I.    Executing or Waiving/Subordinating Restrictive Declaration

• All fee owners must execute a Restrictive Declaration 
• The following form waiver/subordination, ( Download Waiver/Subordination Form), is to be used by mortgagees that are parties-in-interest but are not executing a Restrictive Declaration. 

II.    Requirements for plans attached as exhibits

• The plans attached as an exhibit must be signed and sealed. 
• The plans attached as an exhibit must be legible in a reduced format (8 ½ x 11 or 8 ½ x 14.)  If not fully legible at this reduced size, larger plans must be segmented onto 8 ½ x 11 or 8 ½ x 14 pages. 
• Segmented plans should show overlap along the common edges.
• A segmented plan need only be signed and sealed on one page.  Each page of the exhibit with the segmented plans should contain the following notation: Exhibit B, [plan number], page 1 of X, 2 of X, etc. (where X is the total number of pages in the plan.)

III.        Recording

A.        In Manhattan, Bronx, Brooklyn and Queens:

• DCP must receive for review and sign-off, prior to recordation, two original versions of the fully executed Restrictive Declaration, Notice of Restrictions or Notice of Certification, including Exhibits.  One of the originals will be returned to the applicant’s representative following approval for recordation, and the other will be retained by DCP.   
• Record Restrictive Declaration, Notice of Restrictions or Notice of Certification at the Office of the City Register in the Borough in which the property is located. 
• All Restrictive Declarations, Notices of Restrictions and Notices of Certification must be filed as a "Sundry Miscellaneous" document type.

B.         In Staten Island:

• DCP must receive for review and sign-off, prior to recordation, two original versions of the fully executed Restrictive Declaration, Notice of Restrictions or Notice of Certification, including Exhibits.  One of the originals will be returned to the applicant’s representative following approval for recordation, and the other will be retained by DCP. 
• Record Restrictive Declarations and Notices of Restrictions at the Office of the Richmond County Clerk. 
• Restrictive Declarations must be filed as a "Declaration" document type.
• Notices of Restrictions must be filed as a "Notice" document type.

IV.       Proof of recordation

A.         All documentation should be submitted directly to Counsel's Office, to the attention of the assigned attorney for the application.

B.         In Manhattan, Bronx, Brooklyn and Queens, please submit the following:

• Three copies of the recorded document
• One original Affidavit of Delivery ( Download Affidavit of Delivery)
• Each copy of the recorded document should be accompanied by copies of the:
• ACRIS Recording and Endorsement Cover Page
• ACRIS payment cover page
• payment receipt

C.        In Staten Island, please submit the following:

• One Certified copy of the recorded document, certified by the Richmond County Clerk with a multicolor stamp and raised seal.
• Two additional copies of the Certified document.
• Three copies of the recording "cover page".  If more than 1 tax lot is affected, also provide the "index page." The index page includes all of the tax lots against which the document was recorded.  View a sample index page.