Landlord student housing
State Supreme Court Justice Kevin Dowd dismissed a case filed against the city by landlord Gerry Ruggiero who called for the city Codes Department to revoke a Certificate of Zoning Occupancy for student housing at 5 Monroe Heights.
In 1978, the city passed zoning ordinances restricting the occupancy of a dwelling to no more than three unrelated individuals, but in 2003, the constitutionality of the law was challenged in subsequently repealed.
The property was purchased by landlords John DelVecchio and Chris Calabro in 1985 and was converted into student housing before Calabro became the sole property owner in 1986.
In August 2004, Calabro was issued a CZO for the Monroe Heights property, acknowledging it as a single dwelling “with a preexisting, nonconforming occupancy of 10 unrelated individuals allowed to reside in the unit.”
Last October, Ruggiero filed a complaint via email with the city zoning officer requesting the CZO be revoked, the matter be referred to the city Zoning Board of Appeals, or that he also be issued CZOs for his properties.