41 East 11th Street. Image Credit: Google Maps
Commercial tenant claimed the 2019 Housing law required owners to provide a written notice of nonpayment of rent. The owner of a building located at 41 East 11th Street, Manhattan, filed a petition in Civil Court to evict its commercial tenant, Washington Square Institute, for non-payment of rent. The owner claimed rent in the amount of $240,007 for the period of August 2019 through October 2019, calculated at the monthly rent of $67,561. The owner moved for summary judgment. (read more…)
200 Amsterdam Avenue Rendering Image Credit: SJP Properties
Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York, won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit and compel the developers, SJP Properties and Mitsui Fudosan America, to remove the floors that exceed what is permitted under the Zoning Resolution.
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Screen Shot of Department of State’s Rent Law Memorandum. Click the image to view the full memorandum.
Real estate community in state of confusion over 2019 Rent laws. On February 10, 2020, the Real Estate Board of New York Inc. (“REBNY’”), the New York State Associations of Realtors (“NYSAR”) and a host of residential real estate brokerages were granted a temporary restraining order, blocking the New York State Department of State’s guidance on broker commissions. The TRO comes in conjunction with their Article 78 filing seeking to invalidate the memorandum’s entire section prohibiting landlord’s brokers from collecting commissions from prospective tenants.
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Proposed rezoning. Image credit: CPC.
City expected to appeal Judge’s decision invalidating the Inwood Rezoning. On December 10, 2019, Judge Verna L. Saunders of the New York State Supreme Court, New York county ruled in favor of the Northern Manhattan is Not For Sale’s Article 78 petition challenging the legality of the Inwood Rezoning. The rezoning was proposed by the city’s Economic Development Corporation and was set to up-zone 59 blocks in the Inwood neighborhood of Manhattan. Approval of the rezoning would permit property owners to build mixed-use commercial and residential developments up to thirty stories tall, where predominantly one to two story-buildings and warehouses previously existed. The plan also included nearly 1,600 new affordable housing units. Northern Manhattan is Not For Sale is an unincorporated association of individuals and organizations alleging the City failed to study the critical impacts of the rezoning before City Council approved the application on August 8, 2018. In large part Northern Manhattan is Not For Sale believes that the rezoning will displace longtime Inwood residents.
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99 Vandam Street
Loft Law prevents using bankruptcy as a tool to circumvent housing law. In 2002, Bridge Associates of Soho, Inc. (“Bridge Associates”) acquired 99 Vandam Street in the SoHo neighborhood of Manhattan. 99 Vandam is a seven-story residential loft building that has been governed by Article 7-C of the New York Multiple Dwelling Law (“Loft Law”) since approximately 1991. Loft Law governs the conversion of manufacturing and commercial use buildings to residential use buildings. The law generally requires landlords to bring buildings into conformity with the required laws and codes for residential occupancy. Since acquiring the once commercial building, Bridge Associates never received a certificate of occupancy for residential use, nor have they commenced the process to bring the property into compliance with the Loft Law.
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