NYC Lawyers Weigh In On CBA’s

The Role of Community Benefits Agreements In NYC’s Land Use Process is a March 2010 study by the NYC Bar Association: “Given the rising popularity of CBAs, and the growing controversy over their use, however, it is important to evaluate the benefits and drawbacks of these agreements in light of both the experience of parties who have entered into CBAs and more theoretical concerns about the impact that CBAs may have on the processes of land use regulation and real estate development.”

Vicki Been is a professor of law at NYU and she was a member of NYC Bar sub-committee that authored the above-mentioned study. Also in 2010, Ms Been felt moved to write her own law review article on CBA’s entitled A New Local Government Tool or Another Variation on the Exactions Theme? Her paper “recommends that local governments avoid the use of CBAs in land use approval processes unless the CBAs are negotiated through processes designed to ensure the transparency of the negotiations, the representativeness and accountability of the negotiators, and the legality and enforceability of the CBAs’ terms.”

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