• James P. Power advises private developers, lenders, investors and cultural, educational and health care institutions on real estate development and land use issues in New York City, including zoning and municipal law and the land use and environmental review processes, and practices before various city agencies. Jim assists clients with the analysis and assemblage of development sites, including drafting and negotiating zoning lot and development rights agreements. He also advises on inclusionary housing and Affordable New York/421-a/485-x/467-m benefits, building conversion and construction access issues.

    Jim has been recognized as a leading lawyer by Chambers USA (2021 – 2024). Chambers notes that Jim “frequently advises major developers on the land use and zoning aspects of high-value projects,” with sources saying that he is “very smart and very professional,” his “client service, sophistication and commercial awareness are very strong,” and “he has great technical prowess in New York City zoning codes.” (2022). Legal 500 also named Jim as one of its “next generation partners” (2020 – 2024).

    Jim lectures on land use and zoning in New York City at programs sponsored by continuing legal educational organizations, as well as by professional and industry groups. He speaks, and has been quoted and published, on a range of land use topics, including residential conversions, air rights transactions, the Mandatory Inclusionary Housing and related tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and restrictions on hotel use in M1 manufacturing districts. Recent articles and quotes have been published in Crain’s New York Business, the New York Post, the New York Law Journal, Real Estate Weekly, the Commercial Observer and Law360.com. 

    Among his most notable work, Jim has advised a major developer as land use counsel on its largest and most complex projects throughout the years, including the current development of a residential tower rises 1,066 feet and the tallest building in Brooklyn. The project includes new retail use in the landmark portion of the site and over 500 residential units.

    Prior to law school, Jim worked on housing, economic development and open-space issues and was a New York City Urban Fellow.

    Experience

    • Advising clients on residential conversion opportunities throughout the city and related legislative initiatives.

    • Acting as land use counsel to one of the City’s major cultural institutions in master planning and land use approvals related to it 16-acre Upper West Side campus.

    • Representing major internal brand on City Planning Commission and Metropolitan Transportation Authority approvals, including zoning waivers and a transit bonus, for new retail complex to be located at prominent midtown location.

    • Representing ownership on a rezoning and adaptive reuse of buildings on a multi-block site in Downtown Brooklyn.

    • Representing ownership on approvals for a new residential tower on a prominent downtown site, requiring discretionary land use approvals.

    • Representing major health care provider in the development of a new “continuing care retirement community”, including almost 400 independent living units.

    • Representing client on redevelopment of shopping center complex in Queens.

    • Advising on redevelopment of a shopping center site in the Bronx, including land use approvals at the Board of Standards and Appeals. 

    • Representing client on rezoning and redevelopment of parking lot site in Brooklyn.  

    • Representing industrial and commercial property owners as an expert witness in connection with the condemnation of parcels on the South Bronx waterfront.

    • Acted as land use counsel to a major developer on its largest and most complex projects throughout the years, including the development the tallest building in Brooklyn, at 1,066 feet, — which includes new retail use in the landmark portion of the site and over 500 residential units. Also advised on site assemblage, Department of Buildings approvals and inclusionary housing issues in connection with the client’s West 57th Street project, which is the thinnest skyscraper in the world, with a width-to-height ratio of 1:24. Represented a major medical institution on various matters, including obtaining variances from the Board of Standards and Appeals for a major ambulatory care center and a biomedical research facility.

    • Represented a major developer in obtaining zoning text amendments and City Planning Commission special permits with respect to its new residential development in West Chelsea.

    • Represented a major developer on a variance application before the Board of Standards and Appeals involving complex zoning issues and community challenges for a new residential development in Tribeca.

    • Advised on the acquisition and development of a new residential tower on the Upper West Side, and defended the project’s DOB approvals in proceedings before the Board of Standards and Appeals.

    Credentials

    Education

    • J.D., New York University School of Law, 1995
    • B.A., Williams College, 1990

    Bar Admissions

    • New York, 1996

    Professional Affiliations

    • New York State Bar Association
    • Urban Land Institute, Urban Plan II Facilitator
    • Association of the Bar of the City of New York, Environmental Law and Municipal Affairs Committees (prior service)
    • New York City Urban Fellow, Public Development Corporation (1990 – 1991)

    Focus Areas

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