Local Law 58/57 Waiver - Has anyone ever applied for accessibility waiver

As I understand it, approval of a waiver must be based upon a specific finding that compliance with the requirements of Local Law 58/87 would: 1\. create an undue economic burden; or 2\. not achieve its intended objective; or 3\. be physically or legally impossible; or 4\. be unnecessary in light of alternatives which insure the achievement of the intended objective or which, without a loss in the level of safety, achieve the intended objective more efficiently, effectively or economically; or 5\. entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the Code. In my situation, it appears that the only finding that would support such a waiver is finding #4\. Have you ever seen scenarios like mine successfully applying for such waivers? I can see DOB being unable to reject waivers for findings #3, but I am concerned that DOB may not want to engage in the thought/analysis for the other categories.

Guest User | 9 years and 7 months ago

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Guest User | 9 years and 7 months ago

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We purchased a pre-war coop. It was originally a 2 bed and 2 bath (if you include maids room and bath). The original maid’s bath was about 4.1 x 8\. Later, the maid’s room bath was converted to a 4.1ft x 2.5ft powder room. We want to restore the powder room back to a bathroom. I understand accessibility law requires that the bath be at least 5ft 9″ depth. and that the drawings on the MOPD websites no longer apply. http://www.nyc.gov/html/mopd/downloads/pdf/photoone.pdf I know govt is illogical, but I can’t believe it is better to keep a minuscule powder room than create an 8 x 4 or 8 x 5 bathroom. Do you think it is worth requesting a waiver?

arch111 | 9 years and 7 months ago

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We have received waivers, takes about a month to hear a decision. http://nyc-dob.com