The law does not make an agency repeat past mistakes.
The DOB’s recent defense of their actions of issuing permits to SJP Properties and Mitsui Fudosan America is that although flawed, and they won’t do it again, they are standing by their decision to issue the permits because they don’t want to be seen as arbitrary and capricious. In response, we offer the following facts of both city code and legal precedent:
The City Code Provides:
§ 27-197 Revocation of permit. The commissioner may, on notice to the applicant, revoke any permit for failure to comply with the provisions of this code or other applicable laws and regulations; or whenever there has been any false statement or any misrepresentation as to a material fact in the application or accompanying plans and papers upon the basis of which the permit was issued; or whenever any permit has been issued in error and conditions are such that a permit should not have been issued. Such notice shall inform the applicant that he or she shall have the right to present to the commissioner or his or her representative within five business days or personal service of ten days of the posting of service by mail information as to why the permit should not be revoked. The commissioner may suspend a permit immediately when the commissioner has determined that an imminent peril to life or property exists and shall at the same time notify the applicant that the permit shall be revoked and that the applicant has the right to present to the commissioner or his or her representative within five business days of personal service or ten days of the posting of service by mail information as to why the permit should not be revoked.
Legal Precedent Includes:
Case A, Case B, Case C, Case D (linked)