In Brief

Kramer Levin Naftalis & Frankel LLP's Land Use Department has one of the largest and most sophisticated zoning practices in New York City. Our attorneys have deep experience handling all aspects of site development, including zoning changes, special permits, variances, landmark proceedings, air rights transfers, tax abatements and economic development incentives. Our expertise is broad and diverse, having worked with major corporations, financial institutions, non-profit organizations, and commercial and residential developers on matters ranging in scale and complexity from securing zoning approvals and negotiating economic incentive packages for many of New York City's most prominent office towers, to individual variances and landmark approvals for alterations to existing residential and commercial buildings. Our Land Use Department also has significant experience in zoning matters in suburban areas in the New York Metropolitan Area.

Principal Areas of Focus

Our attorneys appear regularly before City and State agencies that have land use jurisdiction including the City Council, the City Planning Commission, the Borough Presidents, the Board of Standards and Appeals, the Landmarks Preservation Commission, the Metropolitan Transportation Authority, the Empire State Development Corporation, the Economic Development Corporation, the Department of Buildings and Community Boards.  In addition, we appear regularly before town and village Planning Boards, Zoning Boards of Appeal and other suburban municipal bodies.

The combination of our transactional experience and knowledge in our Land Use practice makes us unique in being able to offer all legal services necessary for site acquisition and development in the City of New York and the surrounding area.

Representative Clients/Transactions

Recent transactions in which our attorneys have been involved include:

• Representing a major investment bank in obtaining zoning approvals to facilitate development of a 45-story, 1.25 million square foot world headquarters, utilizing the transfer of 286,000 square feet of landmark development rights from Grand Central Terminal, the largest such transfer to date
• Securing land use approvals, including a rezoning, a zoning text change and special permits for a recently completed 230,000 square foot addition to a world-renowned modern art museum
• Securing land use approvals for a distinguished teaching hospital's roughly one million square foot enlargement on a platform above the FDR Drive
• Representing a major media corporation in the development of an enlarged headquarters facility by securing landmarks approvals to add a 36 story 650,000 square foot tower above a designated landmark and zoning approvals for a 120,500 square foot floor area bonus for providing transit improvements
• Advising a prominent university with numerous real estate holdings on zoning and development issues and obtaining land use approvals for all of its new development projects
• Representing a leading REIT, the largest owner of office property in New York City, on its land use matters, including approvals for a new mixed-use tower planned at a former midtown department store site
• Representing the developer of a regional "power mall" in Suffolk County, New York in obtaining land use approvals and ensuing litigation

We also counsel clients on obtaining tax exemptions and other economic development incentives from governmental agencies. We approach a project with a comprehensive understanding of the various incentive programs and opportunities available to the client. Recently, our experience in this area led a major civic organization to request that our attorneys assist the City of New York in the development of the Revitalization Plan for Lower Manhattan. Other examples of our work in this area include:

• Representing numerous developers of residential housing in obtaining tax exemptions under New York City's Section 421-a program
• Securing tax exemptions under New York City's Industrial and Commercial Incentive Program for developers of office buildings, hotels, retail buildings and other commercial projects
• Negotiating incentive packages for corporate and institutional clients considering whether to relocate or remain in New York City