Manhattan Valley Neighbors for Permanent Housing for the Homeless v. Koch
| Decision Date | 06 December 1990 |
| Citation | 562 N.Y.S.2d 621,168 A.D.2d 262 |
| Parties | MANHATTAN VALLEY NEIGHBORS FOR PERMANENT HOUSING FOR THE HOMELESS, et al., Petitioners-Appellants, v. Edward I. KOCH, etc., et al., Respondents-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and MILONAS, ROSENBERGER, ELLERIN and RUBIN, JJ.
Judgment of the Supreme Court, New York County (Ira Gammerman, J.), entered February 26, 1990, dismissing the Article 78 petition, unanimously affirmed, without costs.
Petitioners seek to annul a Board of Estimate decision approving a plan to rehabilitate city-owned buildings in the vicinity of 109th Street in Manhattan, the Manhattan Valley area. Petitioners also seek to substitute their own proposal which would convert all of the City's in rem housing in the neighborhood into permanent housing for the homeless. Petitioners' position is unusual in that they contend that, rather than contesting the establishment of erstwhile homeless families in the neighborhood, they would welcome the families, but on a permanent basis. The subject housing under the City's plan would provide transitional residences for some 71 families who would be moved out of shelters and hotels into the subject housing, for up to 13 months, after which these families would be rotated out and into permanent housing, as other transitional families are rotated in. Petitioners contend that the proposed action requires an environmental impact statement. The purported significant adverse environmental impact arises, according to petitioners' arguments, not from the mere addition of families to the neighborhood, but from the transitional nature of their residency.
We note that the City will not be constructing new buildings, and the only significant alteration will be for purposes of setting aside portions of the existing premises, so as to provide facilities for social services relative to the transitional nature of residences. As such, the City properly has classed the project as a Type II action (6 NYCRR 617.13[d][1] since it represents a replacement of a facility, in kind, on the same site, rather than one of the Type I (Id. § 617.12) listed actions. Unlike Type I actions, Type II actions are deemed to present no significant adverse environmental consequences and are exempt from SEQRA and SEQR requirements, mandating the filing of environmental impact statements.
We do not agree with petitioners that the current project, in...
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