On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662. The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to … <Read More>
Search Results for: Construction
GUEST COMMENTARY: Demarest Be Damned
Landmarks decisions should not be made behind closed doors. Yet they are when the Landmarks Preservation Commission refuses to hold a hearing as it recently did with the Demarest Building.
Speed Up the Redesign and Modernization of Privately-Owned Public Spaces
Over half the existing plazas and other public spaces located on private property lack the benches, vegetation, artwork, lighting and other amenities required by the City’s zoning code or promised by the developers in return for permission to build taller and larger buildings, as reported by Comptroller Scott Stringer in an April 18, 2017 audit. Stringer recommended more inspections by the Department of Buildings to bring these privately-owned public spaces (so-called “POPS”) into compliance. But … <Read More>
Civil Rights Laws in New York: Strength in a Time of Change
Following the Presidential election and reports of increased discriminatory harassment, many Americans have expressed concerns that the federal government may weaken its enforcement of civil rights laws. For those of us who live, work or attend school in New York, it is important to know and to enforce the strong civil rights protections that exist under New York City and New York State law.
Both New York State and New York City have enacted Human … <Read More>
U.S. Attorney Bharara Teaches the State a Civics Lesson
The stunning 79-page federal complaint and arrest of Joseph Percoco and seven others by United States Attorney Preet Bharara focused on bribery and extortion, but the complaint also revealed a callous disregard of State conflicts of interest and procurement rules. These allegations were as serious as the federal criminal charges.
NYC Landmarks Law and Regulation of Open Space
The Landmarks Preservation Commission (LPC) has jurisdiction over both buildings and landscape features on landmarks sites. But the Commission rarely directly regulates changes to landscape features. For routine landscaping changes and in urban contexts, the landscape features are rarely a concern. In other cases the landscape takes on central importance. This is especially true where there where the existing landscaping and natural land features figure prominently in the beauty and importance of the site. In … <Read More>