On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates a seller’s option to provide a residential homebuyer with a $500 credit in lieu of a Property Condition
Real Estate
DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations
The 2022/2023 State budget included watershed (no pun intended) amendments to the regulations governing New York’s Freshwater Wetlands. It has been published that the changes to the Freshwater Wetlands Act are expected to capture approximately one million acres (1,560 square miles)…
Exact Compliance with SEQRA Architectural Conditions Are Enforceable
Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation conditions.
BMG Monroe I, LLC, (“BMG”) is a…
Under Monroe Doctrine, Government Immunity from Local Zoning May Extend to Private Projects
In Matter of County of Monroe, 72 NY2d 338 (1988), the New York Court of Appeals addressed the applicability of local zoning laws to actions undertaken by a government entity operating within a geographic area subject to another government entity’s…
Goodbye to Airbnb in NYC?
The initial phase of New York City Local Law 18, also known as the Short-Term Rental Registration Law, went into effect in New York City on Tuesday, September 5th, 2023. Enforcement of Local Law 18 is expected to significantly reduce…
Fires at New York Battery Energy Storage System Facilities Ignite State Response
On July 28, 2023, in response to three separate fires at Battery Energy Storage System (“BESS”) locations in New York, Governor Kathy Hochul announced the creation of an inter-agency fire safety working group. The Fire Safety Working Group, to be…
Riverhead Gives the Green Light to New BESS Zoning Regulations
On April 4, 2023, the Town of Riverhead joined the growing list of Long Island municipalities to have adopted special zoning regulations for Battery Storage Energy Systems (or BESS) projects. The law, which was filed with the State and took…
“Grandfathering” By Issuance of Building Permits
Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality’s issuance of a building permit to a similarly situated…
Green for Green: New York’s Climate Justice Working Group Identifies Qualified Disadvantaged Communities for Clean Energy and Energy Efficiency Investments
The New York Climate Leadership and Community Protection Act (“CLCPA”) established ambitious targets to transform New York’s energy generation and efficiency. The CLCPA was signed into law in 2019 with goals to achieve 100% zero-emission electric generation by 2040 and…
Oyster Bay to provide for administrative adjudication of zoning and other code violations
Following in the footsteps of the towns of Huntington, Babylon and East Hampton, the Town of Oyster Bay voted on March 7, 2023, to create a Bureau of Administrative Adjudication pursuant to Article 14-BB of the General Municipal Law (“GML”). …