Public Advocate Jumaane Williams Image Credit: NYC City Council

Public Hearing hinges on interest rates and how property tax deferments affect the City budget. On June 18, 2020, the City Council officially introduced two bills that would defer July 1, 2020, property tax liabilities for COVID-19 impacted property owners. One bill addresses the tax liabilities of primary residences and the other addresses the tax liabilities of businesses affected by the pandemic. The bills were originally heard as preconsidered bills at the June 10, 2020, Committee on Finance public hearing.

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On May 25, 2020, George Floyd was killed by a Police Officer while in custody of the Minneapolis Police Department. Floyd’s death has garnered a national response and has sparked groups of individuals all across the nation to gather in streets, parks and open spaces to protest systemic racism, police brutality and the injustices felt by the black community.  Floyd’s death and several other similar events have reinvigorated the discussion on law enforcement policy, criminal justice reform and the right to public assembly. (more…)

Mayor Bill de Blasio at New York City first ever virtual bill signing Image Credit: Mayor’s Office

Local Law addressing personal liability provisions in commercial leases raises constitutional law discussion. On May 26, 2020, Mayor Bill de Blasio signed seven COVID-19 relief bills into law during New York City’s first ever virtual bill signing. Among the laws, Local Law 55 of 2020, sponsored by Council Member Carlina Rivera, temporarily prevents the enforcement of personal liability provisions in commercial leases or rental agreements involving COVID-19 impacted tenants.  The law also makes it a form of harassment to attempt or threaten to enforce personal liability provisions on the COVID-19 impacted tenant. Several of the bills were heard by their respective committees on April 29, 2020 and all were approved by their committees and the full Council on May 13, 2020.  To read CityLand’s prior coverage of the other COVID-19 Relief Bills and Local Law 55 at public hearing, click here. For the coverage of the Third Party Delivery Service bills and the Stated Meeting click here.

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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…)

Council Member Mark Gjonaj speaking at the May 13, 2020 virtual Stated Meeting Image Credit: City Council Livestream

Council Bills intended to support the restaurant industry and small business. On May 13, 2020 the New York City Council voted to approve two bills intended to restrict the amount of fees third-party delivery services can charge restaurants during the COVID-19 pandemic and restaurant closures. Intro 1898-A, which essentially prevents fees to restaurants when no actual transaction results, was approved with 47 votes in the affirmative and three votes in the negative. Intro 1908-B, which restricts third-party food delivery service fees to a maximum 15 percent per order, was approved by a vote of 46 votes in the affirmative and 4 votes in the negative.

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