Blog

The landscape of short-term rentals in New York City is ever-changing, with a recent court decision adding another chapter to its evolving story. The New York State Supreme Court, in its landmark decision in “Airbnb Inc. v. New York City Mayor’s Office of Special Enforcement, New York County Index Number 154865/2023”, dismissed a lawsuit brought by Airbnb and short-term rental hosts against the city’s regulations on such accommodations.

Constitutional rights form the backbone of our legal system. When these rights intersect with environmental concerns, the legal landscape becomes particularly intriguing. One such instance recently played out in Montana, offering insights and raising questions about similar provisions in state constitutions across the country, including New York State.

Effective January 1, 2022, New York State enacted a new constitutional amendment, known as the Green Amendment, or the Environmental Rights Amendment. Embedded within the New York State Constitution at Article I, Section 19, the Amendment assures each individual’s right to clean air, clean water, and a healthful environment. This significant constitutional change has drawn much attention, and it’s critical for residents, businesses, and government actors alike to understand what this amendment entails and how it might affect their interactions with the environment.

Every community faces a multitude of challenges. Some are more visible than others. But few issues have the capacity to create as much concern and contention as the proposed expansion of a landfill in your neighborhood. In this regard, Seneca County, New York, is no different. The ongoing controversy over the proposed expansion of the Seneca Meadows Landfill has ignited a passionate debate that extends beyond the county borders.

If you find yourself in a dispute with a state or local administrative board, agency, or officer in New York State, you may need to take legal action to challenge their determinations. In such cases, Article 78 proceedings under the New York Civil Practice Law and Rules (the “CPLR”) come into play. In this blog, we’ll explain what an Article 78 proceeding is, why you might need one, and what must be established to prevail in such a proceeding. We’ll also discuss the importance of having an attorney represent you throughout the administrative process and during the Article 78 proceeding.

Zoning and land use law can be a complicated, niche area of law, and so understanding the intricacies of regulations and requirements is vitally important. One crucial tool for seeking relief from zoning restrictions in New York State is a “use variance.” This blog post explains what a Use Variance is, discusses the requirements set forth in New York State Town Law Section 267-b(2), and the importance of legal representation before a local zoning board of appeals (ZBA).