donation, be eligible to claim a tax deduction in the amount of the easement value as determined by a qualified, independent appraiser. The National Architectural Trust can provide more information on the Federal Historic Preservation Tax Incentive Program.

Does the Commission require me to use specific contractors to do work on my building?
No.

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