Real Estate Development Applications + Entitlements

If you are reading this in New York, you likely have a vision. Maybe you see an empty lot in Brooklyn and picture a mixed-use building with a coffee shop on the corner. Perhaps you are looking at an old warehouse in Queens and envisioning loft apartments. Or maybe you simply want to add an extension to your home in Manhattan. Whatever the vision, turning it into steel, glass, and concrete requires more than just capital and blueprints. It requires permission. 

At MDJ Law, I help developers, business owners, and homeowners secure the approvals they need to build. I am a New York City real estate attorney who understands that time is money in development. When applications stall, costs mount. My goal is to keep your project moving forward by handling the legal heavy lifting involved in zoning, land use, and entitlements. 

My firm offers a different kind of legal support—one that blends high-level legal knowledge with practical, boots-on-the-ground construction experience. I don't just sit in an office reviewing contracts; I understand the physical and operational realities of getting a building out of the ground.

You need an attorney for this process because the rules for building in New York are dense and unforgiving. A simple administrative error can set a project back by months. Having legal counsel means having someone to anticipate the hurdles, manage the paperwork, and advocate for your vision before the relevant boards and agencies. I proudly serve clients across New York City, including Manhattan, Brooklyn, Queens, The Bronx, and Staten Island, New York State, and Washington, D.C. 

What are Land Use Entitlements?

"Entitlements" is a broad term for the legal rights to develop a property for a specific use. Before you can break ground, you often need to prove that your project fits within the local zoning laws, or you need to ask for an exception. Securing these rights is rarely straightforward. It usually involves a mix of: 

• Zoning analysis: Determining exactly what you can build "as-of-right" versus what requires special permission. 

• Special permits: Gaining approval for specific uses that aren't automatically allowed but may be permitted under certain conditions. 

• Variances: Asking the Board of Standards and Appeals (BSA) for permission to deviate from zoning rules due to a unique hardship. 

• Rezoning: A more involved process to change the zoning map or text to allow for your project. 

Every piece of land in New York City comes with a specific set of rules. These rules dictate height, density, setbacks, and use. If your vision doesn't perfectly align with the existing rulebook, you need to go through the entitlement process. Learn more by speaking with a knowledgeable real estate attorney.

The Development Application Process

The path to approval often involves multiple city agencies. Depending on your project, we might need to interface with the Department of Buildings (DOB), the City Planning Commission (CPC), the Board of Standards and Appeals (BSA), or the Landmarks Preservation Commission (LPC). 

My role is to manage these interactions. I prepare the necessary applications, coordinate with your architects and engineers, and present your case to the decision-makers. 

Zoning Amendments and Rezoning

Sometimes, the current zoning simply does not work for the neighborhood's needs or for what you want to build. Requesting a zoning map amendment is a significant undertaking. It requires demonstrating that the change benefits the community and aligns with broader city planning goals. I help clients build a compelling narrative and assemble the technical data needed to support these requests. 

Special Permits

Certain uses, like large retail establishments, community facilities, or parking garages, often require a special permit. This isn't a variance (which is based on hardship); it is a discretionary approval. We have to show that your project won't negatively impact the surrounding area. I work to gather the necessary environmental studies and traffic analysis to support your application. 

Variances 

If your property has an odd shape, unique topography, or other physical conditions that make it impossible to comply with strict zoning rules, we may pursue a variance. This is a request for relief. To succeed, we must prove that strict application of the zoning law would cause "practical difficulties or unnecessary hardships." I help you document these hardships clearly so the Board understands why the standard rules shouldn't apply to your specific site. 

Air Rights and Transferable Development Rights (TDRs)

In a dense city like New York, the space above a building is just as valuable as the land underneath it. "Air rights" refer to the unused development potential of a lot. If a building is smaller than the zoning allows, the owner may be able to sell that unused potential to a neighbor. 

This allows the buyer to build taller than they otherwise could. However, transferring these rights is a highly technical legal transaction. It involves specific zoning lot mergers and strict compliance with city codes. I assist clients in: 

• Calculating available air rights. 

• Negotiating the purchase or sale of development rights. 

• Drafting Zoning Lot Development Agreements (ZLDAs). 

• Recording the necessary documents with the county clerk. 

If you are looking to build up or are a property owner looking to monetize your unused space, I can help you structure the deal safely. 

Landmarks and Historic Districts

New York City takes history seriously. If your property is a designated landmark or is located within a historic district, you face an additional layer of regulation. The Landmarks Preservation Commission (LPC) must approve any exterior changes to the building. 

This includes everything from replacing windows to adding a rooftop addition. I guide clients through the Certificate of Appropriateness process. We will work together to present your plans in a way that respects the building's historic character while still achieving your modern development goals. I have experience presenting before the LPC and understand what they are looking for in a successful application. 

Understanding ULURP

For major land use changes, such as rezonings or large special permits, projects must go through the Uniform Land Use Review Procedure (ULURP). This is a standardized public review process with a strict timeline. It involves review and voting by: 

1. The Community Board 

2. The Borough President 

3. The City Planning Commission 

4. The City Council 

5. The Mayor 

This is a very public process. It requires not just legal preparation, but community engagement. I help clients prepare for public hearings, anticipate community concerns, and modify plans when necessary to gain political support. Failing to prepare for the public nature of ULURP is a common mistake; I help you get ready for the scrutiny. 

New York Laws Related to Real Estate Development

Development in New York City is governed primarily by the New York City Zoning Resolution. This massive legal document, first enacted in 1916 and totally overhauled in 1961, divides the city into residential, commercial, and manufacturing districts. 

However, state law also plays a major role. The New York State General City Law grants the city the power to regulate land use. Specifically, Section 27 allows the city to create a planning board, and Section 81 governs the Board of Appeals. 

Additionally, the State Environmental Quality Review Act (SEQRA)—and its city counterpart, CEQR (City Environmental Quality Review)—is critical for development. These laws mandate that almost any discretionary decision by a city agency (like a rezoning or variance) must undergo an environmental review. We must assess how your project impacts traffic, air quality, noise, and neighborhood character. Before any shovel hits the dirt, we often have to issue a determination that the project will not have significant adverse environmental impacts. Ignoring SEQRA/CEQR requirements is a fast track to having your permits revoked by a court. 

New York Real Estate Law Attorney

At MDJ Law, my practice is built on over ten years of legal work in New York City, combined with direct hands-on experience in the construction and development sectors. I don't just draft documents; I understand the nuts and bolts of building. I handle a full spectrum of real estate needs, from billion-dollar commercial lease negotiations for major portfolios to advising small businesses and tenants. Whether you need help with transactions, litigation, or construction management, I bring a practical, results-oriented perspective to your project. I am licensed to practice in both New York and Washington, D.C. Call today to schedule a consultation.