• James P. Power advises and represents private developers and cultural, educational and health care institutions on real estate development and land use issues in New York City, including zoning and municipal law, and the land use and environmental review processes and practices before various city agencies. Jim assists clients with the analysis and assemblage of development sites, including drafting and negotiating zoning lot and development rights agreements. He also advises on inclusionary housing and Affordable New York/421-a benefits issues.

    Jim has been recognized as a leading lawyer by Chambers USA (2021 – 2023). Chambers notes that Jim “frequently advises major developers on the land use and zoning aspects of high-value projects,” with sources saying that he is “very smart and very professional,” his “client service, sophistication and commercial awareness are very strong,” and “he has great technical prowess in New York City zoning codes.” (2022). Legal 500 also named Jim as one of its “next generation partners” (2020 – 2022).

    Jim lectures on land use and zoning in New York City at programs sponsored by continuing legal educational organizations, as well as by professional and industry groups. He speaks, and has been quoted and published, on a range of land use topics, including residential conversions, air rights transactions, the Mandatory Inclusionary Housing and 421-a tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and restrictions on hotel use in M1 manufacturing districts. Recent articles and quotes have been published in Crain’s New York Business, the New York Post, the New York Law Journal, Real Estate Weekly, the Commercial Observer and Law360.com. 

    Among his most notable work, Jim has advised a major developer as land use counsel on its largest and most complex projects throughout the years, including the current development of a residential tower rises 1,066 feet and the tallest building in Brooklyn. The project includes new retail use in the landmark portion of the site and over 500 residential units.

    On behalf of a major New York City developer, Jim recently secured a text amendment and City Planning Commission special permits for a new residential development in the West Clinton area, and obtained a variance for a new residential project at a high-profile site in Tribeca for a prominent design-build developer. Jim also represented a major hotel investment firm on a series of development projects involving complex site assemblages in the midst of recent regulatory changes.

    Prior to law school, Jim worked on housing, economic development and open-space issues and was a New York City Urban Fellow.

    Experience

    • Advised a major developer as land use counsel on its largest and most complex projects throughout the years, including the current development of a new residential tower — the tallest building in Brooklyn at 1,066 feet — that includes new retail use in the landmark portion of the site and over 500 residential units. Also advised on site assemblage, Department of Buildings approvals and inclusionary housing issues in connection with a project on West 57th Street, which is the thinnest skyscraper in the world, with a width-to-height ratio of 1:24.

    • Represented a major developer in obtaining zoning text amendments and City Planning Commission special permits with respect to its new residential development in West Chelsea.

    • Represented a major medical institution on various matters, including obtaining variances from the Board of Standards and Appeals for a major ambulatory care center and a biomedical research facility.

    • Representing major health care provider in the development of a new “continuing care retirement community”, including almost 400 independent living units.

    • Represented a major developer on a variance application before the Board of Standards and Appeals involving complex zoning issues and community challenges for a new residential development in Tribeca.

    • Represented a major hotel investment firm on a series of hotel development projects, many of which involved complex site assemblages and were being constructed in the midst of recent regulatory changes.

    • Advised on the acquisition and development of a new residential tower on the Upper West Side, and defended the project’s DOB approvals in proceedings before the Board of Standards and Appeals.

    • Advising on proposed rezoning and redevelopment of a shopping center site in the Bronx to facilitate a long-term redevelopment.

    • Representing industrial and commercial property owners as an expert witness in connection with the condemnation of parcels on the South Bronx waterfront.

    Credentials

    Education

    • J.D., New York University School of Law, 1995
    • B.A., Williams College, 1990

    Bar Admissions

    • New York, 1996

    Professional Affiliations

    • New York State Bar Association
    • Urban Land Institute, Urban Plan II Facilitator
    • Association of the Bar of the City of New York, Environmental Law and Municipal Affairs Committees (prior service)
    • New York City Urban Fellow, Public Development Corporation (1990 – 1991)

    Focus Areas

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