Does a property require parking?

My father owns a house and it’s almost considered historic. Up until a few years ago a driveway was shared with the next door house, then a company tore the house down and took the driveway away saying it was part of their property. The house is a 4 unit rental and the street has no parking signs and no where to park for blocks. Isn’t there a requirement for properties to have parking somewhere? We asked the city for parking passes for the street but they want each tenant to pay a monthly fee for them to not receive tickets, which they still occasionally still get by mistake.

Asked on February 19, 2019 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, there is no legal requirement for a property (real estate) to have parking--and certainly, we have all seen real estate that does not come with parking. The city does not need to let you or your tenants have a parking spot, and can charge for parking permits or the equivalent. (Note: if zoning or municipal housing/building regulations require parking, that puts the onus or obligation on the property owner to create parking; it does not require the municipality to provide parking to the property owner.)
It would be a good idea to have the property properly surveyed, to see if perhaps the driveway was in part or whole yours.


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