Board of Standards and Appeals311Search all NYC.gov websites
About
Mission
The New York City Board of Standards and Appeals (“BSA” or “Board”) is an independent, expert Board created to decide requests and resolve disputes about zoning and land use issues. In carrying out its mission, BSA helps to uphold the constitutionality of the Zoning Resolution and the rights of New Yorkers by serving as a “relief valve” for properties that are uniquely restricted by zoning and land use rules, and by issuing decisions that consider the needs of both owners and neighbors. The Board also protects New Yorkers by interpreting decisions of certain land use enforcement agencies, including the Department of Buildings (“DOB”) and the Fire Department (“FDNY”), and ensuring that these agencies correctly apply the City’s zoning, construction, and fire codes.
Composition and Expertise
The Board consists of five commissioners, including a Chair and a Vice-Chair. The City Charter also requires the commissioners to be experienced experts in the field: there must be a registered architect, a licensed professional engineer, and a professional city planner, each with at least ten years of experience. BSA’s staff is led by the Executive Director and includes project management, environmental review, administrative, and legal staff, who assist the Board in carrying out its mission.
The Board’s expertise is recognized by the courts, which apply deference to the Board’s decisions. As stated by the New York State Court of Appeals in the seminal case Toys R Us v. Silva, the Board “is comprised of five experts in land use and planning [and] is the ultimate administrative authority charged with enforcing the Zoning Resolution. Consequently, in questions relating to its expertise, the BSA’s interpretation of the statute’s terms must be given great weight and judicial deference.” 89 N.Y.2d 411, 418 (1996).
Authority
» Variances and Special Permits. To carry out its mission, the Board, with guidance and assistance from staff, has the power to review and decide applications on the Board’s Zoning Calendar (“BZ Calendar”) for variances and special permits that modify certain zoning and land use rules for properties that suffer from uniquely challenging conditions (called “hardship”) and/or satisfy other legal requirements or prerequisites (called “findings”). Variances, in particular, may approve modifications to any provision of the Zoning Resolution, and may be granted only if the Board finds that the “five findings” of Zoning Resolution (“Z.R.”) § 72-21, including hardship, are met. Special permits, in contrast, only modify specific provisions of the Zoning Resolution and have specific findings depending on the purpose of the particular special permit. There are various special permits for different purposes, including use, bulk, parking, and other zoning matters.
» Appeals. The Board also has the authority to decide appeals from most types of DOB and FDNY decisions on its Appeals Calendar, called interpretive appeals. Other cases that the Board decides on its Appeals Calendar include NYC Building Code Appendix G variances to modify flood-safety regulations for properties that meet a series of stringent findings; modifications to certain New York State land use laws, including light-and-air requirements of the Multiple Dwelling Law and rules related to the location of properties in relation to streets under the General City Law. On the Appeals Calendar, the Board also considers common law (i.e., judge-made law) vested rights applications to continue construction under prior zoning rules where such rules have been modified, superseded, or eliminated by an amendment to the Zoning Resolution. Note that the Board also decides some vested rights applications as authorized by specific provisions of the Zoning Resolution (instead of the common law)—these are called statutory vested rights cases, which the Board hears on its BZY Calendar.
» Modifications & staff-level requests. For properties that are already under the Board’s jurisdiction (i.e., sites that have previously received an approval from the Board), the Board reviews and decides applications to modify the approvals’ terms and conditions. These include applications for amendments, extensions of term, extensions of time to complete construction and/or obtain a certificate of occupancy, and other actions. Modifications of cases that originally received a variance or special permit are filed on the Board’s Special Order Calendar (“SOC”), while modifications of cases that were granted on the Appeals Calendar are filed on the Appeals Calendar. The Board’s staff, with consultation of the Chair and Vice-Chair, also decides requests for minor modifications to prior grants. These minor, staff-level approvals include letters of substantial compliance (“LSC”) and letters of no objection (“LNO”). When deciding staff-level requests, the Board’s Chair and staff also consider whether to grant requests for pre-filing informational meetings.
Other Duties
After the Board votes to close a case and decides whether to grant, deny, or dismiss the application, the Board’s attorneys—consisting of the General Counsel, Deputy Counsel, and Assistant Counsel— draft and issue a written resolution documenting the Board’s decision. Decisions on staff-level requests are provided by the appropriate letter or by direct communication (i.e., phone call or email).
In addition to deciding applications, the Board drafts and implements the Board’s Rules of Practice and Procedures (“the Board’s Rules”), holds public hearings in accordance with the Board’s Rules and the Open Meetings Law, requires notice to be sent to affected members of the public and governmental officials concerning pending applications, and reviews environmental impacts as required by New York State and New York City environmental review laws.
Other duties of the Board and its staff include processing application materials and payments; answering inquiries about the Board and other relevant zoning and land use issues; publishing the Board’s annual Bulletin; updating the Board’s website; responding to Freedom of Information Law and other records requests; and working with other governmental entities on initiatives to improve the operations of the Board and implement intergovernmental projects, such as the recently enacted Green Fast Track and City of Yes for Economic Opportunity.
Questions?
Questions about the Board, its authority, and its duties may be directed to the Board’s general number 212-386-0009, to speak with the appropriate staff member.