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Regulating Interior Landmarks
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America's Clocks, Inc. v. City of New York, 2017 WL 5969265, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it. The case appears likely to find its way to the Court of Appeals.
The Save the Clocks Case
In 1989, the LPC designated a mechanical clock located in a gallery at 346 Broadway as an interior landmark. At the time, the building was owned by the City of New York, and the clock was maintained by a city worker, who would wind, oil and maintain the clock, and who gave weekly tours to members of the public. In 2013, the city sold the building to a private owner with a plan to repurpose the building for a combination of retail and residential hotel uses, and a community facility used for a digital media arts center. The deed indicated that the purchase was subject to the 1989 notice of landmark designation.
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