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 … <Read More>
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REBNY Challenges Department of State’s Memo Prohibiting Broker’s Fees
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 … <Read More>
Williamsburg Domino Sugar Project Survives Appellate Court Challenge
Community coalition failed to stop 11-acre mixed-use development at Domino Sugar Refinery site along Williamsburg waterfront. CPC Resources proposed to develop a 2,200-unit mixed-use project on the Domino plant site. The 11.2-acre site includes two parcels of land. The first is located along the East River between Grand and South 5th Streets, bordered to the east by Kent Avenue. The second, smaller parcel is bounded by South 3rd and South 4th Streets and Wythe and … <Read More>
Court reverses variance challenge
Red Hook Chamber of Commerce sued BSA and City but failed to name owner. In 2003, BSA granted a use variance to 160 Imlay Real Estate LLC to convert a vacant six-story industrial building into 150 luxury condominiums. The Red Hook-Gowanus Chamber of Commerce then filed an Article 78 suit to annul the variance, but failed to include Imlay as a party within the allotted time.
The Supreme Court allowed the case to move forward … <Read More>
Tenants stop eviction from M-1-zoned building
Owner tries to evict tenants based on zoning while seeking to convert building to residential use. Amy Kreiling and Roy Williams leased a studio unit from Thames Realty, owner of a loft building located within a manufacturing zoning district in Williamsburg, Brooklyn. Although the lease limited their use to business purposes, the tenants used the unit as their residence. Five years into the tenancy, Thames notified them that it wished to terminate the lease. When … <Read More>
Challenge to use variance moves forward
Neighborhood coalition challenged variance to developer of site adjacent to Brooklyn Cruise Ship Terminal. In late 2003, when 160 Imlay Street LLC received a use variance to convert a six-story industrial building in Red Hook, Brooklyn into a luxury condominium, the Red Hook-Gowanus Chamber of Commerce filed an article 78 petition challenging the variance. The Chamber, however, named only BSA in its petition and as a result the petition has been appealed all the way … <Read More>