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July 15, 2020

Stroock Special Bulletin

By: Ross F. Moskowitz, John B. Egnatios-Beene, Raymond "Rusty" Pomeroy II, Ashley E. Doukas, Eva C. Schneider

Earlier today, Mayor Bill de Blasio announced that New York City would restart the Uniform Land Use Review Procedure (“ULURP”) in August 2020. 

ULURP – the process by which applications affecting land use throughout the City are publicly reviewed by key stakeholders, including the Community Board, Borough President, City Planning Commission (“CPC”), City Council and Mayor – was suspended in March under Emergency Executive Order No. 100 in order to help curb the spread of COVID-19. Since March, the City has made progress with curbing the spread of the coronavirus, and is currently in Phase 3 of the New York Forward Reopening Plan (the “Plan”), with the Mayor deciding this week whether the City can enter into Phase 4 of the Plan. (For more, see “Land Use and Planning During the State of Emergency: ULURP Freeze,” Stroock Special Bulletin, March 17, 2020, and “Timeline for Restarting NYC Development and Construction Begins to Take Shape,” May 18, 2020.)

Other City agencies such as the Board of Standards and Appeals (the “BSA”) and the Landmarks Preservation Commission (the “LPC”) have been holding remote public meetings during this time, while the CPC has not. As a result, the ULURP freeze has not just halted private development projects and City-sponsored rezonings, but also the production of affordable housing – under the Mandatory Inclusionary Housing Program the production of affordable housing is tied to rezonings, which are required to undergo ULURP. Importantly, at the Mayor’s press conference earlier today, he stressed the urgency of preparing for the future of New York City, which includes promoting and creating opportunities for the production of affordable housing. Restarting ULURP is an integral part of the goals of affordable housing production, as well as an important step forward for reigniting all real estate development throughout New York City. 

As such, the CPC will begin to hold remote public meetings in August, and begin a “deeper process” for required ULURP public hearings by September, all of which will be virtual and allow for full public participation.  (To learn more about remotely participating in these public hearings, please visit NYC.gov/Engage.) 

The Stroock Land Use and Environmental Team has been told that the CPC’s remote public meetings can start as soon as August 3, 2020.  

Please check back for updates, and feel free to reach out to the Stroock Land Use and Environmental Team with any questions you have.

Stay safe and healthy.

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For More Information

Ross F. Moskowitz

John B. Egnatios-Beene

Raymond "Rusty" N. Pomeroy II

Ashley E. Doukas

Eva C. Schneider

This Stroock publication offers general information and should not be taken or used as legal advice for specific situations, which depend on the evaluation of precise factual circumstances. Please note that Stroock does not undertake to update its publications after their publication date to reflect subsequent developments. This Stroock publication may contain attorney advertising. Prior results do not guarantee a similar outcome.