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. (read more…)

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. (read more…)

Director of DCP Marisa Lago holds review session as the sole Commissioner in physical attendance on March 16, 2020.  Other Commissioners attended the meeting remotely, in an attempt to keep the ULURP process moving before Mayor de Blasio’s Executive Order was signed. Image Credit: NYC CPC

The executive order freezes land use applications so public meetings do not need to occur. On March 16, 2020, Mayor Bill de Blasio signed Emergency Executive Order #100, which laid out several steps of the City’s response to the coronavirus outbreak. In the interest of limiting public gatherings to reduce the spread of the coronavirus, Emergency Executive Order #100 freezes land use applications that have a timed review or vote requirement. This includes applications within the Uniform Land Use Review Procedure (ULURP) as well as applications before the Landmarks Preservation Commission. The Emergency Executive Order also waived the City Charter’s requirement to hold at least two City Council stated meetings per month. As a result, Landmarks, community boards, Borough Presidents, the City Planning Commission and the City Council do not have to meet to take action on active land use applications.  (read more…)

200 Amsterdam Avenue Rendering Image Credit: SJP Properties

Advocates applaud decision while developers find decision deeply flawed. On February 15, 2020, the Committee for Environmentally Sound Development and the Municipal Art Society of New York,  won an Article 78 case regarding the construction of a 668 foot, 52-story condominium building located at 200 Amsterdam Avenue on the Upper West Side of Manhattan. New York County Supreme Court Justice W. Franc Perry’s ruling requires the Department of Buildings to revoke the building permit and compel the developers, SJP Properties and Mitsui Fudosan America, to remove the floors that exceed what is permitted under the Zoning Resolution.

(read more…)

Top Image: Council Member Fernando Cabrera/Image Credit: Jeff Reed
Bottom Image: Council Member Ben Kallos/Image Credit: John McCarten

The four proposed bills would provide the community and elected officials with the tools to make informed decisions about developments in their neighborhoods. On September 26, 2019, the City Council’s Land Use and Governmental Operations Committees held a hearing on four proposed bills that will increase transparency regarding new developments in the City, specifically with the transfer of development rights and testimony at the Board of Standards and Appeals. The four bills are a response to the recent development of supertall out-of-context skyscrapers in the City and the lack of information provided to the community during the development process.

(read more…)

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CityLand tracks these applications through the review process to a final decision. The majority of these decisions are available on the Center for New York City Law’s CityAdmin database (found at www.CityAdmin.org).

To view the New Filings and Decisions chart for September 2017, click here.