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In Peyton v. New York City Board of Standards and Appeals, 166 A.D.3d 120, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution? In concluding that a roof garden on one of the buildings in Park West Village could not count as open space, the court’s majority thwarted efforts to build a nursing home — even though the nursing home itself was not subject to open space requirements. Moreover, the court’s opinion may have implications that extend past Park West Village, the site of the Peyton dispute.
Tenant’s Contractor Has Lien Against Landlord’s Interest
Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor
Landlord Bound By Rent Mistakenly Set By Temporary Receiver
Lot Owner Lacks Standing to Compel Payment of Assessments
No Foreclosure Jurisdiction Over Deceased Owners
Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription
Zoning Board Bound By Prior Determination
Planning Board Had Rational Basis to Require Church to Record an Easement
Special Permit Denial Overturned
Restrictive Zoning Ordinance Sustained Against Multiple Challenges
By Jeffrey Turkel
Ever since 2009, it has been an article of faith that a building’s receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.