Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

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 … <Read More>


DCA Ruled Wrong on Posting Tenants’ Rights Sign

The Department of Consumer affairs charged a real estate broker with failing to post a sign alerting tenants of their rights. Arash Real Estate & Management Co is a residential and real estate broker located in Queens. In January 2013 the Department of Consumer Affairs charged Arash with violating the City Administrative Code by failing to post signs advising tenants of their rights to one free tenant screening report annually from each consumer reporting … <Read More>


BSA Vested Rights Decision Upheld by First Department

First Department recognized retroactive validation of a permit.  In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid.  (See CityLand’s extensive previous coverage here.)  A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid.  In 2011, … <Read More>


Lawsuit Seeks Damages Over One Vanderbilt Agreement

Owner of Grand Central Terminal claims violation of property rights, seeks $1 billion in damages.  On September 28, 2015, Andrew Penson—the owner of Grand Central Terminal in the Midtown East neighborhood of Manhattan—initiated a lawsuit against New York City for allegedly unlawfully taking Grand Central’s air rights from him for the benefit of SL Green Realty Corporation without just compensation, which is a violation of the Fifth Amendment of the United States Constitution.  The complaint … <Read More>


TransGas still pursuing Greenpoint power plant

TransGas seeks to construct a 1,100 megawatt generating facility on land that the City intends to convert to a public park. In October 1999, Brooklyn Community Board 1 submitted plans to the Department of City Planning to rezone the Brooklyn East River waterfront in Greenpoint and Williamsburg. The rezoning was in response to the decline in manufacturing activity and the increase in residential demand in the area. The rezoning also envisioned a 28-acre park on … <Read More>


Appellate Department Affirms $20,000 Fine for Astoria Landing Sign in Residential District

New owner relied on error by Buildings which had erroneously issued permit for sign in residential district. Beginning in 1941 the owner of a 4-story apartment building located at 24-59 32nd Street in Astoria, Queens, allowed a sign to be painted on the south wall of the building. In 1961 the City adopted an amendment to the zoning resolution which prohibited signs in residential districts including the district covering 24-59 32d Street. Non-conforming signs then … <Read More>