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Zoning & Land Use

Rosenberg & Estis, P.C.‘s zoning and land use attorneys have extensive experience providing clients with expert zoning and land use advice, which are key considerations in any real estate transaction in New York City, whether purchase/sale, development or lease.

Prior to a contract, we provide zoning due diligence in the form of expert zoning analyses and memos so that clients have a clear understanding of how a given property may be used or developed “as-of-right,” and of the land use approvals that can be utilized to increase a property’s use or development potential — and its value.

Our zoning and land use attorneys have many years of experience successfully obtaining land use approvals, such as rezonings, special permits and variances from the Department of City Planning, Board of Standards and Appeals and Landmarks Preservation Commission. We work with the City agencies, local community planning boards and elected officials to expeditiously guide our clients through the public review processes required for such approvals and to ensure approval.

We are also adept at identifying creative interpretations of applicable law and obtaining zoning determinations from the Department of Buildings, thereby enabling clients to realize the full development potential of their property without the need for special approvals.

The acquisition and use of “air rights” has become an increasingly important component of real estate development in New York City, and our zoning and land use lawyers have successfully represented both purchasers and sellers of air rights by negotiating and preparing zoning lot merger, development rights transfer, and light and air easement agreements and declarations.

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