NYC Weather Advisory Guide

For the next 6 months, paying the rent is going to be everyone’s biggest headache so we need to figure out how to deal with leases and Landy in order to make it through to the promised land.  HL has assembled our resident experts to discuss topics like:

–  The effect of 1932-A on current lease negotiations.

–  How to get Landy to the table.

–  Different deal structures that lower rent

–  Effective negotiation techniques

This will be an interactive webinar and HL clients are encouraged to ask questions to be answered by our panel.

Please join us on Wednesday, December 16, 2020 at 11:00 AM for a webinar, hosted by our Litigation Practice Group, including its Chair, Maya Petrocelli.

Sign up today using the following link: https://zoom.us/webinar/register/WN_gUrLiyiBRfiLxnh35jTESw

WEATHER ALERT by Lee Jacobs, Partner

Snow is on the way…and that means…MORE RULES! As the weather changes, the Department of Transportation (“DOT”) and Sanitation (“DSNY”) have specific rules for tenants to follow. Rules relating to snow removal apply regardless of whether a restaurant is open or closed. Please see the below tips relating to outdoor dining, snow removal, and other snow-related responsibilities to keep in mind.  In short, as you can see, a lot depends on what type of weather advisory/alert the city has issued.  Stay tuned and connected to keep ahead of what mother nature can throw at you. 

First, watch for one of two levels of advisories, either a “Winter Operations Advisory” or a “Snow Alert”.  A Winter Weather Advisory means that winter weather is possible. A Snow Alert means that more than one inch of accumulating snow fall is possible.  Under a Winter Operations Advisory, while roadway dining may continue, you should take steps to protect your patrons, staff and property.  You should also be aware that the Department of Sanitation (“DSNY”) may spread salt and/or brine to prevent freezing.  Think about this.  You have seen those trucks come down the streets scattering salt—everywhere.  Are you prepared for this?

If a Snow Alert is declared, that means that Roadway dining MUST CLOSE by the time indicated in the Alert by the City.  DSNY may begin spreading salt and/or brine on the roadway up to 48 hours before an Alert begins. You are required to remove or secure furniture and remove electric heaters.  If the forecast calls for more than 12 inches of snow, you must also remove the tops of your structures if possible, as well as remove or consolidate your structures, including barriers, to take up as little space as possible. This is so that it easier for DSNY to plow and to protect your property. 

If you’re unable to remove or consolidate your roadway setup, you are encouraged to take steps to protect your assets from damage due to snow removal operations. DSNY has conducted training exercises that included simulated snow removal operations on narrow streets with roadway setups on both sides.  DSNY will conduct targeted outreach to restaurants to ensure setups meet DOT siting criteria and that roads can be efficiently plowed and remain passable—but we advise everyone to err on the side of caution and consolidate, compact, streamline or even remove street dining property for everyone’s protection and safety.  Remember, you should also use your snow sticks to increase visibility of your setup components.

Sign up now with Notice NYC to be alerted immediately when such weather advisories go into effect.  To sign up for Notify NYC, call 311, visit www.nyc.gov/notifynyc, or follow @NotifyNYC on Twitter

If you have any questions for us, please do not hesitate to contact Maya Petrocelli, [email protected], Chair of the Litigation Practice Group, or Lee Jacobs, [email protected], Partner and Chair of the Employment Practices Group, or any other members of our litigation team.