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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Image Credit: LPC

The enhanced version of the map was released as a part of the #LoveNYCLandmarks initiative. On May 7, 2020, the Landmarks Preservation Commission released an enhanced version of their online interactive map, Discover NYC Landmarks. The online map shows the location of individual landmarks, interior landmarks, scenic landmarks, and historic districts in the City. The map also has detailed information for individual buildings located within historic districts. The enhanced version of the map is accessible on different devices and will now have additional search and filter functions.

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155 – 157 Meserole Street. Image Credit: Google Maps.

Neighbor alleged installation of windows in adjacent property interfered with use and enjoyment of his property. A disgruntled property owner claimed that his property was adversely affected when a neighboring building owner, 155 Meserole, LLC, installed new windows on its building. Leonard Sloninski, who owned the property adjacent to the 155 Meserole, LLC, complained to The Department of Buildings that the new windows lowered the value of his own building and prevented him from enjoying his property. Buildings issued a violation to 155 Meserole, LLC, charging that 155 Meserole, LLC had failed to obtain a permit to install the new windows. The Environmental Control Board dismissed the summons. Buildings appealed the decision, but the Office of Administrative Trials and Hearings affirmed the dismissal of the violation. (more…)