Scott Mollen Environmental Review; 'Essential Services': This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
May 23, 2023 at 10:15 AM
15 minute read
Environmental—MTA's Subway Project Is Exempt From Environmental Review (SEQRA And CEQR Obligations)—"Unhappiness Is Not A Basis To Stop The Instant Project, Which Seeks To Modernize A Critical Subway Line"—Petitioner Lacked a Protectable Property Interest In The Public Street and Sidewalk—In NYC, the Highway Is "Continually Being Dug Up for Subways, Sewers, Gas Mains, Repairs and the Like—The Inconvenience and Damage Which the Property Owner Suffers From These Temporary Obstructions Are Incident to City Life and Must Be Endured"
The respondent Metropolitan Transportation Authority (MTA), and other affiliated authorities moved to dismiss the subject Art. 78 petition. The court granted the motion to dismiss.
A petitioner housing development which comprises ten, 22 story buildings alleged that the respondents' installation of a "high-voltage power substation on West 28th Street between Eighth and Ninth Avenue" (project) created a "ongoing nuisance."
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