UPDATE: Proposed Zoning to Restrict Hotels for New York City

July 22, 2020

Herrick’s Land Use & Zoning Group has learned that the Mayor is now moving forward with a proposed change to the Zoning Resolution to prohibit hotels throughout the City. If the Zoning amendment is adopted, hotels will no longer be allowed “as-of-right” – instead, any new hotel will be required to obtain a Special Permit. Special Permits are subject to the City’s Uniform Land Use Review Process, requiring multiple public hearings, environmental review and a vote of the City Council.

Although it enjoys the support of critical allies of the Administration, we believe that this new plan is a misuse of the Zoning Resolution and we expect that it will be opposed by REBNY and others. However, as we have reported, similar measures aimed at limiting hotels have been adopted in recent years.

Should you have a hotel project underway or in consideration, we would be pleased to discuss methods to “grandfather” (or vest) under current zoning. Such protections are limited, however, and it is critical to consider a full review of all options.

Please contact Mitchell Korbey with questions.

© 2020 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.