2nd Update: Proposed Zoning to Restrict Hotels for New York City Advances to City Council but with a Critical Change by the Planning Commission

October 20, 2021

Herrick’s Land Use & Zoning Team has been carefully following Mayor de Blasio’s (unfortunate and ill-timed) zoning plan to require all new hotels in the City to obtain a 2-year long Special Permit approval. This morning, the City Planning Commission approved the amendment – but made an important change, which has not been widely reported.

Prior to today, the new zoning’s vesting provision (which seeks to protect hotels in DOB pipeline but not under construction) required that DOB zoning and code review and sign-off for a hotel be obtained by the time of adoption of the zoning by the City Council next month. However, this morning the City Planning Commission changed the new zoning to extend this time for one year after adoption to allow hotels already under review at DOB to have more time to secure their sign-offs. This is significant help to hotel projects lined up at DOB, but not yet approved.

It’s important to note however that the zoning amendment will now proceed to the City Council, who will have the opportunity to either modify the much needed vesting provision or leave as is in their likely approval of the Mayor’s plan. Please reach out to us should you have any questions or concerns about this critical new zoning.

For more information on this issue or other land use & zoning matters, please contact:

Mitchell A. Korbey at +1 212 592 1483 or [email protected]
Vinh Van Vo at +1 212 592 1588 or [email protected]

© 2021 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.