An appeals court overturned a preliminary injunction against three residential buildings in the Upper West Side of New York City that had ordered them to stop using the SROs (single room occupancy) as transient hotels. The Court determined that the City did not show if would ultimately success in proving that the transient use actually constitutes a violation of either the City Zoning Resolution or the certificates of occupancy. The rental of a small number of units for non-permanent use does not, said the court, violate the Zoning Resolution or the certificate, since there is no requirement that the buildings be used exclusively for permanent occupancy. Further, the Court noted that the definition of the words “transient” and “permanent” contained in the Zoning Resolution are vague.
New York City v. 330 Continental 873 N.Y.S. 2d 9 (A.D. 1st Dept. 1/29/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_00460.htm
