In this episode of Inside R&E, Brendan J. Derr and Justin S. Weitzman, Members of R&E's Litigation department and Co-Chairs of the firm's Adjacent Property Access & RPAPL § 881 group, join Dave Lorenzo, Founder of Exit Success Lab, for a conversation about construction access agreements and New York’s recently amended RPAPL § 881.

In this insightful conversation, Brendan, Justin and Dave discuss why developers may need access to neighboring properties, the issues that can prolong negotiations, and the circumstances under which a court-ordered license may be necessary. They also examine key changes to RPAPL § 881, including the notice requirement and the potential authorization of permanent encroachments such as tiebacks and underpinning. The conversation covers license fees, compensation, pre-construction surveys, insurance, indemnification and other important protections, offering practical guidance for developers and neighboring property owners navigating the access process.

Brendan is an experienced litigator whose practice includes representing clients in a diverse range of disputes including those relating to real estate, construction, and complex commercial/business matters in both state and federal courts, as well as in arbitration. He routinely drafts and negotiates license agreements for access on behalf of developers and neighboring property owners/tenants, and has successfully litigated numerous RPAPL 881 proceedings. Brendan is known for applying his knowledge and pragmatism to achieve favorable results for his clients.

Justin’s litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. In the real estate litigation context, Justin represents developers, landlords and property owners in matters involving commercial and residential landlord-tenant disputes, guaranty enforcement, Yellowstone injunctions, breach of contract of sale, class action rent overcharge claim, partition, and condominium and co-op disputes. Justin also has significant experience in handling employment-related disputes, such as claims of workplace discrimination and harassment, wrongful termination, wage and hour violations, breach of restrictive covenants, and breach of employment agreements; and complicated tort cases arising from products liability, premises liability, general liability, and construction site defects, to difficult insurance coverage disputes.

For any questions related to this episode, contact Brendan J. Derr at bderr@rosenbergestis.com or (212) 551-1281. Justin S. Weitzman can be reached at jweitzman@rosenbergestis.com or (212) 551-1261.

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In this episode of Inside R&E, Daniel M. Bernstein, Member and Leader of R&E’s Tax Incentives & Affordable Housing Department, and Jamie A. Smarr, President and CEO of the Housing Partnership Development Corporation, join Dave Lorenzo, Founder of Exit Success Lab, for a conversation on how New York can create a more predictable, developer-friendly environment to accelerate housing production.

In this insightful conversation, Daniel, Jamie and Dave discuss the future of housing development in New York City and the obstacles that continue to slow the creation of much-needed housing. They examine how zoning restrictions, approval processes, regulatory requirements, and development costs affect the ability to bring new projects to market, and explore what changes could help encourage investment and increase housing production. The discussion also looks at opportunities for mixed-use development, public-private partnerships, and the creative use of land and other public assets to address the city's housing needs. Drawing on their experience in both the public and private sectors, the speakers share practical perspectives on how New York can foster growth, improve predictability, and create the conditions necessary to support long-term housing development.

Daniel’s practice involves affordable housing and urban development issues in New York, obtaining property tax exemptions and abatements (485-x / ANNY for new development; 467-m / AHCC for commercial conversions; new and old 421-a including requests for extension of 421-a(16) Completion Date, ICAP/ICIP, 420-c, 420-a, J-51, Article XI, etc.), development rights bonuses and incentives / zoning requirements (Voluntary and Mandatory Inclusionary Housing, FRESH program, Zoning for Quality and Affordability) for New York City projects. Bernstein is experienced in the assessment and taxation of real property in New York, as well as acquisition, financing, leasing, Declarations of Condominium, and condominium offering plans. Bernstein also has extensive experience helping real estate developers obtain economic incentives for their residential, commercial, or mixed-use projects. Bernstein also performs diligence on such matters for lenders and purchasers of such NYC properties.

Jamie Smarr is responsible for all of the corporation's day-to-day operations. A resident of Harlem for over 20 years, Mr. Smarr has helped create more than 2,500 units of affordable housing, 3,000 public school seats, and one million square feet of new residential, office and retail space throughout his career. Prior to the Housing Partnership, he led the NHP Foundation's Affiliate Program and Acquisitions Program. He also served as Executive Director of the New York City Educational Construction Fund, and the Director of Tax and Zoning for the New York City Housing Preservation and Development.

For any questions related to this episode, contact Daniel M. Bernstein at dbernstein@rosenbergestis.com or (212) 551-1257. Jamie A. Smarr can be reached at jsmarr@housingpartnership.com.

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In this episode of Inside R&E, William Byers Jr., Member of R&E's Transactions Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a conversation on how landlords, buyers, tenants, and lenders should look past headline rent and understand the lease as a financial system that controls predictability, expense recovery, concessions, cash flow, and financing risk.

During the conversation, Bill and Dave discuss why base rent tells only part of the story and how a commercial lease functions as a financial system that drives cash flow, expense recovery, predictability and financing risk. They examine how concessions, escalations, operating expense pass-throughs, audit rights, base years and triple net structures can affect the true economics of a deal, and conclude with what lenders look for when evaluating lease income and risk.

William Byers Jr. has worked on a myriad of both large and small transactions ranging from sales and purchases of office, apartment and mixed-use buildings to landlord and tenant representation in office, retail, restaurant, garage and ground leases, as well as grantor and grantee representation for complex multi-party easement agreements. In addition to having an MBA, Byers previously worked at a corporate firm, which serves him well in drafting complex corporate documents such as operating, partnership and shareholder agreements, joint venture agreements, stock purchase agreements, and employment agreements for commercial real estate brokers.

For any questions related to this episode, contact William Byers Jr. at wbyers@rosenbergestis.com or (212) 551-8456.

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