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…)
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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Governor Cuomo addressing the COVID-19 Crisis Image Credit:
Mike Groll/Office of Governor Andrew M. Cuomo
All construction permits will need to be active and renewed during the suspension period. On March 30, 2020, the Department of Buildings announced that all work on non-essential construction and demolition sites is suspended for the duration of the COVID-19 public health emergency. Buildings made the decision to suspend such construction and demolition following Governor Andrew Cuomo’s amended executive order and the Empire State Development Corporation’s guidelines. The executive order, which required non-essential businesses and nonprofits to limit in-person work to curb COVID-19 transmission, was amended on March 27, 2020 to include the suspension of all non-essential construction.
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Governor Cuomo addressing the COVID-19 Crisis Image Credit:
Mike Groll/Office of Governor Andrew M. Cuomo
Governor Cuomo further encouraging New Yorkers to telecommute and stay home. On March 18, 2020, the Empire State Development Corporation issued guidance for Governor Andrew Cuomo’s Executive Order Number 202.6, which requires that to the maximum extent possible, all businesses and not-for profit entities throughout the state utilize work from home and telecommuting procedures. This executive order comes as an update to Executive Order 202, which, on March 7, 2020, declared a state of emergency over the COVID-19 outbreak.
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Cadman Plaza Park, Brooklyn, almost completely empty on a sunny spring day. Image Credit: CityLand
Team sports are prohibited and recreation centers are currently closed to the public, but parks remain open. City and State governments continue the fight to control the spread of the coronavirus, instituting policies to encourage and enable as many people to stay at home as possible. Understanding the challenges of asking citizens to spend as much time as possible indoors as the weather continues to improve, the City aimed to keep City parks open as an outlet for physical exercise. (read more…)
NYS Unified Court System Logo Image Credit: NY Courts
REBNY, Legal Aid and all parties united against evictions during Corona outbreak. On March 15, 2020, the New York State Court System issued an indefinite moratorium on eviction proceedings, effectively allowing many people and families throughout the state to stay in their homes and off the streets or in shelters. Tenant advocates and numerous elected officials argued housing insecurity and homelessness will only exacerbate the COVID-19 threat. The proceedings which a New York City Housing Court might now hear, will be limited to landlord lockouts, serious housing code violations and repair orders. Chief Administrative Judge Lawrence K. Marks’ memorandum also limits other types of “non-essential” proceedings to assure the operation of the courts in the safest possible manner for the public and court employees.
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