UPDATED: Work on apartment tower to continue after appeal

NOTE: This article was written for and previously appeared in an issue of CityLaw earlier this year, and was chosen for publication to CityLand prior to the issuance of a recent appeal decision that has now overturned this case. Please wait for future coverage of this issue.

Developer received permit to build record-setting skyscraper on the West Side of Manhattan. In November 2017, Extell Development Company unveiled plans to build a massive residential tower for … <Read More>

Comment on Peyton v. NYC BSA

On December 17, 2020, by a 4-3 decision and over a strong dissent, the Court of Appeals reversed the decision of the Appellate Division in Peyton v. NYC Board of Standards and Appeals, 2020 N.Y. Slip Op. 07662.  The decision is an unseemly show of deference to the Board of Standards and Appeals, a body that is widely viewed as captive to the real estate industry, on a pure question of law as to … <Read More>

Council Holds Hearing on DOT COVID-19 Response

Council looks to revamp the private street mapping process in hopes of addressing private streets in disrepair. On September 8, 2020, the City Council Committee on Transportation held a public hearing on the Department of Transportation’s response to COVID-19, the Open Streets Program, and two introductory bills. The bills would effectively establish permit requirements for the mapping of private streets and additionally provide for their maintenance. The bills are sponsored by Council Members Steven Matteo, … <Read More>

ULURP Remains Suspended, What Next?

Why did ULURP remain suspended when so many City agencies and public bodies took to virtual operations? On March 16, 2020, the Department of City Planning announced that, pursuant to an executive order from Mayor Bill de Blasio, the Uniform Land Use Review Procedure and all relevant public hearings and votes were suspended as a result of the COVID-19 pandemic. Since the suspension, Community Boards, Borough Presidents, and the City Council have virtually convened to … <Read More>

UPDATED: Construction Shutdown: Preserving Land Use Approvals

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 … <Read More>