Tagged: York

Orange County Clerk’s Office Closes, Preventing Property Searches and Threatening to Delay Real Estate Closings

Due to building conditions resulting from recent heavy rains, the County Executive of Orange County, New York, closed indefinitely the Orange County Government Center as of 3:00 p.m. last Thursday. In a press release, Orange County Executive Edward A. Diana announced having “ordered that the building be closed until further notice as we evaluate and remediate the situation.” The Orange County Government Center houses the County Clerk’s Office, among other government offices.

Southern District of New York Mandates Early Mediation in Employment Discrimination Cases

The U.S. District Court for the Southern District of New York (“SDNY”) recently issued a Notice to the Bar advising that effective January 3, 2011, all employment discrimination cases, except cases filed under the Fair Labor Standards Act, will be automatically referred for early mediation through the court’s Alternative Dispute Resolution program.

Gibbons Real Property & Environmental Law Alert Nominated for LexisNexis Top 50 Environmental Law & Climate Change Blogs for 2011

For the first time, the LexisNexis Environmental Law & Climate Change Community is honoring a select group of blogs that they believe set the online standard for the practice area. This Real Property & Environmental Law Alert is among the nominees. According to LexisNexis, they selected the nominees based on timely topics, quality writing, frequent posts and that certain something ‘extra’ that keeps a web audience coming back for more. They described our blog as follows: “A rotating group of contributors writes about transactional real estate, development and redevelopment, and environmental law. Although there is some focus on developments in New Jersey, New York, Philadelphia and Delaware, the content is also national in scope.”

New York Subdivision Law Amended to Allow Planning Boards Greater Flexibility in Granting Extensions

Due to the current economic climate and project financing difficulties, Section 276(7)(c) of the New York Town Law was recently amended to allow planning boards greater flexibility in extending subdivision approval beyond the two ninety (90) day extensions previously allowed. Town Law 276(7)(c) provides that a conditional final subdivision plat expires 180 days following the date of the resolution of approval unless all conditions are satisfied. It further authorizes planning boards to grant two extensions, having a duration of ninety (90) days each, after expiration of the original 180-day timeframe for satisfaction of conditions of approval.

NY Landlord May Use “Self Help” to Evict

The New York Supreme Court, Appellate Term has just reaffirmed that a landlord, under certain circumstances, may evict a tenant utilizing classic “self help” and without court action. In Sol De Ibiza, LLC v Panjo Realty, Inc. the landlord, after the tenant failed to comply with various rent demands, padlocked the door – which padlock the tenant then cut off – and which the landlord then replaced.

Russ Bershad Featured in Real Estate Weekly’s Industry Leaders Article

Russell Bershad, Co-Chair of the Gibbons Real Property & Environmental Department, was featured as an Industry Leader in the August 25, 2010, issue of Real Estate Weekly. Real Estate Weekly noted, “In one of the most challenging real estate environments in recent history, Bershad has expanded what is one of New Jersey’s busiest regional practices.”

Port Authority of NY and NJ Tries to Catch the Wind – and its Tax Credits

A bill that would add the Port District of the Port Authority of New York and New Jersey to the definition of “wind energy zones” in the newly adopted Offshore Wind Economic Development Act, was reported out of the Senate Budge and Appropriations Committee on September 13, 2010. The amendment would allow tax credits for qualified wind energy facilities in the Port District.

Green or Not to Green, That is the Question? Whether it is Nobler to Build a Green Building or Suffer the Ignominy of an Ungreen One

With energy costs high and the focus on combating global warming, there is an impetus toward encouraging the development of Green Buildings. Buildings account for 39% of the total energy usage in the U.S., two thirds of the electricity consumption and 1/8 of the water usage. Building codes, setting minimum standards for construction, now include standards for energy efficiency. Green Codes are creeping in.

NYC Mayor Michael Bloomberg Signs New Owner Disclosure Law

On September 8, 2010, New York City Mayor Michael Bloomberg signed a new law that will require owners of multiple dwellings to provide the New York City Department of Housing Preservation & Development (HPD) with their names, business and residential addresses and telephone numbers on an annual basis. The law also requires all shareholders who hold at least 25% of a corporation, partnership or limited liability company to comply with the disclosure requirements as well. Finally, the law mandates that a U.S. postal service mail box can not be used as a valid address.