Ok. I read through the zoning laws as best I could. I definitely got caught up in some of the wording (I regularly read through Congressional bills, but this is just DENSE). This seems to be the pertinent section of the law:
23-132
Balconies in R6 through R10 Districts
R6 R7 R8 R9 R10
In the districts indicated, balconies may project into or over
any required open area within a #publicly accessible open area#,
a #rear yard#, an #initial setback distance#, any open areas not
occupied by towers, any required side or rear setbacks, or any
required #open space#, provided that such balcony shall:
(a) not project by a distance greater than seven feet as
measured from the plane surface of the #building # wall from
which it projects;
(b) not project into the minimum required distance between
#buildings # on the same #zoning lot#;
(c) not cover more than ten percent of the area designated as
outdoor recreation space pursuant to Section 28-30
(RECREATION SPACE AND PLANTING AREAS); (my note: this does not seem applicable)
(d) be unenclosed except for a parapet not exceeding 3 feet, 8
inches in height or a railing not less than 50 percent open
and not exceeding 4 feet, 6 inches in height. However, such
balconies may be recessed into a #building # wall up to a
maximum depth of six feet provided that at least 33 percent
of the perimeter of such balcony is unenclosed except for a
parapet or railing;
(e) be located at or higher than the floor level of the third
#story # of a #building # or at least 20 feet above #curb
level#, except that for #buildings # containing #residences #
not more than 32 feet in height, such balcony may be located
at or higher than the floor level of the second #story #
provided that such balcony is located not lower than seven
feet above #curb level# or seven feet above natural grade,
whichever is higher; and
(f) have an aggregate width, at the level of any #story #, not
exceeding 50 percent of the width at that level of the plane
surface of the #building # wall from which it projects.
By my reading, my neighbor’s building may be in violation of the last article (f) and possibly article (d). Assuming that I am correct, what is my next legal step? My first thought is to call 311 , NYC’s information and public service line. Is getting in touch with my landlord’s neighbor a better way to handle it? I’ve never been in this situation before.