New York Court of Appeals
In the Matter of Raritan Development Corp., Appellants v. Gaston Silva, Respondents
October 28, 199791 N.Y.2d 98
Summary
The New York Court of Appeals reversed the Appellate Division and held that the plain meaning of Zoning Resolution § 12‑10 requires that cellar space be excluded from the floor‑area numerator of the floor‑area ratio, regardless of whether the cellar is used as a dwelling. The Court declined to defer to the Board of Standards and Appeals’ contrary interpretation, applying a de novo review of the statutory language. It emphasized that the amendment to the zoning code expressly removed any qualification tied to residential use, and that the purpose of FAR limits is to control building density, not to permit underground dwelling units to escape regulation.