Real Estate


Zetlin & De Chiara has represented real estate owners and developers in connection with the negotiation of License Agreements between adjoining property owners as well as prosecuting and defending RPAPL Section 881 proceedings.


News & Events


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    New York Real Estate Journal

    Twenty years ago, the New York Law Journal published an article about a then little-used law that authorized courts to grant a license to a property owner or developer unable to make repairs or improvements to its property without entering onto a neighbor’s property (See Little-Used Law Helps Developers Held Hostage, N.Y.L.J. Aug. 14, 2002).  The law in question, Real Property Actions and Proceedings Law (“RPAPL”) Section 881, authorized a judicial license where a neighbor refused permission to access its property for necessary construction and repairs.  It also provided the court with flexibility to set conditions on the license upon “such terms as justice requires.”



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    The New York City Department of Buildings (“DOB”) issued a notice of adoption of final rules for its Major Projects Development Program that will go into effect on May 1, 2022. According to the DOB’s press release, the intention of the Major Projects Development Program is “to help construction projects get off the ground safely and avoid work stoppages” by offering one-on-one consultation and support to owners of eligible projects.

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    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.

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    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.

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    Zetlin & De Chiara LLP

    For its buildings to reach new heights, New York City’s skyline has long depended on the acquisition and transfer of additional development rights. However, a recent challenge to the zoning and tax lot assemblage for 200 Amsterdam Avenue on Manhattan’s Upper West Side has led the NYC Department of Buildings (DOB) to reconsider a 40-year-old interpretation of the Zoning Resolution related to this process.

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