Court of Appeals Upholds Privatization of Interior Landmark

The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access? In Save America's Clocks, Inc. v. City of New York, NYLJ 3/29/19, p. 25., col. 1., a divided Court of Appeals answered "yes."

The Landmarks Law

In 1973, an amendment to the Landmarks Preservation Law authorized the LPC to designate as an interior landmark "[a]n interior, or part thereof, any part of which is thirty years old or older, and which is customarily open or accessible to the public, or to which the public is customarily invited, and which has a special historical or aesthetic interest or value." (New York City Administrative Code, section 25-302[m]).

The Designation and the Application

In 1987, the LPC designated 346 Broadway, a building designed by McKim, Mead & White and completed in the 1890s, as a landmark. The LPC designated some of the building's features as interior landmarks. In particular, the LPC designated the clock tower, a large mechanical clock driven by a 1,000 pound weight which strikes the hours with a hammer and a 5,000 pound bell. In total, the LPC landmarked 20,000 square feet out of the building's total interior space of 420,000 square feet. At the time of the designation, the City of New York owned the building, but the city sold the building to a private developer in 2013. The developer sought to convert the building into private residences, one of which would encompass the clock tower.