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…)

Citi Bikes at a Citi Bike Docking Station./Image Credit: CityLand

The expansion will allow more essential workers to use Citi Bikes during the COVID-19 pandemic. On April 30, 2020, Mayor Bill de Blasio, Department of Transportation Commissioner Polly Trottenberg, and Lyft announced that Citi and Mastercard had committed $1 million to expand the Citi Bike Critical Workforce Membership Program. The program was created by Citi Bike, Mayor Bill de Blasio, and the Department of Transportation to provide essential healthcare and transit workers a free one month Citi Bike membership. Under the expansion, the program would extend the one-month membership and will allow more categories of essential workers to apply for the program. 

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Youtube Upload of Brooklyn Community Board 10’s April Board Meeting Image Credit: Youtube, Brooklyn CB10

Community Boards working to stay optimistic through adversity. In response to the COVID-19 outbreak, New York Governor Andrew Cuomo shut down non-essential business throughout the state. The order effectively hamstrung the physical operation of many governmental and administrative offices. Community Boards, the closest representative body of a City district, have generally completed their many responsibilities through public assembly. Responsibilities include land use and zoning review, and other general community concerns such as traffic or deteriorating housing.

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Office of Administrative Trials and Hearings Image Credit: OATH

OATH to continue virtual operations as COVID pandemic lingers. On April 7, 2020, Chief Administrative Law Judge, Hon Joni Kletter issued an administrative order continuing the temporary suspension and modification of laws related to the COVID-19 outbreak in New York City. The order directs that the Office of Administrative Trials and Hearings’, the body responsible for adjudicating for all City agencies, remain physically closed until at least May 4, 2020. The Office of Administrative Trials and Hearings, locally referred to as “OATH,” will accommodate rescheduling requests, and for eligible summonses, provide a telephonic hearing option. To view OATH’s online hearing platform click here.

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Image Credit: LPC

The decision to hold virtual hearings and meetings is in response to the COVID-19 public health emergency.  On April 21, 2020, the Landmarks Preservation Commission will begin holding virtual public hearings and meetings. Landmarks will be holding its hearings and meetings through Zoom, a video-conferencing application. Public hearings and meetings will also be live-streamed for the public on YouTube.

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