Laserfiche WebLink
July 10, 2013 I Volume 7 I Issue 13 Zoning Bulletin <br />Residential Facilities —City board <br />classifies homeless shelter as <br />"transient hotel," thus an allowed <br />use in zoning district <br />Shelter opponents argue classification is <br />improper and proposed use is actually <br />prohibited <br />Citation: Chelsea Business & Property Owners' Ass'n, LLC v. City of <br />New York, 2013 WL 2396026 (N.Y. App. Div. 1st Dep't 2013) <br />NEW YORK (06/04/13)—This case addressed the issue of whether a <br />city's board rationally determined that a proposed homeless shelter met <br />the zoning code's definition of "transient hotel.". <br />The Background/Facts: Bowery Residents' Committee, Inc. ("BRC") <br />sought to convert a 12-story building in the Borough of Manhattan in the <br />City of New York (the "City"). In the 100,000-square-foot facility, BRC <br />planned to house a 32-bed detoxification unit, a 96-bed reception center, <br />and a 200-bed homeless shelter (the "homeless shelter"). <br />BRC applied to the New York City Department of Buildings ("DOB") <br />for all necessary approvals and peiniits for the proposed homeless shelter. <br />The DOB granted the approvals and permits. <br />Thereafter, the Chelsea Business & Property Owners' Association, <br />LLC; doing business as the Chelsea Flatiron Coalition (the "Chelsea Co- <br />alition"), challenged the DOB's determinations. The building for BRC's <br />proposed homeless shelter was located_ in an M1-6 light manufacturing <br />zoning "district in the City. The DOB had classified BRC's proposed <br />homeless shelter as a "transient hotel," which was a permitted use in the <br />M1-6 zoning district. The Chelsea Coalition argued that classification <br />was improper. It argued that the BRC's proposed homeless shelter should <br />have been classified as a "non-profit institution with sleeping accom- <br />modations" or a "health related facility" under the City's Zoning Resolu- <br />tion both of which uses were prohibited in the M1-6 district. <br />The Board of Standards and Appeals of the City of New York (the <br />"BSA") affirmed the DOB's deteiniinations. <br />The Chelsea Coalition appealed. <br />The supreme court denied Chelsea Coalitions' petition and dismissed <br />the proceeding. <br />The Chelsea Coalition again appealed. <br />DECISION: Affirmed. <br />10 ©2013 Thomson Reuters <br />