In response to the Coronavirus outbreak, many New York City residents have sought refuge from the epicenter of the disease by travelling to the East End of Long Island. On March 27, 2020, several East End leaders, including leaders from the Town of Southampton, Town of Southold, Town of Riverhead, Village of Westhampton Beach, Village of North Haven, Village of
Continue Reading Southampton Town Targets Short Term Rentals For Enforcement Due To Covid-19 Outbreak
Short-Term Rental Law Stumbles, But Survives Federal Court Challenge
Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. Several years ago, the Shelter Island Town Board enacted its STRL to (i) impose licensing and advertising requirements for certain vacation rentals, (ii) prohibit certain vacation
Continue Reading Short-Term Rental Law Stumbles, But Survives Federal Court Challenge
Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions
Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. This week, we thought a recent “criminal” case decided by the Supreme Court, Appellate Term, Second Department, was not only particularly interesting, but also, the topic of illegal rental permits is one that many land use practitioners grapple with multiple
Continue Reading Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions
Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling
In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which sought to construct a large-scale retail, restaurant and movie theater complex known as “Willets West,” on the
Continue Reading Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling
Uniform Code Conflicts – Town vs. State Regulations
The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards for New York State. Article 18 of the NYS Executive Law requires municipalities within the State to administer and enforce the Uniform Code within their boundaries. Executive Law §379(3) states, “…no municipality shall have the power to supersede, void, repeal
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Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code
On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code.
In Tomasulo v. Village of Freeport, ___A.D.3d___, the Village commenced a criminal proceeding against non-party property owner, William Goodhue, Jr. (owner), alleging that the tenancy between Tomasulo (tenant) and the owner
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Second Department Reverses Trial Court: Cottage is not a Nonconforming Use
On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017 NY Slip Op 02661, the Second Department reversed a trial court decision and reinstated a decision of the Zoning Board of Appeals of the Town of Patterson. The zoning board had granted petitioner Tavano’s application to establish a legal
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Land Use and Environmental Pitfalls for Realtors- Includes Exclusive Power Point Presentation
On February 20, 2017, our colleagues blogged about Ader v. Guzman, 135 AD3d 668 [2d Dept. 2016] and a guidance letter subsequently issued by the NYS Department of State (NYSDOS). At issue was the responsibility of a real estate broker to have a working knowledge of the property being marketed, including land use and zoning restrictions. The Court
As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements
Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of the Southampton Town Code (the “Code”). Section 270-3 of the Code establishes that an owner of a residential property shall not permit or allow its use or occupancy as a rental without first obtaining a permit. If an owner does
Continue Reading As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements