Department of Sanitation Commissioner Kathryn Garcia at the CityLaw Breakfast on October 5, 2018. Image credit: CityLaw.
Sanitation determined polystyrene foam products were unrecyclable. Sanitation Commissioner Kathryn Garcia’s decision that expanded polystyrene cannot be recycled has been upheld by the Appellate Division. The decision paves the way for the City to ban the use of expanded polystyrene single service articles. (read more…)
475 Kent Avenue in Brooklyn. Image credit: Google Maps.
Loft tenant counted terrace/balcony to reach statutory minimum of 400 square feet. David Coventry rented unit 1109 of a loft building located at 475 Kent Avenue, Brooklyn. Coventry applied for coverage and protection under the Loft Law. The owner of 475 Kent Avenue opposed, arguing that unit 1109 measured less 400 square feet, the minimum size required to be covered by the Loft Law. Coventry responded that unit 1109 would meet the 400 square foot threshold if the exterior terrace/balcony were included in the calculation. The parties stipulated that the interior space was less than 400 square feet and submitted the issue of coverage to OATH. (read more…)
Metropolitan Fine Arts & Antiques at 10 West 57th Street. Image credit: Google Maps.
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, including tusks valued between $150,000 to $200,000 after a search warrant was issued. (read more…)
Broadway Triangle. Image credit: Google Maps.
Local residents and community activists brought an action to stop a rezoning that would encourage gentrification and racial disparity. Churches United for Fair Housing, along with local residents and other local groups, brought an action against the City in the Supreme Court of New York County to stop the construction of a housing development in the Broadway Triangle section of Brooklyn. Churches United is a local grassroots organization that seeks to preserve communities by advocating for non-exclusive and affordable housing. Churches United claimed that rezoning the area without evaluating segregation would result in discrimination against people of color, and violate the Fair Housing Act and Title VII of the Civil Rights Act. (read more…)
27 West 96th Street in Manhattan. Image Credit: Google Maps.
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. (read more…)
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