Shake Shack, 409 Fulton Street, Brooklyn. Credit: Google Maps

Shake Shack sued landlord to keep popular sidewalk café after landlord failed to re-approve permit. Downtown Brooklyn’s Shake Shack opened in 2010 at 409 Fulton Street. Shake Shack leased the location for a 20-year term with two 5-year renewal options from landlord Allied Property Group. In February 2011, Allied executed the required landowners’ consent to allow Shake Shack to obtain a Department of Consumer Affairs permit to operate a sidewalk cafe adjacent to the restaurant. Shake Shack’s sidewalk cafe became a neighborhood favorite and helped Shake Shack differentiate itself from other restaurants in the area.

Kingsland Homestead Image Credit; Queens Historical Society

Landmark’s works to make sure Kingsland Homestead’s designation is accurate. On May 19, 2020, the Landmarks Preservation Commission voted to calendar a proposed amendment that would update Kingsland Homestead’s landmark designation to its current location. Kingsland Homestead was built in 1785 on tract of land located near Block 5270 in Flushing, Queens. In 1965, the two-story home was designated as a landmark at 40-25 155th Street in Flushing. Shortly after, in 1968, Landmarks approved a Certificate of Appropriateness to move the landmark to its current Weeping Beech Park location. This amendment would update the landmark designation to 143-35 37th Avenue, the Weeping Beech Park address in Flushing. Timothy Frye, Director of Special Projects and Strategic Planning, presented the application to the commission.

(Left to Right): Mayor Bill de Blasio, Department of Finance Commissioner Jacques Jiha, and Comptroller Scott Stringer./Image Credit: Office of the Mayor, Department of Finance, and Office of the Comptroller

The recommendation will also impact interest rates for small property owners not impacted by COVID-19. On May 13, 2020, the New York City Banking Commission recommended that the City Council create a new hardship exemption to eliminate interest on late payments for property taxes due in July for small property owners who faced financial hardship due to COVID-19. The Banking Commission is comprised of Mayor Bill de Blasio,  Department of Finance Commissioner Jacques Jiha, and Comptroller Scott Stringer.

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.

New York City Mayor Bill de Blasio announcing beaches will be closed for swimming Memorial Day Weekend Image Credit: Mayor’s Office

“No swimming, no parties, no sports, no gatherings.” On May 17, 2020, New York City Mayor Bill de Blasio announced that the City will not open its beaches for swimming on Memorial Day weekend or in the foreseeable future. The Mayor explained during a press conference that despite this decision, people will be permitted to walk the beach so as long as they do not congregate. This weekend and going forward, beach patrons can expect a NYPD and Parks Department presence to enforce these measures. Closed sections of the beach will also be marked with signs and red flags.

City Island Bridge, Bronx. Credit: Wikimedia Commons/Jim Henderson

Tutor Perini sought §22,941,971.68 for a two-year delay caused by a court injunction. In 2013, Tutor Perini Corporation entered into a $102 million contract with the Department of Transportation to replace the City Island Road bridge that spans Eastchester Bay between the Bronx and City Island. A state court injunction delayed the construction of the bridge for two years and forced the redesigning of the bridge.