Neighboring Owners' Challenge to Opening of Homeless Shelter Denied

June 24, 2019

LVT Number: #30190

Neighboring building owners filed an Article 78 court appeal of a decision by NYC's Department of Homeless Services and Human Resources Administration to open a homeless shelter in a building at 158 West 58th Street. Petitioners claimed that the building was unsafe and didn't comply with current building and fire safety codes. The court ruled against petitioners, finding that the city's decision had a rational basis. The building had an R-2 classification, so petitioners' claim that the building changed occupancy was meritless.

Neighboring building owners filed an Article 78 court appeal of a decision by NYC's Department of Homeless Services and Human Resources Administration to open a homeless shelter in a building at 158 West 58th Street. Petitioners claimed that the building was unsafe and didn't comply with current building and fire safety codes. The court ruled against petitioners, finding that the city's decision had a rational basis. The building had an R-2 classification, so petitioners' claim that the building changed occupancy was meritless. The building had obtained a partial temporary certificate of occupancy from DOB, indicating that it was safe. Petitioners also lacked standing to assert a claim for public nuisance.

W. 58th St. Coalition v. City of N.Y.: Index No. 156196/2018, 2019 NY Slip Op 31159, NYLJ No. 1559040099 (Sup. Ct. NY; 4/25/19; Tisch, J)

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