Brooklyn building owner operated commercial uses in residential zone. The lot designated as 1801 Avenue P, Brooklyn, NY is in a district zoned for residential use. Buildings charged that the structure at that address was being used as a crating establishment, and for food processing and preparation, commercial vehicle storage, and junk salvage storage in violation of the New York City zoning resolution. Buildings sought an order of closure. The respondent was properly notified of the petition and hearing, but failed to appear at trial.

Buildings submitted certified reports and photographs from three inspections between 2012 and 2015, which showed a residential building with a commercial exhaust fan, cooking equipment, and food preparation in the cellar, and wooden pallets and fork-lifts in the yard. Buildings also presented zoning resolution excerpts establishing such uses to be commercial and manufacturing uses, only permissible in C8, M1, M2, M3 districts. In addition, petitioner submitted a zoning map confirming the premises was within an R4-1 district, zoned for residential use only.

An OATH administrative law judge found that the premises was located in a residential district and used for commercial and manufacturing in violation of the City’s Zoning Resolution. The court recommended closure of the premises in a manner that would still allow ingress or egress from any portion being used residentially.

Dep’t of Buildings V. 1801 Avenue P, Brooklyn, OATH Index No. 990/16 (2016).

By: Tanya Warnke (Tanya is a student at New York Law School, Class of 2018).