Building had been converted prior to passage of Local Law. Jennifer Walker purchased 151 West 76th Street, a five-story residential building in Manhattan, in 2002. That year, Walker applied to Buildings for permits to renovate three apartments and a terrace. Buildings determined that the building’s legal use was an SRO, requiring a certificate of no harassment from HPD before permits could be granted. Consequently, Buildings denied the permits.
AfterWalker sought a certificate from HPD and received an initial decision that harassment appeared likely, she appealed Buildings’ permit denial, claiming that most of the building was converted to apartments over 50 years ago, which legally changed the building’s designation to apartments. Even if the legal designation remained an SRO, Walker argued that it was exempt, because the actual use of the units was apartments. (read more…)