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New York Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for New York on
Q: This is in regard to a petition. How do I legally start one for my neighborhood?

My neighborhood shares a property line with a major hotel. The hotel wants to set up a tent, six months out of the year to have social events i.e. wedding. The tent would be set up 100 feet from many homeowners in my neighborhood. The tent would produce many unwanted problems like noise. How do... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

You have a right to ask people to sign a petition that you draft. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How does a religious retreat center with lodging for 25 overnight guests fit into the definitio of "religious structure?

We are interested to include a religious retreat center under the use of a "religious structure" in a rural area that is zoned residential. Religious structures are allowed as a non-conforming use within this residential zoning with a site plan. The zoning of the town defines it as... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

If you're using the retreat for regular worship, you might be able to have it considered as a religious structure. A review of your organization, its uses of the building, and the law are required. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New York on
Q: I have a car in a parking lot with no plates, insurance or registration, my landlord gives me a four day notice

Can they give me such a short notice for ground of towing in NY

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

It may be considered trash or abandoned property, or it may be considered a nuisance/ eye-sore to neighbors. Check the terms of your lease and your local city ordinance re: such issues. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Real Estate Law for New York on
Q: Is it legal for a corporation to rent or lease live-in vans to be used as short term housing on the streets of NYC?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

That sounds like a possible violation of housing, vagrancy, and/or loitering laws. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I am going to be evicted due to a non working pump and furnace repairman coming Tuesday for both).,,,and clutter.

my infared heaters do just fine. Ni inside inspection till Thursday,but at Monday's town meeting they plan on railroading me just the same. I have asked fir mire time ti clear my home, but they want it done YESTERDAY! I need a temporary injunction, town lawyer said they would stop then!... View More

Barry E. Janay
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answered on Jan 9, 2017

I honestly would love to help you, but I have mouths to feed myself and I am pretty sure that you wouldn't want to pay me a retainer to get started. I suggest that you contact the local bar association in the county, town, municipality in which you live requesting a referral or for the number... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: "town and village codes"

Need advice. I sold my home to a cash buyer. we both signed contract and everything was moving along. In the contract it stated the house was to be sold "as is, and no reduction in purchase price or claim of any kind for any change in such condition," etc...Basically the buyer knew I... View More

Sharon M. Siegel
Sharon M. Siegel
answered on Sep 2, 2016

It depends on what your contract says. If it is the form, you need to legalize the deck or cancel the contract. This is a common suburban issue. I am not sure why your attorney cannot deal with it.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: Do I need sprinkler system for 100 year building in Manhattan. The size of the building is 27x42 and has 4 stories.

Which includes 3 apartments and one store. One basement and one subbasement. There are some old sprinkler pipe in the building and the inspector came and told us to upgrade the system. The system is so old and I don't think it works and will take a lot of money to upgrade. Is it possible to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2016

Don't count on it. You need to talk to an architect. However understand just because you try to McGyver your way out of a regulation doesn't mean the regulating authority has to bite. Talk to the historic preservation groups--there may be funding to help you if you agree not to trash the facade etc.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Land Use & Zoning for New York on
Q: Are there any prohibitions or restriction on renting office space or commercial space by the hour, day, week, etc in NYC

Various zoning and other laws restrict the legality of AirBnB short term residential apartment rentals in NYC. Any prohibitions or restrictions on renting office space or commercial space by the hour, day, week, etc? I know a lease agreement may restrict it but I’m more interested in whether any... View More

Barry E. Janay
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answered on Jul 22, 2016

Generally no, there are no restrictions on office space. There are however of course zoning restrictions, but most of NYC is "mixed use" commercial and residential. To most accurately answer your question we'd need to review the exact location.

1 Answer | Asked in Land Use & Zoning for New York on
Q: Does the following town mean that I must have gutters?

Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2015

It indicates that gutters shall be maintained, etc. It doesn't specifically require gutters. Without gutters, the water will presumably drip from the eves. If this discharge somehow constitutes a public nuisance, it would violate the ordinance.

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