Record-Setting UES Penthouse Plan Just Too Tall, Neighbors Say

UPPER EAST SIDE, NY — A planned penthouse on Madison Avenue that recently sold for a whopping $89.5 million is now under city evaluation after a zoning challenge was filed by East Siders who say the plans for the condo exceed legal height limits, the Department of Buildings told Patch.

The zoning challenge, which was filed by attorney Caroline Harris on behalf of an anonymous Upper East Side client, argues that the top floor of the penthouse triplex at 1122 Madison Ave. near East 84th Street — which set a record for the most expensive condo ever sold on the Upper East Side — is over the height limit for residential space.

At a Community Board 8 meeting on Tuesday, Harris said her firm, Goldman Harris, submitted a legal challenge that argues the top floor of the condo goes over the legal 235-foot limit.

Under New York City's applicable zoning rules, any space above 235 feet is limited to certain "permitted obstructions," like mechanical equipment, stairwells and elevator bulkheads, but not livable apartment space.

Plans filed with the city's Department of Buildings show the disputed level includes the apartment's top floor space, an internal staircase and access to large terraces, and is listed as part of the triplex penthouse.

"The Proposed Building is not zoning compliant," the official zoning challenge filing reads.

The challenge also argues that two bulkheads are planned to be built too close to the edge of the building, and need to be further set back from the perimeter.

"In light of these non-compliances, we request the Department to revoke the zoning approval of the Proposed Building. In addition, we request the Department to revoke any permits that have been issued by the Department for the Proposed Buildings’ construction and not issue any others," the zoning challenge reads.

The Department of Buildings told Patch it received the zoning challenge from Goldman Harris and said it is currently reviewing the claims before issuing an official determination.

DOB officials noted that zoning challenges are a standard part of the city’s development process, triggered when new or revised zoning diagrams are filed.

The agency reviews each challenge during a formal window that allows public scrutiny of proposed changes.

As of Thursday, the building’s construction permits remain active, with the main permit issued in July 2025 and valid through July 2026, according to DOB.

Nahla Capital, the developer of the building, did not respond to a request for comment.

For questions, email Miranda.Levingston@Patch.com.