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The New York Court of Appeals’ recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as “open space.” Holding that the relevant language of the Zoning Resolution is ambiguous, the Court deferred to the zoning interpretation of the Department of Buildings and Board of Standards and Appeals, which have long interpreted the Zoning Resolution as permitting an open space area to be accessible to some, but not all, of the residential buildings on the zoning lot, provided that the residents of each building have access to a proportionate amount of open space on the zoning lot. This article describes the zoning issue decided in Peyton, discusses the implications of Peyton for development on multi-building zoning lots (which often occur as a result of the “assemblage” of development rights through a zoning lot merger), and presents observations as to why zoning litigation of this kind has such high stakes, not only for the individual property owner but for other property owners who have constructed buildings based on a widely applicable DOB zoning interpretation called into question by a zoning challenge to a single building.
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A Primer on Landlord Exculpatory Provisions In Leases
By Marisa L. Byram and Garrett L. Kinkelaar
Keystone Specialty Services Co. v. Ebaugh
Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Commercial Real Estate Market Sees Shift Toward ‘Densification’ As Firms Look Long Term
By Jessie Yount
Real estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. However, there is a shift toward “densification,” as firms take advantage of favorable market conditions and make longer-term commitments.
Supreme Court Addresses Municipal Sign Regulations, Again
By Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to “off-premises” signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Commercial Real Estate Market Optimistic
By Paul Bergeron
The commercial real estate industry is having little trouble shrugging off today’s challenging economic situations and its optimism is brewing with recent pandemic restrictions being lifted, according to a state of the market survey from DLA Piper.