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Benjamin Fox Tracy Secures License For Non-Profit Development Group Needed To Complete Affordable Housing Project

The petitioners commenced a special proceeding, pursuant to Section 881 of the Real Property Actions and Proceedings Law, for a license to install protections on an adjacent property during the petitioners’ construction of an affordable housing facility.  Pursuant to the New York City Building Code, the petitioners were obligated to install various protections on the adjacent property to protect pedestrians and property during their work.  The obstinate neighbor refused to provide the petitioners with access to install the legally-required protections unless the petitioners, a non-profit group, paid the neighbor an exorbitant monthly license fee.  After a hearing, the New York State Supreme Court, Queens County, granted the petitioners a license to install the required protections for a monthly license fee of $2,500.  The Court cited that there was public interest in the completion of the petitioners’ project because of the community’s need for affordable housing.  The Court denied the adjacent neighbor’s demand for reimbursement of costs, citing the neighbor’s unreasonable financial demands as the cause of the litigation.  To view the decision, click here.