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Articles by James Power
Op-ed: How NY’s land use reforms could help spur housing development
July 16, 2026 11:00 AM EDT Newly passed land use reforms in the state budget present developers with a significant opportunity to move residential projects forward on a reduced, less cumbersome timeline.
New York Adopts SEQRA Exemptions For Housing And Public Works Projects
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
Affordable Housing Fast Track Proposed Rules Released
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
Litigation To Invalidate City Of Yes Zoning For Housing Opportunity Dismissed
Herbert Smith Freehills Kramer LLP are most popular: within Environment, Law Department Performance and Transport topic(s) in United States On November 12, 2025, Justice Lizette Colon of the Supreme Court of the State of New York, Richmond County, dismissed a petition challenging the City of Yes for Housing Opportunity zoning text amendment (COYHO). The petitioners had asked the court to invalidate COYHO in its entirety; Justice Colon dismissed their lawsuit in full.
Litigation to invalidate City of Yes zoning for housing opportunity dismissed | JD Supra
On November 12, 2025, Justice Lizette Colon of the Supreme Court of the State of New York, Richmond County, dismissed a petition challenging the City of Yes for Housing Opportunity zoning text amendment (COYHO). The petitioners had asked the court to invalidate COYHO in its entirety; Justice Colon dismissed their lawsuit in full.
City Council Approves Midtown South Mixed-use Plan
KL Herbert Smith Freehills Kramer LLP More Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be.
City Council Approves Midtown South Mixed-use Plan | JD Supra
On August 14, 2025, the New York City Council voted to approve the Midtown South Mixed-Use Plan, as modified by the City Council Land Use Committee. As stated in our previous alert in January, the Special Midtown South Mixed-Use District (MSX Special District) covers four separate areas located roughly between West 23rd and West 40th streets and Fifth and Eighth avenues.
Litigation To Invalidate 'City Of Yes' Zoning For Housing Opportunity Initiated
A group of seven New York City Council members announced this morning that they, together with other elected officials, civic organizations and individuals, were initiating litigation to challenge the validity of the whole of New York's recently adopted City of Yes for Housing Opportunity (COYHO) zoning amendment. We are reviewing the litigation papers with an eye toward the lawsuit's implications for investments that rely on the zoning changes included in COYHO.
Litigation To Invalidate ‘City of Yes’ Zoning for Housing Opportunity Initiated | JD Supra
A group of seven New York City Council members announced this morning that they, together with other elected officials, civic organizations and individuals, were initiating litigation to challenge the validity of the whole of New York’s recently adopted City of Yes for Housing Opportunity (COYHO) zoning amendment. We are reviewing the litigation papers with an eye toward the lawsuit’s implications for investments that rely on the zoning changes included in COYHO.
Midtown South Rezoning Begins Public Review
On Tuesday, Jan. 21, 2025, the City Planning Commission certified for public review zoning map and text amendment applications (the Proposal) that would create a new Special Midtown South Mixed-Use District (MSX Special District).
Midtown South Rezoning Begins Public Review | JD Supra
On Tuesday, Jan. 21, 2025, the City Planning Commission certified for public review zoning map and text amendment applications (the Proposal) that would create a new Special Midtown South Mixed-Use District (MSX Special District).
City Council Approves City Of Yes For Housing Opportunity
On Thursday, Dec. 5, 2024, the City Council voted to approve the City of Yes for Housing Opportunity zoning text amendment (COYHO). As discussed in our earlier alert, COYHO is a sweeping overhaul of zoning regulations that seeks to address New York City's severe housing shortage by enabling more housing and a wider variety of housing types in every neighborhood in the city.
Proposed City Council Legislation To Require Hotels To Obtain A License To Operate
On July 18, 2024, the City Council introduced legislation (Int. No. 991) that would require hotels to obtain a license in order to operate in New York City. The stated aim of the legislation is to address what is described as public safety concerns around hotels.
Proposed City Council Legislation To Require Hotels To Obtain a License To Operate | JD Supra
On July 18, 2024, the City Council introduced legislation (Int. No. 991) that would require hotels to obtain a license in order to operate in New York City. The stated aim of the legislation is to address what is described as public safety concerns around hotels.
Proposed City Council Legislation To Require Hotels To Obtain a License To Operate
On July 18, 2024, the City Council introduced legislation (Int. No. 991) that would require hotels to obtain a license in order to operate in New York City. The stated aim of the legislation is to address what is described as public safety concerns around hotels.
New State And City Efforts To Encourage Housing Development
KL Kramer Levin Naftalis & Frankel LLP More Kramer Levin provides its clients proactive, creative and pragmatic solutions that address today’s most challenging legal issues. The firm is headquartered in New York with offices in Silicon Valley and Paris and fosters a strong culture of involvement in public and community service.
New State and City Efforts To Encourage Housing Development | JD Supra Original
On April 23, 2024, the New York State Legislature passed a number of significant measures intended to increase housing production, particularly in New York City.
New State and City Efforts To Encourage Housing Development
On April 23, 2024, the New York State Legislature passed a number of significant measures intended to increase housing production, particularly in New York City.
State Budget Approves Elimination Of 12 FAR Cap In New York City
The New York State FY 2025 budget legislation enacted on April 20th included an important and long-awaited housing reform for New York City: elimination of the "12 FAR" cap for residential buildings. City officials and housing advocates have been pushing for this change for many years, and the idea acquired increased momentum as the City's housing crisis worsened.
State Budget Approves Elimination of 12 FAR Cap in New York City | JD Supra
The New York State FY 2025 budget legislation enacted on April 20th included an important and long-awaited housing reform for New York City: elimination of the “12 FAR” cap for residential buildings. City officials and housing advocates have been pushing for this change for many years, and the idea acquired increased momentum as the City’s housing crisis worsened.
Bronx Metro-North Station Area Rezoning Enters Public Review
On Jan. 22, 2024, the City Planning Commission commenced the public review process for land use actions surrounding two planned Metro-North Railroad stations in the Parkchester/Van Nest and Morris Park neighborhoods of the East Bronx. The MTA is planning four new stations in the East Bronx that will provide direct access to Penn Station (the other two stations will be located in the Hunts Point and Co-Op City neighborhoods). The four stations are anticipated to open in 2027.
Bronx Metro-North Station Area Rezoning Enters Public Review | JD Supra
On Jan. 22, 2024, the City Planning Commission commenced the public review process for land use actions surrounding two planned Metro-North Railroad stations in the Parkchester/Van Nest and Morris Park neighborhoods of the East Bronx. The MTA is planning four new stations in the East Bronx that will provide direct access to Penn Station (the other two stations will be located in the Hunts Point and Co-Op City neighborhoods). The four stations are anticipated to open in 2027.
City Of Yes For Economic Opportunity
On Monday, Oct. 30, the City Planning Commission (CPC) referred out for public review the proposed zoning text amendment known as "City of Yes for Economic Opportunity." The proposal — the second in the administration's three-part "City of Yes" initiative to enter the public review process — seeks to modernize the city's zoning regulations to support the growth of small businesses and emerging industries.
City of Yes for Economic Opportunity | JD Supra
On Monday, Oct. 30, the City Planning Commission (CPC) referred out for public review the proposed zoning text amendment known as “City of Yes for Economic Opportunity.” The proposal — the second in the administration’s three-part “City of Yes” initiative to enter the public review process — seeks to modernize the city’s zoning regulations to support the growth of small businesses and emerging industries.
City of Yes for Economic Opportunity
On Monday, Oct. 30, the City Planning Commission (CPC) referred out for public review the proposed zoning text amendment known as “City of Yes for Economic Opportunity.” The proposal — the second in the administration’s three-part “City of Yes” initiative to enter the public review process — seeks to modernize the city’s zoning regulations to support the growth of small businesses and emerging industries.
City Announces Long Island City Neighborhood Study
On Wednesday, Oct. 11, City Council Member Julie Won and officials of the Adams administration announced the launch of two planning studies for portions of Western Queens. The first neighborhood study, dubbed "One Long Island City," will examine ways to create new housing, economic growth, transit connectivity, open space and infrastructure improvements and to reduce exposure to climate risk.
City Announces Long Island City Neighborhood Study | JD Supra
On Wednesday, Oct. 11, City Council Member Julie Won and officials of the Adams administration announced the launch of two planning studies for portions of Western Queens. The first neighborhood study, dubbed “One Long Island City,” will examine ways to create new housing, economic growth, transit connectivity, open space and infrastructure improvements and to reduce exposure to climate risk.
City Announces Long Island City Neighborhood Study
On Wednesday, Oct. 11, City Council Member Julie Won and officials of the Adams administration announced the launch of two planning studies for portions of Western Queens. The first neighborhood study, dubbed “One Long Island City,” will examine ways to create new housing, economic growth, transit connectivity, open space and infrastructure improvements and to reduce exposure to climate risk.
Mayor Adams Promotes ‘City of Yes for Housing Opportunity’ Initiative | JD Supra
On Thursday, Sept. 21, New York City Mayor Eric Adams delivered an address in which he outlined the administration’s proposal for zoning reforms to increase housing production throughout New York City. The initiative, dubbed “City of Yes for Housing Opportunity,” seeks to achieve dramatic change by encouraging “a little more housing in every neighborhood.” The mayor’s address highlighted the following potential zoning changes: Universal Affordability Preference.
Land Use Issues Addressed At Kramer Levin Seminar
Kramer Levin recently hosted a seminar titled "Emerging Issues in Land Use: The Year in Review and What's Ahead," where experts discussed New York City planning initiatives and land use trends. Among the speakers were Jessica Katz, chief housing officer for New York City, Rafael Salamanca Jr., council member for the 17th District and chair of the New York City Council's Land Use Committee, and representatives from Kramer Levin's Land Use and Real Estate departments.
Land Use Issues Addressed at Kramer Levin Seminar
Kramer Levin recently hosted a seminar titled “Emerging Issues in Land Use: The Year in Review and What’s Ahead,” where experts discussed New York City planning initiatives and land use trends. Among the speakers were Jessica Katz, chief housing officer for New York City, Rafael Salamanca Jr., council member for the 17th District and chair of the New York City Council’s Land Use Committee, and representatives from Kramer Levin’s Land Use and Real Estate departments.
Manhattan Borough President Releases Plan to Create More Housing
On Jan. 31, the Manhattan borough president released Housing Manhattanites: A Report on Where and How to Build the Housing We Need. The report can be found here. The Report identifies 171 housing opportunity sites that are currently zoned for residential use and are either vacant or significantly underbuilt. The Report also proposes nine neighborhood rezonings to facilitate new housing.
City Hall Releases Report Recommending Regulatory Changes to Facilitate Office Conversions | JD Supra
On Jan. 9, 2023, the city’s Office Adaptive Reuse Task Force issued its report titled the “New York City Office Adaptive Reuse Study.” The Task Force was established to study the potential for the conversion of vacant office space in New York City to other uses and to make recommendations for legislation and policy in furtherance of that objective.
City Hall Releases Report Recommending Regulatory Changes to Facilitate Office Conversions
On Jan. 9, 2023, the city’s Office Adaptive Reuse Task Force issued its report titled the “New York City Office Adaptive Reuse Study.” The Task Force was established to study the potential for the conversion of vacant office space in New York City to other uses and to make recommendations for legislation and policy in furtherance of that objective.
Why Eric Adams’ Zoning Changes Are Vital for a Post-Pandemic New York
New York Mayor Eric Adams has come forward with significant land use proposals in the past few weeks, all under the rubric of “City of Yes.” Although much of the attention is focused on Adams’ proposals to generate 500,000 new housing units, there is another significant component of City of Yes that has been overlooked: his proposed revisions to the use regulations of the Zoning Resolution, dubbed the “City of Economic Opportunity.” The modern Zoning Resolution dates from 1961, and since then...
Mayor Eric Adams Unveils "Get Stuff Built" | JD Supra
On Dec. 8, Mayor Eric Adams released “Get Stuff Built,” a report on the building and land use approval streamlining task force (BLAST). The task force was convened from more than two dozen city agencies and was charged with providing recommendations for cutting red tape, streamlining processes and removing administrative burdens.
Mayor Eric Adams Unveils "Get Stuff Built"
On Dec. 8, Mayor Eric Adams released “Get Stuff Built,” a report on the building and land use approval streamlining task force (BLAST). The task force was convened from more than two dozen city agencies and was charged with providing recommendations for cutting red tape, streamlining processes and removing administrative burdens.
Why Hochul’s Proposed 485w Is a Solid Successor to 421a
New York Gov. Kathy Hochul recently released a proposed revision to the 421a “Affordable New York” program in connection with her fiscal year 2023 executive budget proposal. The new program, which would be known as the “Affordable Neighborhoods for New Yorkers” (ANNY) tax incentive and would be contained in Section 485w of the Real Property Tax Law, would effectively update and extend the current 421a program beyond its planned expiration date of June 15.
Governor Hochul Releases Revisions to 421-a Program | JD Supra
Gov. Kathy Hochul this week released a proposed revision to the 421-a “Affordable New York” program, in connection with her FY2023 Executive Budget proposal. The new program would be known as the “Affordable Neighborhoods for New Yorkers” (ANNY) tax incentive and would be contained in Section 485-w of the Real Property Tax Law.
City Council Adopts SoHo NoHo Rezoning Plan | JD Supra
On Dec. 15, 2021, the City Council approved the City’s rezoning plan for the SoHo and NoHo neighborhoods. The Council’s action completed the legislative process, thereby turning the plan into law.
Court of Appeals Declines to Hear 200 Amsterdam Avenue Appeal | JD Supra
On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA) of the permit for construction of a 54-story residential building at 200 Amsterdam Ave. in Manhattan being developed by SJP Residential Properties and Mitsui Fudosan.
Permanent Open Restaurants Text Amendment
United States: Permanent Open Restaurants Text Amendment 29 June 2021 by Jeff Mulligan , Elise Wagner , Valerie G. Campbell , James Power , Paul D. Selver and Gary R. Tarnoff Kramer Levin Naftalis & Frankel LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Department of City Planning's Open Restaurants zoning text amendment entered public review on June 21, 2021.
Permanent Open Restaurants Text Amendment | JD Supra
The Department of City Planning’s Open Restaurants zoning text amendment entered public review on June 21, 2021. The text amendment will remove geographic restrictions on where sidewalk cafes can be located within NYC, as part of the effort to create a permanent, streamlined Open Restaurants program. Why zoning changes are needed?
New York City Council To Require 'Racial Equity Reports' For Many Land Use Applications
United States: New York City Council To Require 'Racial Equity Reports' For Many Land Use Applications 25 June 2021 by Patrick Sullivan , Valerie G. Campbell , James Power , Paul D. Selver , Gary R. Tarnoff and Elise Wagner Kramer Levin Naftalis & Frankel LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
New York City Council to Require 'Racial Equity Reports' for Many Land Use Applications | JD Supra
The New York City Council on June 17 approved legislation that would mandate a “racial equity report” in connection with many rezonings, special permits and other land use applications submitted on or after June 1, 2022. The report will be required not only for upzonings and special permits that increase permitted floor area, but also for certain downzonings and historic district designations. The legislation (Intro.
Hotel And Office Conversions — An Update - Real Estate and Construction - United States
To print this article, all you need is to be registered or login on Mondaq.com. Since January 2021, multiple proposals were introduced in the New York State legislature to permit underutilized hotel and/or office buildings, many of which have become financially distressed due to the COVID-19 pandemic, to be converted to residential use and to override local zoning or building code requirements that would otherwise prevent such conversions.
Hotel and Office Conversions — an Update | JD Supra
Since January 2021, multiple proposals were introduced in the New York State legislature to permit underutilized hotel and/or office buildings, many of which have become financially distressed due to the COVID-19 pandemic, to be converted to residential use and to override local zoning or building code requirements that would otherwise prevent such conversions. These proposals varied with respect to geographic applicability, affordability requirements and involvement of the private sector.
New Zoning Initiatives To Promote Public Health
United States: New Zoning Initiatives To Promote Public Health 03 June 2021 by Jeff Mulligan , Valerie G. Campbell , James Power , Paul D. Selver , Gary R. Tarnoff and Elise Wagner Kramer Levin Naftalis & Frankel LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
New Zoning Initiatives to Promote Public Health | JD Supra
The Department of City Planning (DCP) has proposed a text amendment to modify regulations relating to gyms, spas, and licensed massage therapy and other health and fitness facilities defined as Physical Culture or Health Establishments (PCEs). The proposed text amendment will remove the requirement for such facilities to receive a special permit by the Board of Standards and Appeals (BSA).
Proposed FRESH Food Stores Update (FRESH II) | JD Supra
The Department of City Planning (DCP) has proposed text amendments to modify and expand the existing Food Retail Expansion to Support Health (FRESH) program under ZR 63-00 for neighborhood grocery stores and supermarkets throughout the City. The zoning text amendment application was referred out for public review by the City Planning Commission (CPC) on May 19. The FRESH program was established in 2009 to encourage the construction of supermarkets in areas underserved by food stores.
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