Legal Question in Real Estate Law in New York
My neighbor rents an apartment to a non-family member. They have a town issued permit that allows occupancy of the apartment but only by a family member. The father of the homeowner lied to the zoning board at the hearing and claimed that HE lives in the apartment. He does NOT. I was not mailed notice of the hearing. How can I get the hearing reopened so I can challenge the legality of the permit since its approval was based on false statements to the zoning board?
1 Answer from Attorneys
In order to challenge this process in court, you need to show a particularized injury in fact. In other words, this is skin off your teeth? How? Why should the law become exercised that your neighbor has a roommate?
Mechanically, you need to bring an article 78 proceeding against the board. You need to file it with 90 days after the board decision that you plan to challenge.
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