City Council to have hearing on a bill to define “residency” in the City’s Lead Law in response to a decision by the Court of Appeals. In April 2016, the New York State Court of Appeals found that a landlord has no duty to remove lead paint from residences where children six-years or younger may spend time when the child does not live in the apartment. The Court found that a child spending in excess … <Read More>
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New York State Court of Appeals Permits NYU Expansion Plan
Court found no implied dedication of target parcels as parkland. In 2012, the City Council approved a plan by New York University to develop two “superblocks” bounded by West 3rd Street, Houston Street, Mercer Street, and LaGuardia Place in the Greenwich Village section of Manhattan as part of an expansion plan for the campus. Assemblymember Deborah Glick, joined by the Greenwich Village Society for Historic Preservation, the Historic Districts Council, and other local … <Read More>
Split Court Upholds Sunset Park Rezoning Plan [UPDATE: Court of Appeals Affirms]
This article was originally published on 10/15/2011 (see below for update).
Dissent argued that City only belatedly added consideration of rezoning’s impact on low-income residents. In April 2009, the Department of City Planning proposed a 128-block contextual rezoning of Sunset Park, Brooklyn. Planning sought to preserve the residential neighborhood’s built character while allowing new construction at a height and scale consistent with existing development. The proposal called for establishing height limits, mapping new … <Read More>
HPD’s Lien for Shelter Upheld
HPD provided temporary housing for tenants and then filed liens against the tenants’ former landlords for expenses in providing the temporary housing. The Court of Appeals issued one opinion involving two separate cases concerning expenses incurred by the Department of Housing Preservation and Development for temporary shelter. In 1995 the Fire Department issued a vacate order affecting two tenants of a building in Brooklyn owned by David Rivera. HPD provided the tenants with temporary … <Read More>