Board was not acting arbitrarily by requiring LPC approval of construction permit for addition to a historic district building. On February 12, 2013, the Board of Standards and Appeals found they could not reinstate a Department of Buildings construction permit for Petitioner, 339 West 29th Street LLC without prior approval from the Landmarks Preservation Commission. The Board found the permit was revoked in July 2009, and in October 2009 the area containing the work … <Read More>
Court Decisions
BSA Vested Rights Decision Upheld by First Department
First Department recognized retroactive validation of a permit. In 2005, the Board of Standards and Appeals denied recognition of GRA V, LLC’s common law vested right to perform work under a Department of Buildings permit on the grounds Buildings deemed the underlying permit invalid. (See CityLand’s extensive previous coverage here.) A common law vested right occurs when a developer performs substantial work in reliance that the underlying permit or zoning is valid. In 2011, … <Read More>
Manhattan Developer Pays $4.7 Million in Tax Evasion Settlement
Attorney General Schneiderman found the developer was operating a building as an illegal hotel while receiving a 421-a property tax exemption. On February 26, 2015 New York State Attorney-General Eric Schneiderman announced reaching a settlement with 47 East 34th Street LP over illegally evading New York property taxes. The LP owns an apartment building at 47 East 34th Street in Manhattan which is exempt from property tax under the 421-a program, however the Attorney General’s … <Read More>
Permission to Operate Sidewalk Café Upheld on Appeal
Landlord was required by lease to consent to tenant’s operation of a sidewalk café, absent a good-faith basis. DMF Gramercy Enterprises, Inc. has operated Pete’s Tavern, a sidewalk café at 129 East 18th Street in Gramercy, Manhattan, and claims to be the longest continuously-operating bar and restaurant in New York City. DMF Gramercy has operated Pete’s since 1964 when it entered into a lease with the building’s then-owner. The current owner is the Lillian Troy … <Read More>
Challenge to NYU Expansion Plan Overturned on Appeal
Coalition of local residents, Greenwich Village community organizations, and elected officials sought to prevent NYU’s development of two superblocks north of Houston Street. In 2012, the City Council voted to approve multiple actions to allow an expansion plan by New York University to develop two superblocks bounded by West 3rd Street, Houston Street, Mercer Street and LaGuardia place in Manhattan’s Greenwich Village. The project, projected to take 20 years to complete, would entail the construction … <Read More>
Court Dismisses Suit in Opposition to Hospital Development
Upper East Side community group did not meet burden of proof that City acted arbitrarily. On July 28, 2014, the New York Supreme Court in Manhattan denied petitions for declarative and injunctive relief against the proposed expansion of Memorial Sloan-Kettering Hospital. The petitions were brought by the Residents for Reasonable Development and several Upper East Side residents acting individually. The petitioners argued that the institutional uses of the project were incompatible with the largely … <Read More>