The State Division of Housing and Community Renewal was arbitrary and capricious in denying an MCI to an entire building where work in a handful of apartments was not done properly, according to the Appellate Division decision in Matter of 20 Fifth Avenue LLC. The court found that DHCR had no explanation for changing a policy that previously excluded the apartments with problems from an MCI order, but allowed it for the rest of the building. The case, which has dragged on for a decade, was remanded for reconsideration by the agency.
In a less rational decision, the Appellate Term remanded a succession case where the lower courts found that a wife who had separated from her husband and had then rejoined him in his apartment just before his death had not met the statutory requirement of living together for two years before the tenant vacated. 1504 Associates vs. Wescott also makes a strong point that the illegal immigrant status of the wife is irrelevant to succession under stabilization. She may not be entitled to be in the country, but she may be entitled to an apartment, the court said.
Builders and buyers with a long view may want to check out opportunities around Hunts Point, Morris Park, Parkchester and Co-op City. The MTA has a plan to connect Metro North stations from the east Bronx to Penn Station, making the commute to the West Side just 20 minutes.
Even longer term, perhaps, will be the development of Seaport City, the proposed storm barrier protecting lower Manhattan. Mayor Bloomberg announced the publication of an RFP for a consultant to study the technical, financial, and legal feasibility of a multi-purpose levee that would block floodwaters and create new land for residential, commercial, and/or recreational use. The Mayor clearly hopes to leave his successor a road map for the ambitious project.
Looking backwards: How old is that building in Brooklyn?
Bklynr.com, a local website just launched an interactive map showing the age of all 320,000 structures in the borough. The map is based on new data sets released by the City, and is not only interesting by itself, but is a great example of new uses of municipal data and mapping to show information for planning and development.
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