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When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement? Most SEQRA cases involve attacks on an agency’s compliance with SEQRA procedures, but in Mutual Aid Association v. City of Yonkers, NYLJ 11/15/21, p. 21, the Second Department faced a challenge to the municipality’s follow through long after the SEQRA review was completed. Because the court resolved the case by concluding that the municipality had not, in fact, imposed a requirement on the developer, the court avoided the more basic question: can a municipality or other lead agency impose a requirement and then decide not to enforce it.
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The Guaranty Law Only Guarantees A Broken Contract
By ssalkin
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the “Guaranty Law.”
By NYRE Staff
Historic District Designation Not Covered By Title Insurance
Liquidated Damages Provision Not an Unenforceable Penalty
By NYRE Staff
Unsigned Lease Agreement Not Binding
Requirement That Tenants Speak English Supports Fair Housing Act Claim
Nonpayment During Pandemic Not Excused By Lease’s Casualty Clause
Tenant’s Diligent Efforts to Convert Property Satisfied Lease Obligation
By NYRE Staff
No Automatic Entitlement to Special Permit
Adverse Impact on Burial Sites Justified Variance Denial
Area Variance Denial Upheld
Special Permit Grant Reinstated
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