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>


Residents Prevent Development in Fight Over Open Space

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 … <Read More>


Landlord Fined $53,100 for Residential Tenants’ Illegal Transient Use

The Appellate Division affirmed fines for illegal conversion of residential units as hotel rooms. 360 West 43rd Street is a 28-story, 264 rent-stabilized unit building in Midtown, Manhattan. On June 5, 2015, the owner sent three tenants a letter advising them that their leases would be terminated and they would be evicted if they continued illegally renting out the apartments for hotel use.


Court Finds Commercial Tenants’ Guilty Plea Voided Lease

The owners of a midtown antique shop were convicted of illegally selling $1.5 million worth of elephant ivory, which allowed their landlords to evict them pursuant to New York Property Law. In 2015, an undercover officer entered the Metropolitan Fine Arts & Antiques shop and bought ivory for $2,000. The sale of ivory without a permit became illegal in 2014 in an effort to protect elephant population. The authorities found and seized 126 ivory articles, … <Read More>


Court Holds That Agency Rent Overcharge Calculation Violated Law

Landlord not responsible for more than four years of overcharged rent. On August 16, 2018, the Appellate Division for the First Department held that the landlord for 27 West 96th Street in Manhattan did not engage in a fraudulent scheme to evade the Rent Stabilization Law and therefore the New York State Division of Housing and Community Renewal (DHCR) had miscalculated the amount of overcharged rent that was due back to tenants.


Challenge to Permits Issued by Landmarks Fails on Appeal

Preservationists renewed challenge to LPC permit for redevelopment of 5-building blockface in Gansevoort Market Historic District. In June of 2016, the Landmarks Preservation Commission voted to award Certificates of Appropriateness to developer 60-74 Gansevoort Street to redevelop five buildings in the Gansevoort Market Historic District. The work planned encompasses an entire blockfront composed of three tax lots between Greenwich and Washington Streets. The project entails the construction of new 82-foot-tall building replacing a former … <Read More>