BSA Denies Appeal of Illegal Advertising Sign

Board found the tunnel approach qualified as an “arterial highway” under the Zoning Resolution.  On July 21, 2015 the Board of Standards and Appeals voted to deny an appeal by 121 Varick St. Corp. of a previous Department of Buildings determination that their advertising sign was not established as a lawful non-conforming use.  The sign is a 75′ by 75′ illuminated advertising sign placed fifty feet above curb level on 121 Varick Street, Manhattan, … <Read More>


Mandatory Inclusionary Housing Program Sent to Community Boards for Public Review

The program would be the strongest inclusionary housing requirement in the nation.  On September 18, 2015, the City Planning Commission initiated public review of the Department of City Planning’s application for the Mandatory Inclusionary Housing program, which is one of the major programs to be implemented under Mayor Bill de Blasio’s Housing New York plan.  The Mandatory Inclusionary Housing program would require, rather than incentivize, residential developers to reserve a portion of newly-created housing units … <Read More>



BSA Amends Variance to Facilitate Development Rights Transfer

Board distinguished the application from relevant case law.  On July 28th, the Board of Standards and Appeals voted to reopen and amend a variance for the applicant, 124 West 24th Street Condominium, to facilitate the conveyance of unused development rights.  The site from which the rights were to be transferred was the subject of a previous Board variance and could not be transferred without Board approval.


Intro 214 “Right to Counsel” Bill Garners Citywide Support

If enacted into law, Intro 214 would make New York City the first municipality in the nation to provide free legal representation to low-income tenants in Housing Court.  On March 26, 2014, the “Right to Counsel” bill was introduced in the New York City Council by co-sponsors Council members Mark Levine and Vanessa Gibson.  The proposed law would provide free legal representation to low-income City tenants and homeowners earning income that is not in … <Read More>


Appellate Court Upholds Decision In Favor Of Adult Entertainment Stores

Court found amendments expanding reach of the adult use zoning resolution to be unconstitutional.  In 2002, For the People Theaters and JGJ Merchandise Corp. filed suit to declare the 2001 Amendments to City’s adult use zoning resolution unconstitutional as a violation of the First Amendment.  The amendments broadened the resolution to cover any establishment regularly featuring live performances emphasizing specified anatomical areas or sexual activities and restricting or excluding minors.  Prior to the 2001 Amendments, … <Read More>