Professor Arthur S. Leonard.

The following is an op-ed in response to Professor Ross Sandler’s Commentary regarding mail-in ballots and the election. To read that piece, click here. 

I think Ross Sandler makes some very good points in this editorial on mail-in ballots.  I think, however, that we have an exceptional situation with this year’s election.  Part of the problem in thinking about the mail-in ballot issue is that it takes a fair amount of time to undertake the steps necessary to conduct mail-in voting on a large scale, especially in a jurisdiction where it hasn’t been done in the past.  We can’t know far enough in advance what the situation will be with the pandemic.

Ross Sandler, Center for New York City Law Director

Large numbers of people will vote by mail-in ballots this November because of Covid-19. Everyone should be concerned about the impact of mail-in ballots on democracy.

Eugene Travers. Image Credit: Eugene Travers/Kramer Levin

Governor Andrew Cuomo’s executive orders issued in response to the COVID-19 public health emergency halted non-essential construction throughout the City of New York. Many of the halted construction projects enjoyed land use approvals granted by City agencies, and the Governor’s orders did not toll the expiration dates of these approvals. (Update:) Subsequent to the construction shutdown, Mayor Bill de Blasio on April 29, 2020 issued an emergency executive order tolling the expiration dates of certain City land use approvals “for the duration of the [COVID-19] emergency.”  It remains to be seen if legislation will be adopted to provide a more permanent solution to address the time lost during the construction shutdown and the eventual remobilization period.  The New York State Senate passed a bill on May 27, 2020 that would allow the City to extend certain land use approvals issued before March 7, 2020 for up to 120 days beyond their stated expiration dates.*

Even with these measures, with limited exceptions, the approvals will expire after a period of time unless proactive measures are taken.  Developers and lenders should confirm the status of existing approvals, note their expiration dates (subject to any tolling), and apply for renewals as necessary.

This article describes the requirements to preserve the rights granted by some common land use approvals, and summarizes the expiration dates and renewal procedures for such approvals.

Ross Sandler, Center for New York City Law Director

The City aggressively attacks unsafe conditions for bike riders on the City’s streets and avenues, but less successfully attacks unsafe behaviors of bike riders. Unsafe conditions can mostly be engineered away, but unsafe behaviors require changes of a cultural nature. The City in 2019 experienced 28 bike rider deaths and more than 4,000 bike injuries. So far 2020 has experienced more bike injuries than in 2019. To make the City safer for bike riders, the City should aggressively enforce the traffic laws against vehicles, but also aggressively enforce the rules against bike riders who ride against traffic, ignore traffic signals, speed, or text and talk on phones while riding.

The Demarest Building, at 339 Fifth Avenue. Image Credit: Google Maps

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.

Ross Sandler, Center for New York City Law Director

The number of persons killed by contact with subway trains is truly alarming and, worse, consistent year to year. The victims include persons with severe mental problems and drug and alcohol addiction on the one hand, and, on the other hand, adventuresome youths who see romance and challenge in the subways’ dark tunnels, speedy trains and endless tracks. All the deaths are tragedies.