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    Court Decisions

    Supreme Court Judge Finds Inwood Rezoning in Violation of SEQRA

    Article 78  •  Inwood, Manhattan

    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.

    (read more…)

    Tags : CEQR, Inwood, Inwood rezoning, Rezoning, SEQRA, ULURP
    Date:01/15/2020
    Category : Court Decisions
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    Second Circuit Upholds Ruling that Loft Tenants Have Property Rights in Bankruptcy Proceedings

    Loft Law  •  Manhattan

    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.

    (read more…)

    Tags : 99 Vandam Street, Bankruptcy Court, Bridge Associates, Eastern District of New York, Loft Board, Loft Law, Slava Hazin, U.S. Court of Appeals Second Circuit
    Date:12/16/2019
    Category : Court Decisions
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    Appellate Division Upholds City’s Sale of Bronx Waterfront Property

    Disposition of City Property  •  The Bronx

    Partial Site Rendering Image Credit: NYCEDC

    A Bronx not-for-profit sues City over the sale of waterfront property to a private developer. The City sold Pier 5 to a private developer to facilitate the construction of the Bronx Point development. Pier 5 is a 4.4 acre plot of land bounded by Mill Pond Park to the North, the 149th Street Bridge to the South, the Major Deegan Expressway to the East and the Harlem River to the West. The development anticipates mixed-affordable housing, state of the art community facilities, open spaces and a waterfront esplanade. To read Cityland’s prior coverage of the Bronx Point development click here.

    (read more…)

    Tags : 1st Division, Appellate Division, Bronx, Parkland, Pier 5
    Date:12/02/2019
    Category : Court Decisions
    (2) Comment

    Court of Appeals Allows Historic Clock to be Closed to the Public and Converted

    346 Broadway  •  Tribeca, Manhattan

    346 Broadway. Image Credit: Brett.

    Landmarks acted within its authority when it approved the LLC’s certificate of appropriateness. On March 28, 2019, the New York Court of Appeals ruled that the Certificate of Appropriateness granted the Landmarks Preservation Commission for 346 Broadway in 2014 was proper, reversing two lower courts’ decision. In 1987, the Landmarks Preservation Commission designated 346 Broadway as an interior landmark. The designation included the building’s banking hall and the 13th floor clock tower, which houses a mechanical clock. At the time of designation, the City owned the building and the clock tower was opened to the public for weekly tours.

    (read more…)

    Tags : 346 Broadway, Historic Districts Council, Landmarks, Landmarks Preservation Commission, Law Department
    Date:04/09/2019
    Category : Court Decisions
    (1) Comment

    Residents Prevent Development in Fight Over Open Space

    Open Space  •  Upper West Side, Manhattan

    Park West Village superblock on the Upper West Side of Manhattan. (808 Columbus Ave, center). Image Credit: Google Maps.

    Appellate Division finds that Buildings improperly issued construction permit for nursing home after misinterpreting the zoning resolution. Park West Village is a complex located on a superblock bounded by West 100th Street to the north, West 97th Street to the south, Columbus Avenue to the east, and Amsterdam Avenue to the west on the Upper West Side of Manhattan. The complex was built in the 1950s and 1960s as part of a federally subsidized middle-income urban renewal project, and includes residential buildings, a parking lot, a school, a church, a public library, a health center, and commercial buildings. Three original 16-story residential buildings remain on the eastern portion of the superblock at 784, 788, and 792 Columbus Avenue. The Park West Village buildings all exist on the same zoning lot. (read more…)

    Tags : Court Decisions, NYC Zoning Resolution, open space ratio (OSR), open space requirements, Park West Village, residential zoning
    Date:02/06/2019
    Category : Court Decisions
    (1) Comment
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