Landlord's Mandamus Petition Against HPD to Force Action on Loft Legalization Process Dismissed

Landlord owned a five-building complex of interim multiple dwellings (IMDs) located in a single zoning lot in the Special Clinton District. All of the buildings were subject to the NYC Loft Law. Landlord sought to sufficiently renovate the buildings in order to "legalize" them and to obtain certificates of occupancy (Cs of O) from DOB that designated the buildings as multiple dwellings and authorized residential tenants to live there. The NYC Zoning Resolution placed certain restrictions on what renovation work could be performed on buildings located in the Special Clinton District. HPD issued certain notices to landlord indicating failure to comply with certain steps needed to obtain the Cs of O. Landlord brought an Article 78 mandamus proceeding against HPD, seeking an order that directed HPD to revoke certain default notices and to issue a Cure Completion Certificate.

The court ruled against landlord. The acts of HPD involved were discretionary, not ministerial. So it was inappropriate to seek mandamus relief. Landlord's petition was dismissed.

517-525 W. 45th LLC v. HPD: Index No. 160426/2020, 2021 NY Slip Op 31669(U)(Sup. Ct. NY; 5/18/21; Edmead, J)