Practice Areas

Zarin & Steinmetz successfully guides clients through the labyrinth of federal, state and local zoning and land use issues, including:

• Environmental impact review under SEQRA/CEQR and NEPA
• New York State Town, Village and General City Laws
• Municipal laws and regulations
• Rezoning and Comprehensive Plans
• Eminent Domain proceedings
• Urban renewal and mixed-use redevelopment
• Brownfield redevelopment
• Applications for site plan, subdivision, zoning amendments, variances, special permits, wetland and steep slopes permits, and other land development approvals
• Green building/LEED certification
• Religious Land Use and Institutionalized Persons Act (“RLUIPA”) and Fair Housing Act (“FHA”) compliance
• Zoning enforcement actions

Z&S regularly represents clients before municipal planning boards, zoning boards of appeal, legislative bodies, and various state and federal agencies in connection with obtaining approvals for all aspects of land development.  We also serve as Special Land Use and Environmental Counsel to numerous municipalities throughout New York State in complex and sophisticated land use matters. In addition, Z&S represents various community groups and coalitions of residents, elected officials and other individual stakeholders who have certain concerns about proposed projects.  Working together with a team of planners, engineers and other professional consultants, we counsel our clients through what is often a multifaceted land use review process. We especially appreciate the necessity of creating a strong and defensible administrative record in the event of an administrative or judicial challenge.  We also litigate such matters when necessary.

Zarin & Steinmetz guides municipalities and private parties through all aspects of State and Federal environmental investigation and remediation processes, including negotiation of complex consent decrees and administrative orders, coordinating remediation in a timely and cost efficient manner, and litigating multi-party cost recovery actions.  The firm has broad experience in this area, specifically including:

• Remediation and cost recovery actions under CERCLA, RCRA and NYS Navigation Law
• Voluntary cleanup programs
• Negotiated cleanup agreements
• Brownfield development
• Regulatory compliance
• Superfund litigation
• Transactional due diligence
• Administrative proceedings
• Civil and criminal enforcement actions

Zarin & Steinmetz litigates in federal, state and municipal courts, at both the trial and appellate levels, as well as before administrative agencies. Although we strive to keep clients out of court and advise them on settlements when appropriate, we also vigorously litigate on their behalf when necessary.

We litigate all matters related to environmental issues, land use, zoning and real estate, including claims pertaining to:

• SEQRA/CEQR and NEPA
• State and Federal Constitutions, such as First Amendment, RLUIPA, and Takings actions
• Eminent Domain proceedings
• Historic preservation
• Inter-municipal conflicts
• Municipal zoning and land use laws and regulations, including all litigation arising out of our land development practice
• Article 78 Proceedings
• Landlord/Tenant
• Title disputes
• General commercial/business

Zarin & Steinmetz is one of the leading law firms in the region concentrating in guiding municipalities (as Special Counsel) and private developers through the complex legal and regulatory issues which typically arise during the course of large-scale, public-private, mixed-use development projects. Public-Private Partnership projects frequently involve the economic revitalization of underutilized or blighted areas, such as waterfront sites and former contaminated industrial properties. These projects typically present issues related to Land Acquisition and Disposition, Eminent Domain, Brownfield Redevelopment, Urban Renewal, Zoning, Planning and Land Use, waterfront redevelopment, and compliance with SEQRA, NEPA and other environmental laws and regulations.

We are actively engaged in all aspects of a Public-Private Partnership, including negotiating and drafting various agreements, such as Exclusivity Agreements, Memoranda of Understanding, Development Agreements and Land Disposition Agreements, which govern the implementation of these types of redevelopment projects. Some of the key provisions in such agreements include various purchase price structures, public benefits/infrastructure/amenity packages, property acquisition procedures and funding (including eminent domain for privately owned parcels), PILOTs, TIFs, timing of necessary regulatory approvals, affordable/workforce housing requirements, community benefit programs (such as local job training and vendor programs), construction scheduling/phasing, and environmental/remediation obligations.

A small sample of Public-Private Partnerships that we have been involved with includes:

• City of Glen Cove – Waterfront Redevelopment Project
• City of Mount Vernon – Atlantic Development Project
• Benjamin Companies – The Knolls Of Dover
• City of Newburgh – Waterfront Redevelopment Project
• City of Mount Vernon – Sandford Boulevard Project
• Hudson Heritage Development, LLC – Hudson Heritage Park Project
• Village of Ossining – Village Waterfront Redevelopment
• Village of Port Chester – Marina Redevelopment Project

Zarin & Steinmetz has widespread experience in real estate and business transactions, including:

• Acquisition and sale of vacant land and development projects
• Residential and commercial real estate closings
• Commercial and residential financing and leasing
• Due diligence research and analysis
• Resolving and/or litigating complex title issues
• Formation of business entities
• Negotiating and preparing an extensive array of instruments and agreements, such as loan documents and restructuring agreements, shareholder agreements, operating agreements, joint venture agreements, asset purchase and stock purchase agreements, and condominium and cooperative form of ownership documents

Zarin & Steinmetz provides counsel and guidance through the complex maze of landlord/tenant law and litigation in both New York and Connecticut.  We also represent clients in negotiating and preparing residential and commercial leases.  Our landlord/tenant and leasing practice includes:

• Prosecuting and defending summary non-payment proceeding, holdover proceedings for possession, and Yellowstone Injunctions, in local Justice Courts, New York Supreme Court, and the Housing Session of Connecticut Superior Court
• Litigating  lease violations
• Negotiating and drafting commercial leases, licenses, subleases, and assignments, including lease terminations and extensions

Zarin & Steinmetz has extensive experience representing private entities and municipal agencies in eminent domain matters, including litigation and settlements in temporary takings cases, and the use of eminent domain in large-scale economic development and municipal infrastructure projects.  The firm’s experience in this area includes:

• Navigating clients through the statutory requirements of New York Eminent Domain Procedure Law, including “public use” determinations
• Valuation negotiations and, when necessary, litigation regarding land and fixtures
• Interrelation between Eminent Domain and SEQRA/NEPA, as well as New York General Municipal Law
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
• Emergency Tenant Protection Act

Zarin & Steinmetz is well positioned to assist clients in meeting emerging green building requirements and achieving their own sustainability goals, including:

• Formulating and implementing sustainability programs, including comprehensive planning and legislation
• Addressing climate change issues and greenhouse gas (ghg) analysis, including as part of SEQRA review
• Coordinating LEED_® certification
• Negotiating and drafting green leases, including establishing green building practices and allocating financial responsibility for green building improvements

Daniel M. Richmond is a Leadership in Energy & Environmental Design (LEED)_® Accredited Professional