In April of 2021, the New York City Department of Buildings (the “DOB”) announced five bills and sweeping updates to New York City Construction Codes related to construction safety.[1]  The simultaneous announcement of the New York City Council’s introduction of the legislation along with the revisions to the construction codes intend to further the objective of increasing the protections afforded to the general public and construction professionals on all construction sites throughout New York City. However, with the enactment of the new legislation and the comprehensive updates to the construction codes, there will be an increase in the obligations placed upon professionals within the industry and an inevitable impact on the industry as a whole.  This client alert serves to provide an overview of the legislation and highlight some of the major amendments and updates to the construction code.

Jaimee Nardiello, Partner and Patricia Harris, Special Counsel authored a chapter in the ABA published book,  Design Professional's Guide to Construction Law.

Chapter Abstract: The licensing of design professionals can be a confusing patchwork quilt of disparate state regulations. States have professional boards or registration agencies that handle licensing, disciplinary proceedings and other professional matters. Most states have separate legislation and supporting regulations for the design professions such as architecture and engineering.

New York City developers collectively sighed with relief when 200 Amsterdam, a mixed-use, high-rise building on Manhattan’s Upper West Side, was saved from the guillotine when a New York State intermediate appellate court reversed a lower court’s decision that retroactively revoked the developer’s building permit for an as-of-right development. The affirmance of the controversial ruling, issued by the New York County Supreme Court on February 27, 2020, would have resulted in the demolition of more than 20 top floors of the fully-constructed 668 feet high 55-story tower.

The New York City Council passed Local Law No. 97 of 2019 on April 18, 2019 and Local Law No. 147, amending Local Law No. 97, on June 26, 2019, both of which became effective as of November 15, 2019 (collectively “LL97”). LL97 ushers in a new era of stringent climate control regulations for the City, applicable to both existing buildings and new buildings. Though LL97’s emissions limitations do not begin until 2024, real estate owners and design professionals are already busy considering how the new limitations will impact current buildings, as well as those being contemplated for the future. This client alert intends to summarize LL97’s emission standards so that our clients may consider them when conceptualizing new projects and, where feasible and appropriate, recommend design elements and building systems to assist owners in meeting their new obligations.

The Metropolitan Transit Authority (“MTA”) recently published and implemented revised regulations relating to “Contractor” debarment.