As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
On February 26, 2019, Justice Melissa Crane of the New York Supreme Court granted a developer the right to underpin (i.e. permanently encroach upon the foundation of an adjacent property) in her ruling on the developer's RPAPL §881 proceeding. It has long been held, and is set forth in the legislative history of RPAPL §881, that the proceeding is for temporary access to a neighbor's property in order to make improvements to your property and is not a vehicle by which the court can grant the right to permanently encroach or otherwise alter the neighbor's property.
On February 28, Laurie Stanziale once again had the pleasure of participating in a panel discussion at the sold-out Women's Real Estate Forum, which brought together more than 500 dynamic women who are shaping development and construction in New York City and beyond. The panel she moderated, "Changing the Face of Real Estate: Development & Construction Trends," covered some of the industry's hottest topics: e-commerce, changing demographics and lifestyles, wellness and sustainability, rising interest rates, smart technologies, labor constraints and the shortage of affordable housing.
As we start a new year, we would like to share with you some of our most popular legal alerts from 2018. Our top-read alerts range from construction, corporate and securities, labor and employment, tax and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.
Gaining access to a neighbor’s property during construction requires attempting to negotiate an access agreement and if that fails, litigating the access through an RPAPL §881 proceeding. That is nothing new. But what happens when these negotiations are about much more than just access or not about access at all? In this alert, Construction partner Laurie Stanziale explores how and whether courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required and/or whether or not the DOB will be compelled to take a more active role in these disputes.
Construction partner Laurie Stanziale recently wrote an article for Law360’s Expert Analysis column on "NYC Access Agreement Trends To Watch In 2019.” The article delves into the special challenges faced when doing construction or performing other work on one’s property in densely populated areas like New York City, which created the Real Property Actions and Proceedings Law, RPAPL §881.
Construction partner Laurie Stanziale wrote an article that was featured in Crain’s New York Business on "Four Design Trends Shaping New York City Development.” In the article, Laurie explores four trends that are making big waves in design and development here: a resurgence in manufacturing, a desire for more purposeful residential amenities, a blurring of the line within office spaces between working and living, and the impact of e-commerce on retail.
Real Estate Weekly recently published an article by Construction partner Laurie Stanziale titled, “Top Tech Trends to Watch in the Real Estate Industry.” The article explores how tech-driven start-ups are changing how residential and commercial real estate – from short-term rentals, to leasing and property management, to the construction and sales of properties – is being marketed, sold and managed. She also discusses how venture capital investors and the Millennial population are accelerating the development of tech-related technology in New York City real estate.
Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.
Construction associate Sean Scuderi co-authored an article on the benefits and pitfalls of outsourcing email services to a hosting provider in the New York Law Journal’s special e-discovery issue on February 6.
In recent years, construction projects have seen increasing benefits from the use of advanced planning and design technologies. One such technology is Building Information Modeling (known as “BIM”), and it is helping cut costs for owners and streamline project development.
In a major metropolitan setting, open space can be hard to come by. In New York City, the facades of many residential and commercial buildings extend right up to the property line, or near enough to prevent access to some exterior walls without encroaching on neighboring properties. As a result, it is often extremely difficult, if not impossible, to make repairs or renovations to an existing structure without physically entering onto an adjoining parcel.
And there may be little disruption to the active self-funded capital program that Montclair State University, thanks in part to a new law enacted in New Jersey in 2009, says Gregory Bressler, v.p. for university facilities. In addition to a new 130,000-sq-ft new business school and 100,000-sq-ft science research facility, both of which are set to go to bid next spring, the university is taking advantage of the new law to outsource the financing, design, construction, and operation of new facilities whose cost can be covered by future “revenue” streams.
Delivering a crushing blow to an already distressed real estate market, New York's highest court recently issued a landmark decision in Roberts v. Tishman Speyer Properties, L.P. Depending on how the state's lower courts apply Roberts, the owners could be on the hook for tens of millions if dollars in rent rebates to tenants who were charged market-rate rents.
In the wake of the financial meltdown and subsequent signs of economic recovery, opportunities are becoming more prevalent for those looking to diversify and expand their investments. Luckily, there are various ways to acquire funding for development projects that are both available and underutilized. The Employment-Based visa program is one such tool, particularly the EB-5 visa category.
In today's residential real estate market, balking purchasers are a major challenge for developers. Developers have several tools to counter these increasingly common and harmful tactics and achieve their primary objectives of avoiding costly disputes, capitalizing on their investment and compelling balking purchasers to comply with the agreements they signed.
Today's marketplace presents new challenges to both owners and contractors during the construction process. The most important steps that both parties to a construction project can take to mitigate these risks, at least to some degree, are to know their contracts, implement procedures to administer those contracts effectively, and document their progress on the project.