On March 16, 2020, New York City Mayor Bill DeBlasio issued Emergency Executive Order 100 (the Executive Order) in response to the COVID-19 pandemic. Section 2 of the Executive Order stops the clock on land use applications that require an agency public hearing, community board public hearing, or final New York City Council vote.
Update as of April 20, 2020:
Recently, some of the City's land use agencies and City Council have transitioned to virtual hearings to get applications back on track during the ongoing pandemic. The City Council will hold a digital hearing on April 22 for the first time in history. The Landmarks Preservation Commission will also launch virtual hearings, while the Board of Standards and Appeals has held several weeks of virtual hearings, which include a public testimony portion, alleviating some critics' concerns over public participation in the review process.
Importantly, Uniform Land Use Review Procedure (ULURP) actions at the City Planning Commission and all community board meetings have yet to transition to virtual hearings. Thus the clock remains paused on all ULURP applications and any new land use applications requiring a community board hearing.
We will continue to update you as this situation evolves.
March 16, 2020:
On March 16, 2020, New York City Mayor Bill DeBlasio issued Emergency Executive Order 100 (the "Executive Order") in response to the COVID-19 pandemic. Section 2 of the Executive Order stops the clock on all filed Uniform Land Use Review (ULURP) applications, new Board of Standards and Appeals (BSA) applications that require a community board hearing, and other land use applications that impose timing limitations on the City's response, such as zoning certification and authorizations.
The Executive Order does not hinder an applicant's ability to file an application with a land use agency, nor does it halt the hearings of all land use agencies. For example, an application can be filed with the Department of City Planning (DCP), but the DCP would not have to send the completed application to a community board within the time horizons specified by law. BSA hearings, which are not required to occur within a specified time horizon, are proceeding for a limited number of cases under an executive order issued by New York State Governor Andrew Cuomo permitting public hearings by teleconference. Landmarks Preservation Commission and City Planning Commission hearings are suspended through the remainder of March.
Mayor DeBlasio's citywide Executive Order will remain in effect for the entirety of New York City's state of emergency.