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June 1, 2007
Yards renters to appeal ruling
The Brooklyn Paper
By Ariella Cohen
A group of renters living in the footprint of Atlantic Yards vowed to take their case to another court after a State Supreme Court judge dismissed their case last month.
...
Justice Walter B. Tolub ruled that the suit should be taken to state’s Appellate Division, a court with a reputation for favoring the state in eminent-domain-related cases.Attorney George Locker, who is representing the renters at 473 Dean St. and 634 Pacific St., said he’ll appeal.
“The state has taken a rent-stabilized lease and a home for many years without providing appropriate compensation,” he said. “This case must be heard on its merits.”
Unfortunately, this article conflates the two different lawsuits filed by the tenants:
From the article:
The lawsuit was filed on behalf of 11 rent-stabilized tenants who charge that the Empire State Development Corporation, which is overseeing Atlantic Yards, failed to adequately compensate protected tenants whose leases were canceled when ESDC condemned their buildings to pave the way for Bruce Ratner’s mega-development.
Norman Oder from Atlantic Yards Report explains in an email:
This case regarded the ESDC's right to condemn rent-stabilized leases without going through the state agency (New York State Division of Housing and Community Renewal, or DHCR), which would've taken longer. (more info)
These are two different issues, two different lawsuits, filed in two different courts:
| ISSUE | COURT | STATUS | |
#1 | Adequate compensation | Appellate Division | Awaiting a ruling |
#2 | ESDC's right to condemn rent-stablized leases | State Supreme Court | Justice Tolub ruled that it should be heard in the Appellate Division (see case #1), attorney Locker vowed to appeal. |
Posted by lumi at June 1, 2007 2:21 PM