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    Converted Commercial Building Exempt from Rent Stabilization

    Rent Stabilization  •  Bedford-Stuyvesant, Brooklyn

    885 Park Avenue, Brooklyn. Image credit: GoogleMaps

    Bedford-Stuyvesant developer converted commercial building into residential apartments. 885 Park Avenue Brooklyn LLC owned a commercial building located in the Bedford-Stuyvesant neighborhood of Brooklyn that had been used solely for commercial purposes. Beginning in 1999, 885 Park converted the building into 23 new residential units. The conversion was completed in 2003. In 2011, Daniel Goddard signed a one-year market-rate lease with 885 Park. (read more…)

    Tags : Appellate Division Second Department, Civil Court, Park Avenue, Rent Stabilization
    Date:10/30/2017
    Category : Court Decisions
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    DCA Ruled Wrong on Posting Tenants’ Rights Sign

    Tenant’s Rights  •  Queens
    Mitchell-Lama Co-op

    Image Credit: NYCourts.gov

    The Department of Consumer affairs charged a real estate broker with failing to post a sign alerting tenants of their rights. Arash Real Estate & Management Co is a residential and real estate broker located in Queens. In January 2013 the Department of Consumer Affairs charged Arash with violating the City Administrative Code by failing to post signs advising tenants of their rights to one free tenant screening report annually from each consumer reporting agency. Tenant screening reports are used primarily by residential landlords and property managers to assess the likelihood that a tenant will fulfill the terms of the lease or rental agreement. The signs alert tenants to their right to dispute inaccurate information. (read more…)

    Tags : Appellate Division Second Department, Department of Consumer Affairs, Tenant Rights
    Date:09/15/2017
    Category : Court Decisions
    (1) Comment

    Landmark Owner Sues Architect Over Renovation

    Landmarks  •  Boerum Hill, Brooklyn

    143 Bergen Street in Brooklyn. Image Credit: CityLaw.

    Architect failed to submit plans to Commission for renovation of landmarked building; owner had to remove alterations. In 2008, Lorraine and Edward Gerrity, the owners of a landmarked building located at 143 Bergen St. in Brooklyn, contracted with architects Herbert Ruderman and George Restivo to renovate their home. The architects submitted plans to Buildings and to the Landmarks Preservation Commission, which approved the alteration to the landmarked building. The Gerritys then made changes in the plans. Buildings approved the second set of plans with a ten foot extension on all three levels of the building, and an excavation of the backyard. The architects assured the Gerritys that the necessary approvals had been obtained and that they were free to move forward with their construction. (read more…)

    Tags : Appellate Division Second Department, Boerum Hill, Brooklyn, landmark
    Date:04/03/2017
    Category : Court Decisions
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    Buildings Exempted from Rent Law

    Rent Regulation  •  Red Hook, Brooklyn
    rent law

    Image Credit: GoogleMaps.

    Red Hook developer converted commercial buildings into residential apartments. Harbor Tech LLC in 1999 purchased a commercial complex located in the Red Hook neighborhood of Brooklyn that had been built in the 1920s and used continuously for commercial purposes. Harbor Tech by 2005 had converted the five interlaced buildings of the complex into 100 residential units.

    Thirty-five residents of the complex in 2013 sued Harbor Tech to have the City’s Rent Stabilization Law applied to the complex. In response, Harbor Tech argued that the complex was exempt from the Rent Stabilization Code because the buildings were “substantially rehabilitated” as residential units after 1974. The residents argued that the exemption did not apply because the regulations define “substantially rehabilitated” as requiring the replacement of at least 75 percent of the building-wide and apartment systems. The Supreme Court rejected the tenants’ argument, ruling that rent stabilization laws did not apply because the complex had been converted from commercial to residential, and the percentage of systems replaced was irrelevant. (read more…)

    Tags : Appellate Division Second Department, Red Hook, Rent Stabilization Law
    Date:03/24/2017
    Category : Court Decisions
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    Succession Rights Granted in Mitchell-Lama Co-op

    Affordable Housing  •  Williamsburg, Brooklyn
    Mitchell-Lama Co-op

    Image Credit: NYCourts.gov

    Downs syndrome grand-nephew sought succession rights to Mitchell-Lama cooperative apartment. On February 3, 2012, the permanent tenant of Lindsay Park Housing Corp., a Mitchell-Lama affordable housing cooperative, died. Following her death, the New York City Department of Housing Preservation and Development ruled that the grand-nephew, Haile King-Rubie, who resided with the deceased did not have succession rights to the apartment. Haile King-Rubie, who has Down syndrome, filed a petition to review this decision. (read more…)

    Tags : Appellate Division Second Department, CityLaw, Mitchell-Lama, The Department of Housing Preservation and Development
    Date:09/19/2016
    Category : Housing Preservation & Development
    (2) Comment

    Appellate Division Finds Architect Not Liable For Damages In Church Renovation

    The suit was brought by owners of a neighboring building that was damaged in the course of renovating the church.  In 2001, the Church of God of St. Albans in Queens Village, Queens hired Harold Gebhard as design architect for a renovation of the church.  The project involved demolishing part of the existing church structure and replacing it with a new building.  During excavation of the building site in 2009, the neighboring building at 223-05 Hempstead Avenue was severely damaged, leading to the Department of Buildings issuing a full vacate order on September 20, 2009.

    (read more…)

    Tags : 223-05 Hempstead Avenue, Appellate Division Second Department, Church of God of St. Albans
    Date:11/16/2015
    Category : Court Decisions
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