Engineer filed falsified documents for two addresses. The Department of Buildings filed charges against engineer Leon St. Clair Nation after discovering that he submitted a false application to alter the second floor of a building that did not have a second floor, and that he also submitted plans with altered photographs for two separate properties. Buildings specifically charged St. Clair with violating the City rules by knowingly or negligently submitting false or misleading documents to Buildings. After a hearing at OATH, the Buildings Commissioner ordered that St. Clair’s self-certification privileges be revoked. The Commissioner also ordered that, for a period of two years, Buildings refuse to accept any application or document submitted by St. Clair. The Commissioner found authorization for this additional penalty in a section of the newly-enacted construction code, which authorized such steps to protect the public.

St. Clair filed an article 78 petition, claiming that the Commissioner lacked the authority to impose the additional penalty because the construction code provision that allowed Buildings to refuse his submissions for two years had been enacted after the acts with which he was charged. (read more…)

Court upheld designation even though developer had valid permit to alter facade. 9th & 10th Street LLC owned 605 East 9th Street in Manhattan, the former Public School 64. After the owner received a permit from Buildings to alter the facade, Landmarks designated the site as an individual landmark. In reaching its decision, Landmarks found that P.S. 64 was of special architectural, historical, and cultural significance. 3 CityLand 93 (July 15, 2006). The owner filed an article 78 petition challenging the designation.

Justice Shirley Werner Kornreich denied the owner’s petition, ruling that Landmarks had a rational basis to conclude that the building was worthy of designation. Though the owner claimed that P.S. 64 lacked sufficient architectural, historical, or cultural significance to merit designation, Kornreich found that the Commission had relied upon evidence that was adequate to refute the claim, especially since Landmarks found that P.S. 64 was the oldest extant Snyder “H-plan” school with an auditorium accessible from the street. Despite the prior legal removal of some of the decorative facade, Kornreich determined that designation was warranted since Landmarks based its decision on the remaining “special” architectural features as well as the historical and cultural qualities that were beyond removal. (read more…)

Landmarks must promulgate rules that encourage a more timely and transparent processing of landmark nominations. Upon receiving a Request for Evaluation, or an official landmark nomination submitted by the public, Landmarks’ Request for Evaluation Committee would screen the nomination to determine if further consideration was appropriate. If further consideration was warranted, the Committee would send the nomination, a photograph, a statement of significance, and the Committee’s recommendation to each Landmarks Commissioner for comment. When all comments were received, the Chair of the Committee would, at his or her discretion, decide if the full Commission should formally consider the nomination on the record.

Citizens Emergency Committee to Preserve Preservation filed an article 78 petition, claiming that Landmarks’ handling of Requests for Evaluation required modification. Justice Marilyn Shafer granted the petition and ruled that Landmarks’ failure to make timely decisions on certain nominations was arbitrary and capricious. Shafer decided that Landmarks had an obligation to publicly consider every nomination and render a prompt decision. The court ordered that all nominations be submitted to the Committee within 120 days of receipt, and further ordered that all Committee recommendations be reported to the full Commission at a public hearing. (read more…)