Image of current districts under the FRESH program. One of the Mayor’s proposed zoning amendments will expand the FRESH program in outer boroughs. Image Credit: NYC DCP

The zoning proposals include allowing gyms and spas to open as-of-right. On March 9, 2021, Mayor Bill de Blasio announced several proposed zoning changes to support small businesses, create more groceries stores and improve accessibility across the city. The zoning proposals will enter the public review process later this year. (more…)

Part of Park West Village. Image Credit: Google Maps

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 which no deference is owed.  The City Council should follow the lead of the U.S. Congress, which, in the Dodd-Frank Act, legislated a less deferential standard of review for certain actions of an agency widely deemed captive to the industry it is supposed to regulate. (more…)

Council Member Steven Matteo Image Credit: City Council

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, Joseph C. Borrelli and Robert Holden at the request of Staten Island Borough President James Oddo.

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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 tend to other matters but have not addressed any new or pending ULURP applications. Meanwhile, City Planning has accepted filings, but has yet to certify any new applications until the suspension is lifted. To read CityLand’s initial coverage of the ULURP suspension, 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…)