In response to a recent highly publicized court case related to a new development on the Upper West Side of Manhattan, the DOB just released Buildings Bulletin 2020-003, which clarifies the relationship between zoning lot and tax lot boundaries.
The long-standing May 18, 1978, Departmental Memorandum from then Acting DOB Commissioner Irving E. Minkin, P.E. has been partially superseded to clarify that “a zoning lot may not consist of parts of tax lots unless a permit has been issued in reliance on such zoning lot prior to the date of issuance of this bulletin” [May 2, 2020]. As such, for all new permit applications, the zoning lot boundaries must coincide with tax lot lines.
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