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. (more…)

Governor Cuomo addressing the COVID-19 Crisis Image Credit:
Mike Groll/Office of Governor Andrew M. Cuomo

All construction permits will need to be active and renewed during the suspension period.  On March 30, 2020, the Department of Buildings announced that all work on non-essential construction and demolition sites is suspended for the duration of the COVID-19 public health emergency. Buildings made the decision to suspend such construction and demolition following Governor Andrew Cuomo’s amended executive order and the Empire State Development Corporation’s guidelines. The executive order, which required non-essential businesses and nonprofits to limit in-person work to curb COVID-19 transmission, was amended on March 27, 2020 to include the suspension of all non-essential construction.

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Image credit: NYC Department of Parks & Recreation.

Upgrades were designed with community input. On February 25, 2020, the Parks Department announced the beginning of a reconstruction project of Hart Playground in Woodside, Queens. Hart Playground is located on the block between Broadway to the north, 37th Avenue to the south, 65th Street to the west and 69th Street to the east.  (more…)

Department of Design and Construction Logo Image Credit: DDC

Contracting for the construction of the Borough-Based Jails under way. On February 4, 2020, the Department of Design and Construction announced the issuance of four Request for Qualifications for the Design-Build teams that might construct the new borough based jails.  The four jails will be located at 24-125 White Street in Manhattan, 745 East 141st Street in the Bronx, 126-02 82nd Avenue in Queens and at 275 Atlantic Avenue in Brooklyn.

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Proposed rendering of 324 Macon Street as it appears on the Macon Street streetscape./Image Credit: Gerald J. Caliendo Architects

The applicants and Landmarks staff will work together to modify details for the proposed building. On December 3, 2019, the Landmarks Preservation Commission voted to approve a certificate of appropriateness to construct a new three-story residential building on a vacant lot at 324 Macon Street, Brooklyn, located within the Bedford Stuyvesant/Expanded Stuyvesant Heights Historic District.

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