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Board removes enforcement-based compliance order tied to appellate decision for 130 Beach Ave.
Summary
The Board adopted a resolution finding that a 2021 compliance order tied to 130 Beach Avenue is no longer of force and effect in keeping with the Appellate Division, 2nd Department decision and directed counsel to draft the final language.
The Board approved a resolution addressing a prior compliance order concerning 130 Beach Avenue after reviewing the Appellate Division, 2nd Department decision that altered the legal basis for earlier Board findings.
Board members recalled the earlier December 2020 and September 2021 resolutions: the first had found a separate dwelling unit on the third floor, and a later compliance resolution set conditions for how the owner could come into compliance. The owner challenged the decision through court proceedings; the Appellate Division reversed the core finding related to a separate dwelling unit and remitted aspects of the case for action consistent with that decision.
Members agreed the 2021 compliance resolution that had been used to impose detailed remedial conditions was effectively rooted in the prior reversed determination and that the Board should state on the record that the 2021 compliance resolution is no longer of force and effect in keeping with the Appellate Division decision. The Board debated precise wording (for example, using "rescind" versus "no longer of force and effect/non-viable") and settled on language that reflects the appellate order without expanding or characterizing the court’s reasoning beyond the remitter.
A motion adopting the revised language was made and passed; counsel will prepare the final draft to be filed.
