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    Court Decisions

    Court of Appeals Rules Tenant’s West Village Apartment Is No Longer Rent-Stabilized

    Rent Stabilization  •  West Village

    West Village. Image credit: Heath Brandon.

    Post-vacancy increases included in calculation for rent stabilization deregulation. On April 26, 2018, the New York Court of Appeals held that vacancy increases are included in determining if the rent amount triggers deregulation of a rent-stabilized apartment. Richard Altman sued 285 West Fourth LLC, its landlord, asking the court to declare that his apartment is subject to rent stabilization and requiring the landlord to offer Altman a rent-stabilized lease. Rent stabilization provides tenants with rates for rent increases set once a year by the Rent Guidelines Board limiting how much a landlord can increase the rent. (read more…)

    Tags : apartments, legal regulated rent, Rent Stabilization Law, rent stabilized, statutory threshold, vacancy increases, West Village
    Date:05/24/2018
    Category : Court Decisions
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    5Pointz Artists Awarded $6.75 Million for Destroyed Artwork

      •  Long Island City, Queens

    5Pointz

    After destruction of legendary 5Pointz artwork, artists receive substantial monetary award. On February 12, 2018, graffiti artists of the legendary 5Pointz site were awarded $6.75 million in damages for the wrongful and willful destruction of 45 works of art that once were displayed on the five-story buildings. The award comes after nearly five years of litigation between the graffiti artists and the owners of the 5Pointz buildings in Long Island City, Queens. To read CityLand’s prior coverage, click here. (read more…)

    Tags : 5Pointz, Cohen v. G&M Realty
    Date:03/02/2018
    Category : Court Decisions
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    Challenge to Permits Issued by Landmarks Fails on Appeal

      •  Meatpacking District, Manhattan

    Gansevoort Market Development Rendering. Image credit: BKSK.

    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 bus depot, a four story building replacing a former market structures, the construction of an addition to an existing building,  the restoration of a historic Moderne market building, as well as the preservation of historic facades. (read more…)

    Tags : 60-74 gansevoort street, Gansevoort Market Historic District, Meatpacking District, permits
    Date:03/01/2018
    Category : Court Decisions
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    Staten Island Borough President wins street name dispute

    Street names  •  Shore Acres, Staten Island

    Staten Island Borough President James Oddo

    Staten Island Borough President James Oddo imposed negative street names for new streets laid out in a development. In 2014, Mount Builders, a land developer, purchased land in Staten Island on which it planned to build 200 new houses on three newly created streets. The property that Mount Builders acquired was known as Mount Manresa, which was the location of the first Jesuit retreat house in the United States as well as park land graced with many 400-year-old rare oak trees. The condominium development project sparked opposition from many in the Staten Island community including James Oddo, the Borough President. (read more…)

    Tags : Mount Manresa, Staten Island Borough President James Oddo
    Date:02/16/2018
    Category : Court Decisions
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    $5,000 fine imposed on e-bike seller

    Electric Bikes  •  Lower East Side

    287 Broome Street in Manhattan. Image Credit: CityLaw.

    Shop in lower Manhattan offered electric bikes for sale. Arrow Ebikes, Inc, located on 287 Broome Street in Manhattan, specializes in selling and servicing electric bikes (e-bikes). On November 23, 2015, a Department of Consumer Affairs officer observed Arrow Ebikes displaying ten e-bikes for sale. E-bikes are considered motorized scooters because they are a wheeled device with handlebars and are powered by an electric motor. (See City Law Volume 22, Number 1). The officer issued a summons charging Arrow Ebikes with violating New York City Administration Code Section 20-762, which provides that no person shall sell or attempt to sell a motorized scooter to another person. The summons charged ten counts, one for each motorized scooter. (read more…)

    Date:01/19/2018
    Category : Court Decisions, Department of Consumer Affairs
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