Part of Park West Village. Image Credit: Google Maps

On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to which no deference is owed.  The City Council should follow the lead of the U.S. Congress, which, in the Dodd-Frank Act, legislated a less deferential standard of review for certain actions of an agency widely deemed captive to the industry it is supposed to regulate. (more…)

Council Member Ben Kallos. Image Credit: William Alatriste for the City Council.

Ten bills will be aired for public opinion to place restrictions on and revamp the processes of the Board of Standards and Appeals. On December 6, 2016, Council Member Ben Kallos introduced five new bills regarding the oversight and operations of the Board of Standards and Appeals at the City Council’s stated meeting. The Board of Standards and Appeals, which was originally created to be an independent board tasked with granting “relief” from the zoning code, is empowered by the Zoning Resolution and primarily reviews and decides applications for variances and special permits. (more…)