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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.
By Mark Hakim
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the “Housing Stability and Tenant Protection Act of 2019.” The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York’s rent regulation laws, which proponents say will ensure that New York’s tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
40-Year Lease Invalid
Cancellation of Satisfaction Denied
Questions About Meeting of Minds
Statute of Limitations Bars Foreclosure Action
Mortgage Acceleration Revoked
Deed Valid When Not Intended As Security for Mortgage Debt
Specific Performance Denied for Failure to Show Ability to Close
Award of Contingent Attorney’s Fees