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. (read more…)
41 East 11th Street. Image Credit: Google Maps
Commercial tenant claimed the 2019 Housing law required owners to provide a written notice of nonpayment of rent. The owner of a building located at 41 East 11th Street, Manhattan, filed a petition in Civil Court to evict its commercial tenant, Washington Square Institute, for non-payment of rent. The owner claimed rent in the amount of $240,007 for the period of August 2019 through October 2019, calculated at the monthly rent of $67,561. The owner moved for summary judgment. (read more…)
Park West Village superblock on the Upper West Side of Manhattan. (808 Columbus Ave, center). Image Credit: Google Maps.
Appellate Division finds that Buildings improperly issued construction permit for nursing home after misinterpreting the zoning resolution. Park West Village is a complex located on a superblock bounded by West 100th Street to the north, West 97th Street to the south, Columbus Avenue to the east, and Amsterdam Avenue to the west on the Upper West Side of Manhattan. The complex was built in the 1950s and 1960s as part of a federally subsidized middle-income urban renewal project, and includes residential buildings, a parking lot, a school, a church, a public library, a health center, and commercial buildings. Three original 16-story residential buildings remain on the eastern portion of the superblock at 784, 788, and 792 Columbus Avenue. The Park West Village buildings all exist on the same zoning lot. (read more…)
360 West 43rd Street in Manhattan. Image credit: Google Maps.
The Appellate Division affirmed fines for illegal conversion of residential units as hotel rooms. 360 West 43rd Street is a 28-story, 264 rent-stabilized unit building in Midtown, Manhattan. On June 5, 2015, the owner sent three tenants a letter advising them that their leases would be terminated and they would be evicted if they continued illegally renting out the apartments for hotel use. (read more…)
475 Kent Avenue in Brooklyn. Image credit: Google Maps.
Loft tenant counted terrace/balcony to reach statutory minimum of 400 square feet. David Coventry rented unit 1109 of a loft building located at 475 Kent Avenue, Brooklyn. Coventry applied for coverage and protection under the Loft Law. The owner of 475 Kent Avenue opposed, arguing that unit 1109 measured less 400 square feet, the minimum size required to be covered by the Loft Law. Coventry responded that unit 1109 would meet the 400 square foot threshold if the exterior terrace/balcony were included in the calculation. The parties stipulated that the interior space was less than 400 square feet and submitted the issue of coverage to OATH. (read more…)
City and Suburban Homes Company, First Avenue Estate. Image credit: LPC.
Developer claimed that Commissioners irrationally and prejudicially analyzed hardship application, and that designation amounted to an unconstitutional taking. In 1990, Landmarks designated the City and Suburban Homes Company, First Avenue Estate an individual City landmark. The block-sized development is bounded East 64th and 65th Streets and York and First Avenues. Built between 1819 and 1915, it was constructed to provide high-quality housing to low-income New Yorkers in an alternative to crowded, poorly ventilated tenement buildings. The First Avenue Estate is one of only two full-block light court tenement complexes in the City. (read more…)
