US Laws, Codes, Statutes & Cases

 
    § 3021. Hardship appeals panel.
    1. Definitions. For the purposes of this section,
    (a)  "Panel"  means the hardship appeals panel established pursuant to
  subdivision two of this section.
    (b) "Commission" means the landmarks preservation commission.
    2. (a)  There  is  hereby  established  the  hardship  appeals  panel,
  independent  of  the commission, to consist of five members appointed by
  the mayor with the advice and consent  of  the  council  in  the  manner
  specified  in  section  thirty-one  of  this  charter.  No more than two
  members of the panel shall be residents of the same borough.
    (b) The term of each member shall be three years,  provided,  however,
  that  of  the  members first appointed on or after the effective date of
  this section, two shall be appointed for a term of  two  years  and  one
  shall be appointed for a term of one year.
    (c) The mayor shall designate one member to be chair.
    (d)  The  members  shall  serve  without  compensation  but  shall  be
  reimbursed for actual and necessary expenses incurred in the performance
  of their duties.
    3.  The  panel  shall  review  appeals  from  determinations  of   the
  commission  denying  applications  for  certificates of appropriateness,
  based on the grounds of hardship,  to  demolish,  alter  or  reconstruct
  improvements  that  are  exempt  from real property taxes, provided that
  such appeals may be brought only with respect to applications made under
  applicable law on the grounds of hardship applicable only to  tax-exempt
  properties.    Notwithstanding  the foregoing provision, the panel shall
  not have jurisdiction to review such appeals if  a  judicial  proceeding
  for review of such determination of the commission has been commenced.
    4. A proceeding for review pursuant to this section shall be commenced
  by  filing a notice of appeal and petition. A notice of appeals shall be
  filed with the panel and the commission no  more  than  forty-five  days
  after  the  date  that  notice of the determination of the commission is
  served upon the appellant. A petition and any  supporting  memoranda  of
  law shall be filed with the panel and the commission no later than sixty
  days  after  the  date  on which the notice of appeal was filed with the
  panel and the commission. Upon the filing of a petition, the panel shall
  obtain from the commission the record  of  the  proceedings  before  the
  commission  relating  to the matter to be reviewed. The commission shall
  have the opportunity to file with the panel responsive memoranda of  law
  within  thirty  days  after  receipt  of  the  petition  and  supporting
  memoranda.  Any  other  submissions  to  the  panel,   including   reply
  memoranda,  shall  be filed in accordance with a schedule established by
  the panel. Notwithstanding the foregoing  provisions,  with  respect  to
  applications  described  in  subdivision  three of this section that are
  denied by the commission  after  the  first  day  of  January,  nineteen
  hundred  ninety  and  prior  to  the  effective date of this section the
  notice of appeal and petition shall be filed  with  the  panel  and  the
  commission  no  more  than  sixty  days after the effective date of this
  section.
    5. The panel shall review the petition, consider the arguments made in
  the memoranda submitted to it, afford the  parties  the  opportunity  to
  present oral argument, and review the record of the commission including
  the  statements  of  those  who  appeared  before  the  commission,  the
  documents in the record, including materials prepared by members of  the
  commission,  staff  and  their consultants, the statements of members of
  the commission and staff in the record and  the  findings  of,  and  the
  reasons  given by, the commission for its determination. The panel shall
  not substitute its own judgment for that of the commission. It shall not
  take testimony or consider any evidence  that  was  not  in  the  record

  below. If the panel finds that the determination of the commission has a
  rational basis supported by substantial evidence in the record, it shall
  affirm  the  determination of the commission; otherwise it shall reverse
  the  commission's determination and remand the matter to the commission,
  which shall then  issue  a  preliminary  determination  of  insufficient
  return  and  take  such  steps  as  are  provided  by law following such
  preliminary determination.
    6. The appellant or the commission may commence a judicial  proceeding
  for review of a determination of the panel.
    7.  The panel shall render a determination expeditiously. If the panel
  does not render a determination within ninety days after the date of the
  filing of the petition, the petitioner at his or her option may agree to
  an extension of time for such determination or may withdraw his  or  her
  petition.  If the petitioner chooses to withdraw the petition, the panel
  shall  no  longer  have  jurisdiction  to  hear  the  appeal   and   the
  determination  of  the commission described in subdivision three of this
  section shall be considered final  and  shall  be  subject  to  judicial
  review as provided by law.
    8.   Any   determination  of  the  panel  reversing  the  commission's
  determination and remanding the matter shall be stayed pending the final
  resolution of any judicial proceeding for review of the determination of
  the panel.
    9. Nothing in this section shall be construed to affect the provisions
  of law  and  procedures  governing  determinations  of  the  commission,
  including,  but  not  limited to, the nature and conduct of hearings and
  the burdens of proof, that are  otherwise  provided  for  under  chapter
  three  of  title  twenty-five  of  the administrative code and any rules
  promulgated thereunder and any judicial interpretations thereof,  or  to
  affect  the  standards  provided  in  law  for  judicial  review  of any
  determination of the commission or panel.
    10. Nothing in this section shall be construed  to  require  a  person
  aggrieved  by  a  determination of the commission to appeal to the panel
  prior  to  commencing  a  judicial  proceeding  for   review   of   such
  determination.
    11.  The  panel may adopt such rules of procedure consistent with this
  section as are necessary to carry out the provisions of this section.