For over 25 years, Carter Ledyard has provided counsel to clients building New York City’s most significant urban development projects.  We provide real estate, litigation, environmental and condemnation advice as required for the proposed development. Our attorneys are also adept at navigating the tax incentive programs that facilitate economic development in New York.  But the feasibility of any development project starts with the application of the City’s regulations governing land use and zoning.

Our land use and zoning lawyers have a deep understanding of New York City’s Zoning Resolution and the municipal laws and procedures applicable to urban development. Our team provides land use due diligence for the acquisition of property, zoning opinions for construction financing, and at every step in between. We regularly advise clients on opportunities and limitations under current zoning, and when regulations restrict our clients, we prosecute applications for zoning variances and prepare zoning amendments, special permits, and development rights transfers to fulfill our clients’ objectives. Carter Ledyard attorneys regularly appear before the Board of Standards and Appeals, City Planning Commission, and New York City Council. We work collaboratively with New York City’s Economic Development Corporation and Department of Housing Preservation and Development to shepherd projects through the thicket of challenges facing development. We take care to understand the perspective of regulating agencies and maintain relationships with key staff to facilitate issue resolution.

Representative Development Rights Transactions

• AvalonBay Communities: Drafted Declaration and ZLDA with joint venture partner, Muss Development, to facilitate Avalon Brooklyn Bay development project.
• Ekstein Development Group / The Pinnacle Group: Drafted and negotiated PSA, Declaration, and ZLDA for transfer to facilitate development of 40-story tower, 30E31.
• Macklowe Properties: Drafted ZLDA to transfer development rights from a “fee-above-the-plane” to a development site to facilitate development of 35-story tower, 200E59.
• Tamarkin Co.: Drafted and negotiated PSA, including transfer instruments, for High Line Transfer Corridor Development Rights, to facilitate development of 550 West 29th Street.
• Extell Development Co.: Drafted Hudson Yards District Improvement Fund Bonus Restrictive Declaration and application for Certification to increase the basic maximum FAR of 555 Tenth Avenue by 244,304 SF.
• Washington Square Group: Drafted and negotiated assignment of High Line Transfer Corridor Development Rights for a record price per square foot.

Entitlements

• Hallets Point Project: Prosecuted Uniform Land Use Review Procedure (ULURP) Applications for 2.5 million square foot mixed use development, including street de-mappings, zoning map amendments, and large-scale development special permit approval to allow development rights and lot coverage obligations to be transferred across a city street.
• Two Trees / 60 Water Street: Prepared land use applications to facilitate development of a mixed, residential building with a public school in its base.
• Lexington Gardens Owners, LLC, a joint venture of Tahl Propp Equities and L&M Development Partners: Land use counsel to joint venture developing East Harlem site composed of private land improved with a project-based Section 8 building and a City-owned parking lot. Drafted and coordinated ULURP filings with New York City’s Department of Housing Preservation and Development (HPD) to facilitate development of 400 units of affordable housing.
• NoHo Commercial Conversion: Coordinated approvals from the Landmarks Preservation Commission and a ZR 74-711 Special Permit from the City Planning Commission to facilitate commercial redevelopment at 31 Bond Street.
• Brooklyn Hotel Development: Land use and tax incentive (ICAP) counsel for restoration and redevelopment of a landmarked building in Brooklyn.
• 175 Water Street: navigated land use approvals necessary to reactivate privately owned public space and enlarge a 1970’s era office tower with a new mix of cultural tenants.  Prepared and processed the first successful application for M-Core tax incentives from NYC Industrial Development Agency (IDA).
• Hotels in Manufacturing Districts: prosecuted two vested rights applications with the NYC Board of Standards and Appeals (BSA) to allow construction to continue despite change in applicable zoning.