Stahl York Avenue Company is unable to demolish and redevelop two Lenox Hill apartment buildings due to Landmark designation. On January 8, 2016, New York County Supreme Court Justice Michael D. Stallman denied an article 78 petition filed by Stahl York Avenue to allow redevelopment a portion of the site known as the City and Suburban Homes Company, First Avenue Estate. The Landmarks Preservation Commission designated this location in 1990 and amended the … <Read More>
Court Decisions
Appellate Court Upholds Council’s Special Permit Denial
City Planning Commission had approved the permit to operate a Bronx homeless shelter. Liska NY, Inc. had constructed an eight-story homeless shelter at 731 Southern Boulevard in the Longwood area of the Bronx. The shelter exceeded the height, setback, and floor area ratio limits for the site and on August 21, 2013 the City Planning Commission approved Liska’s request for a special permit to legalize the building. On October 9, 2013 the City Council voted … <Read More>
Appellate Division Upholds BSA Permit Denial
Billboard lessee claimed the Board denied its permit arbitrarily. OTR Media Group leased a billboard on the south wall of an eight-story building at the northeast corner of Tenth Avenue and West 40th Street in the Hell’s Kitchen neighborhood of Manhattan. In 2012 the Department of Buildings refused OTR’s request for a permit to operate the billboard because it was within view of an arterial highway, the Lincoln Tunnel, in violation of the Zoning Resolution. … <Read More>
Court Upholds Zoning Restriction On Peace Sign
Zoning resolution prohibited apartment dweller from placing illuminated “Peace” sign in 17th floor window. In 2010 Brigitte Vosse placed an illuminated “Peace” sign in the window of her seventeenth-floor condo in The Ansonia at 2109 Broadway in the Upper West Side of Manhattan. The Department of Buildings fined her $800 for violating a zoning ordinance restricting illuminated signs in her neighborhood at heights above forty feet. Vosse argued that the City placed a content-based … <Read More>
Appellate Court Reinstates Action Over Mitchell-Lama Apartment
The court found issues of fact and reversed previous summary judgment for the tenant. In 2000, John G. and Yunia C. Rwambuya permanently vacated their apartment at 10 Waterside Plaza in the Kips Bay area of Manhattan. The apartment complex was regulated under the Mitchell-Lama program and later converted to market-rate housing. A settlement agreement signed by the Rwambuyas granted them a limited right to transfer their apartment to their son, Joseph Rwambuya as a … <Read More>
Appellate Division Upholds Homeless Shelter Siting
Court agreed DHS met their burden under the Fair Share Criteria. In 2012 the Department of Homeless Services opened Freedom House, a 200-family homeless shelter at 316-330 West 95th Street in Manhattan’s Upper West Side on an emergency contract. When the emergency contract expired, then-Comptroller John C. Liu declined to register the permanent contract. A community group, Neighborhood In The Nineties, filed an Article 78 petition to enjoin the Comptroller from registering the … <Read More>