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The New York Court of Appeals’ recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as “open space.” Holding that the relevant language of the Zoning Resolution is ambiguous, the Court deferred to the zoning interpretation of the Department of Buildings and Board of Standards and Appeals, which have long interpreted the Zoning Resolution as permitting an open space area to be accessible to some, but not all, of the residential buildings on the zoning lot, provided that the residents of each building have access to a proportionate amount of open space on the zoning lot. This article describes the zoning issue decided in Peyton, discusses the implications of Peyton for development on multi-building zoning lots (which often occur as a result of the “assemblage” of development rights through a zoning lot merger), and presents observations as to why zoning litigation of this kind has such high stakes, not only for the individual property owner but for other property owners who have constructed buildings based on a widely applicable DOB zoning interpretation called into question by a zoning challenge to a single building.
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Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
By NYRE Staff
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to “agree” in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
By NYRE Staff
Owner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond
Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges
Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud
Failure to Inspect Premises Precludes Purchasers’ Claim for Fraud
Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
By NYRE Staff
Sponsor Liable for Fraudulent Conveyance to Related Entities
President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed
Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
By NYRE Staff
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments
Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use
Neighbor’s Challenge to Approval of A Building Permit Dismissed As Untimely