The Changing Suburban Landscape

Land Use

 

Christopher B. Leinberger, Visiting Fellow at the Metropolitan Policy Program at The Brookings Institution, Professor of Practice and Director of the graduate Real Estate Program at The University of Michigan, and Founding Partner of the Arcadia Land Company, recently authored an analysis of the impact of the housing collapse and the rapidly changing demographics of America’s population on the future of suburbia.  His analysis was explained in an article published in the New York Times in November 2011, titled, “The Death of the Fringe Suburb.”

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Posted by Michael Sahn

NYC Department of City Planning Releases Historical Documents Relating to the 1961 Zoning Resolution

Land Use

The NYC Zoning Resolution turned 50 years old last year.  In conjunction with this anniversary, the NYC Department of City Planning (“DCP”) is releasing historical documents relating to the 1961 Zoning Resolution, including the 1916 Zoning Resolution, the original 1961 Zoning Resolution, as well as minutes from public hearings held by the City Planning Commission in connection with the 1961 Zoning Resolution, the Commission’s report outlining the need for new zoning regulations, and reports obtained from consultants throughout the 1950’s in preparation for the 1961 zoning resolution overhaul.  The intent is that DCP will continue to catalog years of historical planning documents and release them so that they can be researchable by the public.   Click on the following link for more information:  http://www.nyc.gov/html/dcp/html/history_project/index.shtml

Posted by Daniel Braff

Village Code Provision Regulating the Issuance of Residential Rental Permits is Unconstitutional when Conditioned upon a Mandatory Inspection of the Premises Sought to be Rented

Municipal Law

In the first group of decisions to be issued in the New Year, the Second Department begins with a lesson in constitutional law.  In ATM One, LLC v. Incorporated Vil. of Hempstead, 2012 NY Slip. Op. 00173 (2d Dept. 2012), the Court held that a provision of the Village Code of the Village of Hempstead was unconstitutional on its face.  The Code provision in question conditioned the issuance of residential rental permits on a mandatory inspection of the rental unit by the Village Building Department.  The Court found that the Village could not use the issuance of a rental permit to coerce a property owner to submit to a warrantless inspection in violations of the rights guaranteed to him or her under the Constitution.  Read the rest of this entry »

Posted by John Christopher