Brooklyn, NY asked in Real Estate Law and Land Use & Zoning for New York

Q: Hi, The NYC DOB says my curb cut and home parking is illegal after 45 years.

I've lived in my home for 45yrs. When the home was purchased it already had a curb cut and a parking area at the front of the house. Suddenly the NYC DOB says the parking area is illegal(they considered it a front yard) and also the curb cut is illegal. I was giving a request for corrective action that should be done in a certain amount of weeks to change or repair the sitution, I have no money at the moment to re pair anything. How am I responsible when the parking area was probably there since the 1930s. I see many houses with the same layout. What can I do here?

1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
Answered
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Home Owner:

As best as I interpret the regulations a curb cut is an artifact of a legal driveway. If there is no driveway there should be no curb cut. Consult a zoning attorney familiar with dealing with the DOB in Brooklyn.

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