Land Use & Zoning

In New York, a 'deed restriction' prohibiting use of a residential lot for commercial purposes is an example of a private land use control that:

AIs the same as a zoning ordinance
BExists independently of and in addition to public zoning controls — if the deed restriction is more restrictive than zoning, the more restrictive control governs✓ Correct
CSupersedes all zoning ordinances
DCan only be enforced by local government

Explanation

In New York, private deed restrictions and public zoning ordinances operate independently. When both apply to the same property, the more restrictive of the two controls.

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