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[co-author: Alexander Volpicello] In a major victory for unhoused New Yorkers, the New York Court of Appeals recently adopted the analysis of an amicus brief that was filed by Proskauer on behalf of the Coalition for the Homeless. The amicus brief supported the City of New York’s defense of a proposed project to convert a midtown Manhattan hotel into a residential facility for homeless adults seeking employment opportunities. The decision, Matter of West 58th Street Coalition, Inc. v. City of New York, addressed what is known as a “NIMBY” (an acronym for “Not In My Backyard”) challenge filed by residents living near the conversion site at issue. The Department of Buildings (“DOB”) had granted the building a temporary certificate of occupancy, finding that it conformed to the applicable regulations for its proposed use. The Appellate Division agreed that the DOB’s determination had a rational basis, but nevertheless remanded the case to the trial court, finding that

New yorkUnited statesCity of new yorkMatthew morrisMichael cardozoBrittany benavidezPeter fishkindNicole sockettStreet coalition incAppellate divisionDepartment of buildingsYork courtCoalition for the homelessNew yorkersNew york courtStreet coalition