In every real estate endeavor, the location, price, and ability to develop, improve or repurpose the property are key to obtaining an attractive return on investment. In many cases, land use and zoning considerations - and the opportunity to modify restrictive elements - will drive a project’s success
Pryor Cashman’s real estate attorneys understand the complexities of state and local regulations and help clients creatively maximize their real estate developments’ potential - leveraging property value in ways that even the most seasoned developer may not have originally envisioned.
What We Do
Whether a project is intended for residential, commercial, retail, manufacturing, industrial, restaurant or hotel use, our team is well versed in the complexities of the land use and zoning regulations across the New York City area. Our thorough understanding of zoning resolutions, building codes and multiple dwelling laws, coupled with our strong working relationships with the local land use agencies, enhances our ability to provide end-to-end services for developers, lenders, investors, architects and property owners.
Pryor Cashman has extensive experience navigating projects through the required New York City approval processes. Our attorneys regularly practice before the following agencies:
- Board of Standards and Appeals
- City Planning Commission
- Department of Buildings
- Department of Consumer Affairs
- Department of Housing Preservation and Development
- Department of Transportation
- Environmental Control Board
- Landmarks Preservation Commission
- Master License Electrical Board
- Metropolitan Transportation Authority
We work closely with clients during all phases of development - from the initial stages of due diligence, through obtaining necessary special permits, variances and discretionary approvals, all the way through to the issuance of a final certificate of occupancy. Our attorneys advance the development process by:
- Securing approvals for rezonings, special permits, authorizations and certifications
- Prosecuting applications before the Board of Standards and Appeals, including variances, special permits, appeals of Department of Buildings determinations and Letters of Substantial Compliance
- Obtaining favorable Zoning Resolution Determinations (ZRD1) and Construction Code Determinations (CCD1), rescissions of stop work orders and permit revocations, and securing Certificates of Correction from the Department of Buildings
- Obtaining Certificates of No Harassment and approvals for not-for-profits from the Department of Housing Preservation and Development
- Defending clients before the Environmental Control Board and in New York City Criminal Court against Building Department and Fire Department violations
- Securing sidewalk café licenses from the Department of Consumer Affairs
- Prosecuting and obtaining Certificates of Appropriateness, Letters of No Effect, and Permits for Minor Work applications from the Landmarks Preservation Commission
- Obtaining revocable consents and other approvals for construction on sidewalks and streets from the Department of Transportation
- Securing zoning override approvals from the Office of the Mayor of New York City
- Preparing construction and access agreements, Zoning Lot Development Agreements and Zoning Lot Exhibits
- Advising clients on how Inclusionary Housing Program participation can increase the floor area of residential projects
- Representing master electricians before the Department of Buildings
Our proficiency in land use and zoning matters enables clients from a variety of industries to save time and expense by relying on one law firm to address, advise on and resolve a multitude of real estate-related needs. We regularly collaborate with colleagues throughout the firm, including those in our Real Estate, Litigation, Tax, Corporate and Bankruptcy Groups, to offer comprehensive service that encompasses the myriad legal considerations that arise in the context of property investment, financing, construction, occupancy and sale.
