Appellate Court Upholds AirBNB Law [UPDATE: Court of Appeals Denies Leave to Appeal]

Court found that DOB letter of objection exception to the Multiple Dwelling law was no longer valid. On March 17, 2016, New York Appellate Court reversed a Lower Court’s Decision and thus denying Grand Imperial LLC’s Petition for a Letter of No Objection to rent its property for shorter than the legally required time period. Grand Imperial LLC owns a Single-Room Occupancy building, located at 307 West 79th Street on Manhattan’s Upper West Side, … <Read More>


Court Rejects Developer’s Attempt to Appeal Denial of Hardship Application

Stahl York Avenue Company is unable to demolish and redevelop two Lenox Hill apartment buildings due to Landmark designation. On January 8, 2016, New York County Supreme Court Justice Michael D. Stallman denied an article 78 petition filed by Stahl York Avenue to allow redevelopment a portion of the site known as the City and Suburban Homes Company, First Avenue Estate. The Landmarks Preservation Commission designated this location in 1990 and amended the … <Read More>


MTA must compensate for taken trade fixtures

Fulton Street Transit Center. Image: Mary Gillen.

MTA claimed that compensation for trade fixtures in building taken for transit project would constitute improper windfall payment. Three restaurant tenants in a three-story building at 194 Broadway in Lower Manhattan sought compensation for their trade fixtures after the Metropolitan Transportation Authority acquired the property through eminent domain for its Fulton Street Transit Center project. The three restaurants were separately incorporated, but were owned by the same individual … <Read More>


Owner can sue for damages

City failed to make advance payment to owner after taking property, but continued to charge interest on tax liens. The City acquired title to property through eminent domain for the New Creek Bluebelt project in Staten Island. Because the City did not issue an advance payment to the owner at the time of the taking, it began to pay out six percent interest on the advance payment. The City, meanwhile, continued to charge the owner … <Read More>


Court compels DEC to accept brownfield application

DEC overstepped its authority by judging application against eligibility regulations not found in Brownfield statute. HLP Properties LLC owned a 1.75 acre surface parking lot bounded by West 17th and 18th Streets between 10th and 11th Avenues in Manhattan. The lot was part of the former West 18th Street manufactured gas plant, a 19th century facility that converted coal to combustible gas for all of Manhattan north of Canal Street. The plant operated for more … <Read More>


Stuy Town Tenants’ Claims Dismissed

Tenants at Stuyvesant Town and Peter Cooper Village claimed that owners covered by rent regulations. Tenants of Stuyvesant Town and Peter Cooper Village sued property owner PCV ST Owner LP and general partner Tishman Speyer Properties, seeking damages for rent overcharges and a declaration that rent regulation should continue as long as the property owner received J-51 tax benefits. The tenants alleged that the owner had deregulated more than 25% of the units … <Read More>