Is Your Private Property Really Public?

By: Tom Muller | Tara Shabahang

Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these spaces exist in Manhattan alone, encompassing over 80 acres.
With owners retaining ownership and the public gaining use of the space, POPOS seem like a win-win. What remains unclear, though, is how “private” is this private property?

Read the article here



pursuant to New York DR 2-101(f)

© 2023 Manatt, Phelps & Phillips, LLP.

All rights reserved