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 … <Read More>
Search Results for: Land Use Law
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>
City Wins Polystyrene Case
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.
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>
Racial Impact Studies Not Required For Rezoning
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 … <Read More>
Challenge to Denial of Hardship Application Fails on Appeal
Developer claimed that Commissioners irrationally and prejudicially analyzed hardship application, and that designation amounted to an unconstitutional taking. In 1990, Landmarks designated the City and Suburban Homes Company, First Avenue Estate an individual City landmark. The block-sized development is bounded East 64th and 65th Streets and York and First Avenues. Built between 1819 and 1915, it was constructed to provide high-quality housing to low-income New Yorkers in an alternative to crowded, poorly ventilated tenement buildings. … <Read More>