BSA allows construction of the controversial hotel to go forward. In September 2007, the New York City Department of Buildings approved plans for the 42-story Trump SoHo condominium hotel, to be located at 246 Spring Street between Varick Street and Sixth Avenue. Because there is a general prohibition against residential developments in the area with the exception of transient hotels, Buildings’ approval required the developers to file a restriction against the property that would prohibit anyone from living in any of the Trump SoHo’s 413 units for more than 29 consecutive days in any 36-day period, or a total of about 120 days per calendar year.

The SoHo Alliance Community Group filed an appeal with BSA, arguing that Buildings’ approval should be revoked because people can still live in the Trump SoHo’s residential units for protracted periods of time for a significant portion of the year. Moreover, the Alliance argued that the restriction is unenforceable and prone to abuse. 4 CityLand 156 (Nov. 15, 2007). (read more…)