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Zoning Bulletin July 10, 2013 I Volume 7 I Issue 13 <br />The Supreme Court, Appellate Division, First Depai talent, New York, <br />first noted that the BSA and DOB were responsible for administering and <br />enforcing the zoning resolution. The court said that "their interpretation <br />must therefore be given great weight and judicial deference, so long as <br />the interpretation is neither irrational, unreasonable nor inconsistent with <br />the governing statute." <br />The court held that the BSA had "rationally deteiniined that the defini- <br />tion of `transient hotel' in . . . the Zoning Resolution [was] clear and <br />unambiguous and that the proposed use of the building [as a homeless <br />shelter] [met] the three criteria of the definition." Specifically, the court <br />found that BRC's proposed homeless shelter: (1) provided sleeping ac- <br />commodations used primarily for transient occupancy; (2) had a com- <br />mon entrance to serve the sleeping accommodations; and (3) provided <br />24-hour desk service, housekeeping, telephone, and linen laundering. <br />Case Note: <br />The Chelsea Coalition had also argued that the City should have submitted the <br />proposed homeless shelter to a Uniform Land Use Review Procedure <br />("ULURP') review The court held that ULURP was not required because: (1) <br />the City did not have a lease or the fitnctional equivalent of a leas e of the build- <br />ing; and (2) the contract between the BRC and the City's Department of Home- <br />less Services was not shown to be part of an actual housing and urban renewal <br />plan. <br />Case Note: <br />The Chelsea Coalition had further contended that BRC's homeless shelter oper- <br />ated in violation of the City's Administrative Code. The Administrative Code <br />stipulated that "[nko shelter for adults shall be operated with a census of more <br />than [200] persons." The court said that, even assuming a census in excess of <br />200 persons, the building was permitted as a grandfathered shelter under the <br />"Camp LaGuardia" exception to the Administrative Code's 200-bed limit. <br />Under that Administrative Code exception, the Camp LaGuardia Shelter operat- <br />ing with a census of 1,017 persons can be replaced with two shelters each with a <br />maximum census of 400 persons. <br />Zoning News from Around the <br />Nation <br />FLORIDA <br />Governor Rick Scott recently signed into law legislation that "applies <br />© 2013 Thomson Reuters 11 <br />