By Matt Behrens, Esq. A well-structured ground lease—i.e., a long-term, often 99-year, lease—is not just a document reflecting today’s environment. It is a roadmap and shield against tomorrow’s conflicts. Behind the sensational headlines of the United States Tennis Association suing New York City over the Queens Casino plan lies an important lesson in lease drafting:...

By Kory Salomone Navigating Zoning Overlay Districts in a Changing Development Landscape Zoning overlay districts are land use regulations that sit on top of an existing zone, allowing municipalities to respond to changing community needs, like climate change and economic revitalization, without overhauling their entire zoning framework. For local leaders exploring ways to attract investment...

By Brad K. Schwartz The idea of vested rights legislation in New York has come and gone over the years without the State Legislature voting on prior proposals. A vested right affords protection against zoning changes that would render a proposal impermissible. It incentivizes development by bringing a level of certainty to a risky land...

On October 1, 2024, the Title Insurance Rate Service Association, Inc. (“TIRSA”) adopted the Seventh Revision of the Title Insurance Rate Manual. TIRSA, which is licensed by the State of New York’s Superintendent of the Department of Financial Services, is responsible for developing, maintaining, amending, and updating the TIRSA Rate Manual, which is utilized by...

By Jaclyn V. Cohen Solar power and other renewable energy sources will play a critical role in meeting the aggressive, but necessary, clean energy goals recently set forth by New York State by the  Climate Leadership and Community Protection Act. Enacted in 2019, the Climate Act solidifies the State’s commitment to reducing greenhouse gas emissions...

By Sophie Coassin and Daniel M. Richmond New York State has amended the Freshwater Wetlands Act to significantly expand regulation and protection of wetlands, with key changes effective in 2025 and 2028. These amendments to Article 24 of the Environmental Conservation Law (ECL) were made in response to the deregulation of federal wetland protections based...

By Lee J. Lefkowitz Partition actions have long been a source of protracted litigation, particularly in cases involving large projects with multiple property owners or developers. A significant shift occurred in December 2019 with the adoption of the Uniform Partition of Heirs Property Act (UPHPA) in New York, heralding a new era of mediation and...

By David J. Cooper Public-private partnerships are a valuable tool to address New York’s housing crisis. It’s been just over a year since I published an article in the New York Law Journal concluding that this type of collaboration is crucial to finding solutions to the housing shortage that is driving young professionals out of...

Navigating the intricacies of land use approvals is only one piece of the puzzle when it comes to real estate development. Beyond securing permissions for a project, developers often face the daunting challenge of financing – a crucial factor that can make or break the feasibility of their endeavors. This is where Industrial Development Agency...