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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Professor Andrew Scherer discussing housing law during the COVID-19 crisis. Image Credit: CityLand.
Watch CLE HERE, Password: 8O*9^24?
On June 1, 2020, the Center for New York City Law, the Center for Real Estate Studies and the Impact Center for Public Interest Law at New York Law School hosted a virtual CLE. The topic was “Housing Law and Policy in the Time of COVID-19.” The CLE was led by Professor Andrew Scherer. Anthony Crowell, Dean and President of New York Law School gave opening remarks. (read more…)
(Left to Right): Mayor Bill de Blasio, Department of Finance Commissioner Jacques Jiha, and Comptroller Scott Stringer./Image Credit: Office of the Mayor, Department of Finance, and Office of the Comptroller
The recommendation will also impact interest rates for small property owners not impacted by COVID-19. On May 13, 2020, the New York City Banking Commission recommended that the City Council create a new hardship exemption to eliminate interest on late payments for property taxes due in July for small property owners who faced financial hardship due to COVID-19. The Banking Commission is comprised of Mayor Bill de Blasio, Department of Finance Commissioner Jacques Jiha, and Comptroller Scott Stringer.
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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. (read 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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Governor Andrew M. Cuomo delivers briefing on Coronavirus pandemic. Image Credit: Governor’s Office
Advocates and industry leaders calling for more protections and more action from Governor. On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.28, extending the eviction moratorium through August 20, 2020. The moratorium prevents the filing of eviction proceedings against both residential and commercial tenants. The original eviction moratorium, came by way of Chief Administrative Judge Lawrence K. Marks on March 15, 2020, and was reinforced by Governor Cuomo’s Executive Order No. 202.8, on March 20, 2020. The March 20 order extended the eviction moratorium through June 20, 2020. Read CityLand’s initial coverage of the eviction moratorium here.
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