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Development
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change
Matter of Elizabeth Street Garden, Inc. v. City of New York 2024 WL 3029971 Court of Appeals (6-1 decision; memorandum opinion; dissenting opinion by Rivera, J.)
In lessee's article 78 proceeding challenging a negative SEQRA declaration for a project designed to build low-cost senior housing, lessee appealed from the Appellate Division's determination upholding the negative declaration. The Court of Appeals affirmed, holding that the city department of housing preservation and development took the requisite hard look at environmental factors.
The city owns the subject property and has leased it on a month-to-month basis to a corporation that has used it as an open space/sculpture garden. In 2013, the city identified the site as a potential location for affordable senior housing and proposed construction of a seven-story mixed-use building with 123 units of affordable senior housing and 6,700 square feet of open space. Because the city proposed to transfer the property to private developers, the project required reviews under the city's Uniform Land Use Review Process (ULURP). The city's Department of Housing Preservation and Development (HPD) issued a negative declaration under SEQRA, and the City Planning Commission and the City Council approved the ULURP application. Lessee then brought this article 78 proceeding challenging the city's various determinations. Supreme Court dismissed the claim that the city failed to comply with ULRUP, but granted the petition with respect to SEQRA. The Appellate Division upheld the ULURP determination but concluded that the city had taken the requisite hard look under SEQRA. Lessee appealed.
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