Earlier this month, New York Governor Hochul’s executive budget introduced a proposal for an updated 421-a Real Estate Tax Exemption Program. Referred to as “Affordable Neighborhoods for New Yorkers” and proposed under a different section of the State’s Real Property Tax Law (485-w), the Governor’s proposal follows the existing 421-a/Affordable New York program, with a few tweaks:
Continue Reading New York Governor Releases Updated 421-a Program
On Wednesday, July 14, at 10 am, the New York City Planning Commission (CPC) held its public hearing on the Department of City Planning’s proposed hotel special permit text . Over the past two months, the proposal has been considered by the City’s Borough Presidents and Community Boards, with a number of Community Boards voting in support, and a number of Community Boards voting against the City’s proposal to implement a special permit requirement for all new hotels. At the public hearing, the Commissioners received public comments regarding the proposal. A number of City Council Members, other elected officials, neighborhood residents, and a representative from the New York Hotel and Motel Trades Council, AFL-CIO (the union for hotel workers in New York) testified in support of the proposal. A number of other organizations, including the Regional Plan Association and the Downtown Brooklyn Partnership, testified against the proposal. Those who spoke against the proposal questioned its timing, cited lack of any evidence of problems caused by hotels in commercial districts, and noted that the proposal will likely result in significant detrimental economic impacts on the tourism sector and the City’s economy as a whole, given that it will likely slow or stop development of new hotels. Several Commissioners also mentioned the proposal’s probable economic impacts, and questioned its land use rationale, wondering why hotels should be subject to a higher level of scrutiny than other uses in the Zoning Resolution, the majority of which are not subject to a special permit process. Some of the Commissioners also suggested that the proposal should be modified, potentially to include a sunset provision or a geographic limitation. The Planning Commission’s vote will likely occur in August.
Continue Reading Full Summer Calendar at New York City Planning Commission: Hotel Special Permit, Gowanus Rezoning and More
On Monday, May 3, 2021, the New York City Planning Commission (CPC) “referred” the Department of City Planning’s (DCP) proposed zoning text that would mandate a Special Permit for all
Continue Reading NYC Proposed Citywide Hotel Special Permit Moves into the Public Review Process
Not your average game of patty-cake! Earlier this week, New York’s First Department, Appellate Division issued its decision related to 200 Amsterdam,[1] overturning the lower court’s decision which would have required 200 Amsterdam to remove several floors of its building in order to comply with zoning. The lower court determined that the NYC Zoning Resolution did not permit a developer to utilize a portion of a tax lot to merge with a neighboring zoning lot.
Continue Reading Build Me A Building As Fast As You Can
In follow up to the New York City Department of City Planning’s (DCP), January 22nd, public hearing on the Draft Scope of Work for the City’s proposed Hotel Special Permit text amendment, there were several speakers both in support of and in opposition to the proposed legislation. Of note, were five elected officials who testified in support of the Hotel Special Permit, with a unified message, that the development of hotels takes away opportunities for affordable housing in this City, and therefore, hotels must be regulated at a higher level than other uses. Generally, the opposition cited to the City’s failure to provide a land use rationale for the Draft Scope of Work, the lack of any defined issue or specific policy objective that this proposed Hotel Special Permit seeks to address and the potential impact of the proposed Hotel Special Permit on the City’s economic recovery.
Continue Reading City Planning Holds First Public Hearing for its Citywide Hotel Special Permit Text
This past week, in a 4 to 3 decision, New York’s highest court – the Court of Appeals – decided an important New York City land use question regarding how “open space” is accessed by residents on a zoning lot with multiple buildings In the Matter of Randy Peyton, et al v. NYC Board of Standards and Appeals, et al. This rollercoaster ride ended with the Court of Appeals overturning the First Department, Appellate Division’s decision, and ultimately agreeing with the NYC Department of Buildings original application of the law, which was affirmed by the quasi-judicial NYC Board of Standards and Appeals (BSA). The Court of Appeals determined that open space available for use by residents of one building, such as a rooftop garden, does not need to be accessed by residents in other buildings when the buildings are part of a single zoning lot in order to satisfy zoning “open space” requirements, putting to rest this controversial question.
Continue Reading NY Court of Appeals Decides Who Gets Access to Required “Open Space”
The New York City Department of City Planning (DCP) has scheduled a public scoping meeting for Friday January 22, 2021 for the Citywide Hotel Text Amendment. The Citywide Hotel Text Amendment seeks to establish a new City Planning Commission special permit for new and enlarged transient hotels, motels, tourist cabins, and boatels in districts where such uses are currently allowed as-of-right, including C1, C2, C4, C5, C6, C8, Mixed-Use (MX), and paired M1/R districts. The new hotel special permit would require new hotels and other transient uses to go through ULURP, the city’s land use review process. The proposed text amendment would retain existing regulations for hotels in M1 districts where a special permit was previously adopted in December 2018. The draft scoping materials state that DCP is also evaluating changes to the Zoning Resolution’s discontinuance provisions for existing commercial hotels in all zoning districts citywide, to consider allowing hotels that are currently closed due to conditions created by the COVID-19 pandemic to retain their legal transient use status, as-of-right, until after demand recovers.
Continue Reading City Planning Announces Citywide Hotel Special Permit Text
The New York City Council, under Speaker Corey Johnson, announced this week the release of a proposal for “A New Comprehensive Planning Framework for New York City,” to support equitable, inclusive growth, and citing the City’s current “planning framework, or lack thereof, [as being] inherently flawed.” The report was released in tandem with legislation introduced by Speaker Johnson at the Council’s December 17 stated meeting (Int 2186-2020), requiring a 10 year comprehensive planning cycle.
Continue Reading NYC Council Announces Land Use Overhaul
Today, New York City Mayor Bill De Blasio announced the long-awaited date for the City’s land use process (the Uniform Land Use Review Procedure, or ULURP) to be officially restarted with the City Planning Commission’s first public review session scheduled for August 3, 2020 and the first public hearing scheduled for August 5, 2020. All meetings , including Community Board, Borough President and the City Council, will take place virtually until further notice. Information on public hearing schedules for the City Planning Commission, and how to participate in public hearings can be found at NYC Engage.
Continue Reading ULURP Clock Restarted