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Zoning – Reasonable Accommodations Under the Fair Housing Act.

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more

Single and Separate and the Doctrine of Merger

Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.”  That is not entirely true.  An exception to the single and separate...more

Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court, Nassau County and granted the petitioner’s CPLR Article 78 challenge to the Town of North...more

Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patachogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village of Patchogue (the “Village”), in spite of statements made on the record by...more

Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners. In general, a split zoned parcel is a piece of land located in two or more zoning districts and divided by a zoning district boundary line. Often...more

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