BSA Approves Upper West Side Townhouse Addition

Owners’ plan to enlarge fourth-floor co-op violated multiple dwelling law. In December 2010, Felix and Lisa Oberholzer-Gee sought a building permit to enlarge their 1,000-square-foot, fourth-floor co-op in a five-unit townhouse at 159 West 78th Street in Manhattan’s Upper West Side. The Oberholzer-Gees proposed building a set-back, 646-square-foot rooftop addition. Buildings denied the permit because the plans violated the multiple dwelling law’s restrictions on enlargements of converted dwellings. The Oberholzer-Gees applied to the Board … <Read More>


Judge Baer defends the independence of judges

My friend, federal Judge Harold Baer Jr., in a new book recounts seven vignettes illustrating what happens to the rule of law when political forces undermine the independence of the judiciary; Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law (ABA Publishing 2011). His point is that without independent judges citizens lack protection from arbitrary governmental decisions. Independent judges alone can counter the forces of official arrogance and tyranny.

Judge Baer need … <Read More>


Audit faults Buildings on self-certification program

Comptroller found that Buildings did not audit requisite percentage of professionally certified building permit applications. City Comptroller John C. Liu issued an audit report on Buildings’ compliance with its rules governing the internal auditing of professionally certified building applications. The audit found, among other things, that Buildings audited a “significantly lower” number of applications than required, and that Buildings’ borough offices in Brooklyn and Queens failed to fully review certain audit applications.

The professional certification … <Read More>


BSA legalizes sixth floor, but not penthouse

BSA had previously revoked permit for buildings’ existing two-story addition. In 2007, the owner of two pre-1948 five-story buildings at 514 and 516 East 6th Street in Manhattan obtained an alteration permit and enlarged the buildings by two stories. The enlarged buildings did not comply with the Multiple Dwelling Law’s fire safety requirements, but Buildings permitted the owner to provide alternative fire safety upgrades. A tenant appealed the decision to BSA, claiming that Buildings was … <Read More>


Proposed rezoning of Brighton Beach withdrawn

Planning unable to reach a consensus among wide range of stakeholders. On June 11, 2009, the Department of City Planning withdrew its Brighton Beach rezoning proposal. The proposal covered 54 blocks, including a controversial downzoning of a small area characterized by bungalow-style homes. At the City Planning Commission’s hearing, residents and developers criticized the decision to downzone the bungalow area. 6 CityLand 74 (June 15, 2009).


New Building Code adopted

First major revision of the City’s Building Code to take effect July 2008. On June 27, 2007, the City Council voted 47-0-1 to approve the Bloomberg Administration’s proposal to replace the City’s building code with a modified version of the International Building Code. The vote followed two public hearings before the City Council’s Committee on Housing & Buildings and culminated nearly five years of work led by the Department of Buildings. Over 400 volunteers, primarily … <Read More>