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A stretch of West 73rd Street between Columbus and Amsterdam Avenues has become the center of a mounting dispute involving restaurant operations, tenant dissatisfaction, and questions over compliance with city permits and codes, according to a recent Curbed report.
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At the heart of the controversy is Arte Cafe, an Italian restaurant with backyard dining that residents say has become a significant noise source in the neighborhood. The restaurant, along with several adjacent buildings, is owned by Robert Malta, who runs New York City Restaurant Group. In addition to Arte Cafe, Malta also owns El Coco, a Mexican restaurant nearby, and the residential buildings at 110, 112, and 114 West 73rd Street. His dual role as both restaurateur and landlord has complicated the situation for tenants who say they feel trapped between an unresponsive landlord and an unregulated neighbor — even when both are the same entity.Many residents have complained about excessive noise from backyard events at Arte Cafe, citing disruptions from DJ sets, speeches during wedding rehearsals, and late-night activity that continues well into the evening. Tenants say the sound travels through the buildings’ courtyards, creating an echo chamber that renders apartments nearly unlivable on certain nights. The impact, they add, isn’t limited to Malta’s buildings — neighboring co-op and condo owners have also raised concerns.
One such building, 105 West 72nd Street, located directly behind Arte Cafe, has seen numerous complaints from residents, prompting a board member to engage with the city’s MEND (Mediating Establishment and Neighborhood Disputes) program in an attempt to resolve the issues. According to Curbed, Malta declined to personally participate in mediation sessions and instead sent managers in his place. Promises to mitigate the noise, such as reducing music volume, allegedly went unfulfilled.
Alongside the noise complaints are longstanding allegations of poor maintenance in Malta’s buildings. Tenants have reported issues such as persistent leaks, pest problems, and faulty plumbing. In one case, a tenant discovered that the building’s former trash room had been repurposed as a food prep area, seemingly for Arte Cafe. Other complaints include shared laundry facilities across multiple Malta-owned buildings and a total of 116 open violations filed with the NYC Department of Housing Preservation and Development.
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The Department of Buildings has also cited 110 West 73rd Street — the townhouse connected to Arte Cafe — for eight violations, including illegal occupancy in the rear yard. Malta has reportedly attempted to demonstrate compliance by issuing a letter from himself as the landlord to the restaurant entity (also himself), ordering the cessation of use of the rear space. Critics have pointed to this maneuver as emblematic of the blurred lines and lack of accountability in the situation.In September, Malta sought approval from Community Board 7 to retroactively legalize restaurant seating in the basement and prep activity in the cellar of 110 West 73rd Street. The special permit for the basement had expired in 2019, and the cellar use was never formally approved. During the meeting, which drew a large number of concerned residents, board members cited a consistent pattern of non-compliance and significant community pushback. Testimony included reports of overnight garbage pickups, a high tenant turnover rate due to noise, and fear among current residents who worried about landlord retaliation.
The board ultimately voted on October 7 to reject Arte Cafe’s application, though it noted Malta could reapply after resolving the open violations. A statement from the board described Malta’s actions as showing a “flagrant disregard” for previously imposed conditions and safeguards.
While Malta has stated that the rear yard is now sealed off and claimed to have provided photographic evidence to the board, community representatives say no such documentation has been received. Neighbors have circulated their own photos showing the continued use of the backyard space, including the recent installation of a retractable awning.
As the application moves through Board of Standards and Appeals (BSA) hearings, it remains uncertain whether the neighborhood will see meaningful change. Some residents expressed disappointment, noting that they once enjoyed Malta’s establishments. But with growing tensions between hospitality and habitability, what was once a “charming” block has, for many, become a symbol of overreach and imbalance.
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