Updated: March 22, 2020
- Governor Andrew Cuomo issued an Executive Order on March 18 mandating that businesses, except those performing essential services and functions, reduce in-person workforces by 75%. Construction is included on the list of essential businesses and consequently it appears that the construction industry is exempt from the Executive Order.
- Cuomo issued an Executive Order on March 13 that permits government bodies subject to the Open Meetings Law to conduct meetings remotely, provided that the public has the ability to view or listen to the meetings and that the meetings are recorded and later transcribed.
- The Department of Buildings is instituting temporary rules to drastically reduce walk-in traffic to its offices. Please see further instructions in the link below:
https://www1.nyc.gov/assets/buildings/pdf/covid19_application_processing_response_sn.pdf
- Mayor Bill de Blasio issued an Executive Order on March 16 suspending ULURP, the landmarks designation process, and other procedures applicable to the city planning and land use review processes, to the extent they impose limitations on the amount of time permitted for the holding of public hearings, the certification of applications, the submission of recommendations, any required or necessary voting, the taking of final actions, and the issuance of determinations. The suspension will have to be renewed every five days but is expected to be renewed for the foreseeable future. It is possible that the City Council will pass legislation to formalize a longer-term suspension of the ULURP process. Per the mayor’s Executive Order, the City Planning Commission will not meet until further notice. https://www1.nyc.gov/site/planning/about/press-releases/pr-20200316.page. The Department of City Planning is accepting applications at its offices at 120 Broadway on Mondays and Thursdays, by appointment only. Applications can also be sent via FedEx, USPS or UPS. Emailed applications are not considered filed/received until payment and copies have been accepted.
- The Board of Standards and Appeals (BSA) will be holding its review session and public hearing on March 24 by teleconference using Zoom. More information is available here https://www1.nyc.gov/site/bsa/index.page
- The BSA is strongly encouraging applicants to submit application materials electronically. New applications will not be deemed accepted until reviewed and approved by staff. Follow-up submissions on active applications must be submitted electronically. Additional instructions regarding applications and submissions can be found on the BSA’s website, https://www1.nyc.gov/site/bsa/index.page. Finally, the BSA is strongly discouraging in-person review of case files and archival materials.
- The Landmarks Preservation Commission (LPC) has canceled all public hearings through the remainder of March. LPC encourages electronic submission of all application filings, submissions and correspondence. Additional instructions regarding applications and submissions can be found on LPC’s website, https://www1.nyc.gov/site/lpc/index.page.
- The Land Use Department has been coordinating with consultants to ensure that all land use applications can continue to progress through the pre-certification process and be timely filed.
- This is, of course, an evolving situation with rapidly changing guidelines from public health experts, and therefore this information remains subject to change. Please contact the Land Use Department or the relevant land use agencies directly for the latest information.
See Real Estate Considerations for additional information that may be relevant to development rights transactions.