Don't Let That Canopy Project Get You Tied Up in Red Tape

While the New York City Department of Buildings (DOB) approves canopy permits in a matter of weeks, it can take more than a year to win approval from the city’s Department of Transportation (DOT) – which is involved because a canopy’s supporting struts are embedded in the sidewalk and might impede foot traffic. And DOT’s personnel, say property managers and board members, offer little or no help and often make unreasonable demands.

“It’s become an issue not just with managing agents but with the canopy companies themselves,” says Meryl Sacks, director of management at Rudd Realty. “If it’s not a direct replacement, they don’t even want to do the job.”

“That doesn’t surprise me,” says Chris Henry, co-owner of Green Light Expediting, one of many companies that buildings hire to deal with city bureaucracy. “It can take so long for something that looks so simple. We’ve gotten gut renovations of entire buildings approved and permitted before getting a canopy approved and permitted.”

“At one point,” adds Dan Gulick, board president for 16 years at 111 Third Avenue, a 17-story building completed in 1958, “the DOT said, ‘You have to take down your [current canopy] before we can review your application, because your current one is not in compliance.’ [We said,] ‘What? It’s been [in place] for decades!’ But it’s no use arguing with the DOT.”

A spokeswoman for the DOT says that the agency is trying to deal with such complaints about red tape, asserting it had recently streamlined the permit-application process for installing and upgrading canopies by adding the permit to its online NYCStreets permit system. “By doing so,” the spokeswoman explains, “we have eliminated the need for customers to mail or physically hand in documents. DOT is looking to further streamline the process in the next few months by making improvements to the online system and making it easier to use.”

While your professionals will handle the myriad details involving canopies, it’s important for boards to understand the process. The first thing to know is the difference between a canopy and an awning. In municipal government-speak, an awning is a fixed or retractable cover over a doorway, window, or storefront that is attached solely to the building; a canopy, on the other hand, has struts embedded in the sidewalk to help hold the structure up.

The distinction is important since it determines which city agencies require approval. You need DOT and DOB approval for canopies, but for awnings you need a nod only from DOB.