Recent Publications - Real Estate, Zoning & Land Use


New York Halts All Non-Essential Construction
March 27, 2020 | Construction

Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo today issued an order requiring all “non-essential” construction in the State of New York to shut down, with the exception of: (i) emergency projects necessary to protect the health and safety of building

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NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers
March 25, 2020 | Banking

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans.

The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if

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Proposed NY Bill to Offer Relief to Both Owners and Tenants
March 24, 2020 | Real Estate, Zoning & Land Use

On March 23, 2020, New York Senate Deputy Leader Michael Gianaris introduced proposed legislation which, if adopted, would expand upon the unprecedented Executive Order issued by Governor Andrew Cuomo on March 20, 2020, imposing a 90-day moratorium on all residential and commercial evictions. The proposed bill is intended to provide financial support to residential and commercial tenants and

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Landlords: Take These Steps Now to Preserve Your Income
March 23, 2020 | Real Estate, Zoning & Land Use | Commercial Litigation

Local, state and federal governments have taken unprecedented measures to control the spread of coronavirus (COVID-19), measures that will negatively impact the real estate industry in the state. Last week, New York Governor Andrew Cuomo issued an executive order that will directly impact New York’s real estate industry.

On March 20, 2020, Gov. Cuomo issued

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SBA Makes Disaster Loans Available to Small Businesses
March 20, 2020 | Corporate | Banking

As the coronavirus pandemic continues to cause disruptions to businesses, the U.S. Small Business Administration (SBA) has announced its Coronavirus (COVID-19) Disaster Relief Lending program, which will offer certain small businesses and nonprofits affected by COVID-19 access to the SBA’s Economic Injury Disaster Loans.

As of today, small business owners in New York State are

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Protect Your Construction Project from Problems Related to Coronavirus
March 16, 2020 | Construction

The impact of COVID-19 on construction and development is evolving each and every day. Issues have arisen, and will continue to arise, with respect to maintaining project schedules, safety concerns, and learning of and complying with the rapidly changing rules, guidelines and regulations that are being implemented on a daily, and even hourly basis. Checking

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TRO Pauses Controversial DOS Interpretation of New Rental Law
February 11, 2020 | Real Estate, Zoning & Land Use

On Monday, February 10, a Justice of the New York State Supreme Court in Albany County issued a temporary restraining order (TRO) to put on hold implementation of the Department of State’s (DOS) interpretation of the statewide Housing Stability and Tenant Protection Act (HSTPA) as it relates to the payment of brokers’ fees in response

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Honig Quoted in NY Housing Court Story
April 18, 2017 | Real Estate, Zoning & Land Use

Jeremy Honig shared his experience in a story for The Cooperator New York — the Co-Op & Condo Resource.

Jeremy noted: “With respect to a holdover proceeding, there may or may not be a predicate notice that must be served before a landlord may commence a proceeding, depending upon the basis for such proceeding. For example,

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Eliminating the “Nay” for New Downtown Neighborhoods
July 31, 2015

It has been the lament of Long Island for many years that we are losing young professionals (the “brain drain”) and burgeoning industries to the rest of the country. The lack of affordable housing, high taxes and a crumbling transportation infrastructure all contribute to this problem. However, local governments are starting to address these concerns

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Navigating the Illinois Anti-Indemnity Statue and Case Law
October 1, 2014 | Real Estate, Zoning & Land Use | Corporate

Construction is a risky proposition. Injury to workers and property loss are significant risks. Accordingly, parties to a construction project often attempt to shift these risks using indemnification provisions. In Illinois, the Construction Contract Indemnification for Negligence Act, 740 ILCS 35/0.01, et seq. (the “Act”),1 prohibits contract language that indemnifies a party for that party’s

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