Posted by: Patricia Salkin | July 13, 2013

NY Appellate Court Reverses Variance Denial by NYC Board of Standards and Appeals and Remands for Further Consideration

Following the New York City Building Department’s issuance of construction permits, the applicant erected his building in reliance on the approved plans and permits.  Subsequently, the Department changes its interpretation of the relevant section of the Zoning Resolution, and it issued a stop work order.  The appellate court held that the Board of Standard and Appeals determination denying the variance on the ground that the applicant did not rely, in good faith, on the Department’s permit, should be annulled and that the matter is remanded to the Board to consider whether the applicant satisfies the remaining elements for the variance.

Woods v Srinivasan, 2013 WL 3305667 (NYAD 1 Dept. 7/2/2013)

The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad1/calendar/appsmots/2013/July/2013_07_02_dec.pdf


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

%d bloggers like this: