Lawsuit Regarding NYCHA West Chelsea Redevelopment Foiled

Time is ticking for opponents of NYCHA’s West Chelsea redevelopment plans and the clock just ran out on a short-lived legal challenge from a former state senator.

A judge denied a recent challenge brought by former state Sen. Thomas Duane to block the public housing authority’s project, Crain’s reported. The judge declined to grant an injunction that would’ve halted the planned demolition and rebuilding of the Fulton and Elliott-Chelsea Houses.

In his ruling, the judge criticized the plaintiffs for their failure to bring the lawsuit sooner, claiming they knew demolition was imminent in late November, but took another month to file the complaint.

Late last month, Duane filed the lawsuit, claiming NYCHA’s plan for the site was illegal because it involves leasing the properties to Related Companies, ostensibly in violation of a state law dating back to 2010, which requires NYCHA to control the site.

The judge said the plaintiffs couldn’t “demonstrate they are likely” to win the case. An attorney for the plaintiffs said they would appeal.

NYCHA’s $2 billion plan to demolish and rebuild the pair of properties has run into several roadblocks.

In November, a judge refused to order two senior citizens residing in the Fulton and Elliott-Chelsea Houses to immediately vacate. Most of the residents are able to stay in place while work is done to build the forthcoming properties, but some are being asked to temporarily relocate and not all are willing, leading to a rash of lawsuits.

NYCHA and Related filed plans for a 12-story, 217-unit building at 401 West 19th Street over the summer.

The development team, also featuring Essence Development, is replacing more than 2,000 public housing units. They will also build retail and commercial space, as well as 3,500 mixed-income apartments, 1,000 of which will be put aside at affordable rates.

The Public Authorities Control Board recently approved the redevelopment of the first apartment tower, a project expected to cost $1.2 million per unit. NYCHA is still awaiting federal approval, which an attorney for the housing authority said could happen anytime.

— Holden Walter-Warner