New York Archives - Page 9 of 9

No Room at the Inn – New York Closes the Door on Illegal Hotels

Posted in Development/Redevelopment / Transactional Real Estate and Leasing

On August 12, 2010

On July 23, 2010, Governor David Patterson signed into law, legislation that amends the New York State Multiple Dwelling Law to define permanent and transient occupancy. The new illegal hotel law forbids most residential apartment units to be rented out for stays less than 30 days. This legislation may be a reaction to City of New York v. 330 Continental LLC, a 2009 Appellate Division – First Department holding, which relied on the fact that the critical terms “transient” and “permanent” are not defined in either the Multiple Dwelling Law or the New York City Zoning Resolution.

New York Land Use Litigants Beware Injunctive Relief Must Be Sought to Preserve the Status Quo While an Appeal is Pending

by Gibbons P.C.

Posted in Development/Redevelopment

On July 30, 2010

In Matter of John G. Molloy, et al, the New York Appellate Division, Second Department reminds us that it is critical to preserve the status quo during the pendency of an appeal by moving for a preliminary injunction. Failure to do so resulted in the dismissal of an Article 78 proceeding challenging the grant of a use variance by the Town of Carmel Zoning Board of Appeals to the Putnam Arts Council, a not-for-profit organization, permitting it to operate in a residential zone. Appellants’ failure to preserve their rights during appellate review allowed construction of the new arts center to be completed and a certificate of occupancy to be issued thereby resulting in dismissal of the appeal as academic when it was eventually heard by the Appellate Division.

New York City Increases Penalties for Illegal Dumping

by Gibbons P.C.

Posted in Environmental and Green Issues

On March 10, 2010

On March 3 the City Council of New York approved legislation designed to deter illegal dumping into the city’s waterways. The measure increases the maximum penalty for illegally dumping such materials as dirt, sludge, acid, or any other “refuse matters” from $250 to $10,000 for a first violation and $20,000 for subsequent violations.

How Dirty Is Dirty? Court of Appeals Says Even Minimally Contaminated Sites Can Qualify for New York Redevelopment Incentives

by Gibbons P.C.

Posted in Development/Redevelopment / Environmental and Green Issues

On March 9, 2010

The tables were turned in a case decided by the New York Court of Appeals on February 18. In a reversal of their usual roles, an upstate developer argued that its properties were contaminated, while the Department of Environmental Conservation (DEC) argued that the sites did not require remediation. The court agreed with the developer, and the result could mean significant tax credits for potential redevelopers of contaminated sites throughout the state.

Tagged: New York

No Room at the Inn – New York Closes the Door on Illegal Hotels

New York Land Use Litigants Beware Injunctive Relief Must Be Sought to Preserve the Status Quo While an Appeal is Pending

New York City Increases Penalties for Illegal Dumping

How Dirty Is Dirty? Court of Appeals Says Even Minimally Contaminated Sites Can Qualify for New York Redevelopment Incentives

About Gibbons

Keyword/Tag Search

Subscribe

Archived Blog Posts

Categories