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Proposed FRESH Food Stores Update (FRESH II)

The Department of City Planning (DCP) has proposed text amendments to modify and expand the existing Food Retail Expansion to Support Health (FRESH) program under ZR 63-00 for neighborhood grocery stores and supermarkets...more

Elevate Transit: Zoning for Accessibility

The Metropolitan Transportation Authority (MTA) and the Department of City Planning have proposed a citywide zoning text change designed to increase transit station accessibility (Zoning for Accessibility). The text was...more

New Zoning for SoHo/NoHo is Finally on its Way

On May 17, the City Planning Commission (CPC) certified the SoHo/NoHo Neighborhood Plan (the Plan), which would replace outdated zoning regulations that preclude residences, including affordable housing, and severely restrict...more

Controversial Citywide Hotel Special Permit Enters Public Review

On May 3, 2021, the City Planning Commission referred out for public review a zoning text amendment that would require a special permit for the creation or material enlargement of transient hotels (Zoning Use Group 5) and...more

Zoning and Land Use: A Tale of Two Cities?

Continuing a trend reported in our Sept. 9, 2020 alert (“Zoning and Land Use: Turning the World Right-Side Up Again”), the Appellate Division for the First Department, which exercises appellate jurisdiction over courts in...more

Mayor de Blasio Proposes Zoning Changes Intended to Promote the City’s Recovery

On March 9, 2021, Mayor Bill de Blasio announced a series of proposed citywide zoning text amendments intended to incentivize the creation of local grocery stores, boost transit station accessibility, and ease administrative...more

The Governor’s Proposed Commercial Conversion Initiative

On Jan. 19, 2021, Governor Andrew M. Cuomo proposed an amendment to Section 277 of the New York State Multiple Dwelling Law (MDL) that would “authorize flexibility in zoning to address high commercial vacancy rates and...more

NYC CPC Certifies Zoning for Coastal Flood Resiliency Proposal for Public Review

On Oct. 19, 2020, the City Planning Commission certified for public review a proposed citywide text amendment known as Zoning for Coastal Flood Resiliency (ZCFR). The proposal seeks to update and make permanent those zoning...more

We Can Work It Out: Overcoming Obstacles to Real Estate Workouts

Real estate lenders and borrowers everywhere are trying to figure out what to do with properties that are either sitting vacant or underperforming pre-pandemic expectations. In New York, a number of mezzanine foreclosures...more

NYC DCP Releases Details on SoHo/NoHo Rezoning Proposal

The New York City Department of City Planning (DCP) provided greater detail on its proposal to rezone nearly 56 blocks of the SoHo and NoHo neighborhoods of Manhattan, which includes the following key features...more

New York City Unveils its Open Storefronts Program

The New York City Open Storefronts Program will allow existing ground-floor storefront businesses to conduct business activity on sidewalks and on roadways that are part of the Open Streets: Restaurants program. ...more

Zoning and Land Use: Turning the World Right-Side Up Again

This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in...more

Real Estate Loan Purchases: Questions to Ask Before Finalizing a Deal

In an environment where real estate values are fluctuating and cash flows are difficult to predict, it is more important than ever to apply a comprehensive perspective when considering the purchase of real estate loans....more

COVID-19: Effect on New York City Land Use and Development Issues

Kramer Levin’s Land Use Department is continuing to monitor developments with respect to COVID-19 and its impact on land use approvals, site assemblage and development, and the real estate industry in general. ...more

Citywide Mechanical Voids Text Amendment

On May 29, 2019, the City Council adopted a zoning text amendment to count certain mechanical voids as zoning floor area in residential towers. The amendment does not prohibit any mechanical space outright; instead, it...more

Special Permit Now Required for Hotels in M1 Districts; Office Restrictions Lifted in Garment Center

On Dec. 20, 2018, the City Council adopted a zoning text amendment to require a special permit for the development of a transient hotel (Use Group 5) in M1 districts. ...more

Conforming the 421-a and MIH Programs

Many of our clients have asked us how they can avail themselves of the state’s revamped 421-a tax exemption program — the Affordable New York Housing Program — on a project that is also subject to the city’s Mandatory...more

New 421-a Legislation

The recently adopted state budget bill included the long-awaited revisions to the 421-a program. These amendments to the Real Property Law, dubbed the “Affordable New York Housing Program,” provide partial exemptions from...more

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