Opponents claimed City missed three-year time period to initiate eminent domain proceedings. In June 2009, the City authorized the taking of ten parcels of land near East 125th Street by eminent domain. The takings were part of an urban renewal plan in an area known for African-American art, entertainment, and history. Some of the affected properties included a thirty-year-old auto business, a not-for-profit center, a BP service station and a billboard stanchion. The parcels were … <Read More>
Court Decisions
Owner Loses Chimney Claim
Owner of building with a chimney sued the developer of an adjacent, taller building for the expense of bringing the chimney into Code compliance. West Chelsea Building LLC owns a 10-story building, located at 516 West 26th Street, Manhattan, with a chimney on the roof. Jack Guttman and others own an adjacent building at 543-545 West 25th Street. Between 2005 and 2007 the Guttman group converted its property into the Arts Tower Condominium … <Read More>
Sign Use Lost Following Demolition
Property owner relied on permit improperly issued by Buildings to claim that advertising sign was a legal grandfathered use. Perlbinder Holdings, LLC owned a building located at 663-669 Second Avenue in Manhattan. Perlbinder for many years maintained a large, single-sided, illuminated advertising sign on the side of the building and had received a permit from the Department of Buildings to operate the sign in 1980. Subsequently, the Council amended the New York City Zoning … <Read More>
Buildings Upheld on Crane Licenses
President of the operating engineers challenged new rules on crane operator licenses. Edwin L. Christian, President and Business Manager of the International Union of Operating Engineers, filed an article 78 petition challenging amendments to the rules of the City of New York promulgated by the Department of Buildings regarding licensing for crane operators. Christian challenged the adoption of a rule which dispensed with the requirement that, for a class A license, the applicant must have … <Read More>
Affordable Housing Law Upheld
Association of developers and contractors of affordable housing claimed that local law on prequalification and disclosure violated their constitutional rights. On September 24, 2012, the City Council passed Local Law 44, which required the Department of Housing Preservation and Development to create a public website disclosing the scope and location of publicly-funded affordable housing projects as well as complaints about developers, contractors and subcontractors involved in the project. The website must also list which … <Read More>
Attorney General Settles with Developer for Concealing Prohibited Rent-Controlled Tenant Buyouts
Upper West Side developer must pay $540,000 dollars in settlement costs. On June 6, 2016 New York State Attorney General Eric Schneiderman announced reaching a settlement for $540,000 with 165 West 91st Street Holdings, LLC for the loss of two rent-controlled apartments in an Upper West Side building, while it was being converted into a condominium, as a result of prohibited agreements to buy-out tenancy rights. The LLC owns an apartment building at 165 … <Read More>