Temporary Restraining Order Halts Tower Development at 626 Flatbush Avenue

May 30th, 2014, Brooklyn, NY—Justice Peter Moulton this afternoon ordered that the developers of a 23-story residential tower in Prospect Lefferts Gardens stop laying the foundation of the building pending his decision on a lawsuit filed by residents and community groups. The judge issued a temporary restraining order against Hudson Companies and Lettire Construction company after opponents of the tower argued that it violated state environmental laws.

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“Our clients are pleased that the judge has recognized the potential this tower has to cause irreparable harm to the surrounding community,” said Rachel Hannaford, Senior Staff Attorney at Legal Services NYC’s Brooklyn program, which represents the petitioners alongside law firm Wilmer Cutler Pickering Hale and Dorr LLP. “We understand a TRO of this nature is rare and that its effect will be immediate and powerful.”

David B. Bassett, Partner at WilmerHale, adds, “Our clients hope this decision will encourage Hudson to listen to their concerns, and be open to a more socially and environmentally responsible alternative.”

Residents and community groups in Brooklyn’s Prospect Lefferts Gardens neighborhood filed suit in December, asking that the development of the residential tower in their low-rise, mixed income neighborhood be halted. The lawsuit against the New York State Housing Finance Agency, Hudson Companies Incorporated (a private real estate development company), and other defendants contends that more than $72 million in public funds were approved for the development without the proper environmental impact study required by state law.

Community residents and organizations have formed a coalition to fight the development of the high rise luxury tower. The Prospect Park East Network (PPEN) is not opposed to new construction, but does ask that the development be contextual and respectful of the existing architecture and environment in the neighborhood. Petitioners also include the Flatbush Development Corporation, the Flatbush Tenant Coalition, the Prospect Lefferts Gardens Neighborhood Association (PLGNA), and six individual community residents.

While the area has always been mixed-income, the addition of the tower would change the rental market so that long-time residents living on fixed incomes would not be able to afford to stay. The new residents who would occupy the luxury tower would impact the nature of local businesses which have long served the economically and ethnically diverse community. Low-income tenants and businesses would be priced out of the neighborhood.

Read more about the lawsuit here.

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