Landmark Lessens Rights
To The Editor:

A recent letter to this paper, referring to the restrictions imposed on owners of landmarked properties, declared that "many people find this concept threatening". Perhaps the best explanation of why people feel threatened is found on the Landmarks Preservation Commission's Web site (www.nyc.gov/landmarks). A New York City Independent Budget Office report states, "Owners of buildings located in historic districts face a significant curtailment of property rights."

An examination of LPC's Web site reveals that the "exterior changes"- to which the letter refers and for which owners of landmarked properties must seek LPC's permission- are not confined to just expansions or radical structural changes, which might be supposed. In fact, any change to any detail of the building's exterior would come under LPC's control, including windows, doors, awnings, roofs, masonry walls (including pointing and cleaning), retaining walls, stoops, handrails, fences, sidewalks, through-wall air conditioners, lighting and even cosmetic items such as painting.

When requesting LPC's permission for exterior changes, homeowners must submit a written application, and they may be required to submit photographs, section drawings, elevation drawings, color and material samples. It appears that nowhere on LPC's Web site is there any mention of an appeals process, should the homeowner's request be denied.

Violations of LPC restrictions, if not resolved in a timely manner, are punishable by fines of up to $50 to $250 per day, with a minimum of $500 to $5,000. LPC Notices of Violation attached to a property may not only result in fines but, if uncorrected, "can be an obstacle for refinancing or selling".

Increases in property value are cited as an incentive for landmarking. However, homeowners should be aware of the consequent increase in property tax, which is based on property value.

When landmarking proponents cite the benefits, they should also be forthcoming about the drawbacks that will affect homeowners. In order to make an intelligent decision about the pursuit of landmark status, homeowners must be equally informed about its disadvantages.
George Thomas
Flushing