Due Diligence in the Purchase of Rent Regulated Apartment Buildings

Originally held on Tuesday, October 22, 2019 | 6:00 p.m. – 9:00 p.m.

Program Chair:
Richard T. Walsh
Horing Welikson Rosen & Digrugilliers P.C.

  • The program will provide best practices on how an attorney representing a client purchasing apartment buildings/mixed use buildings should perform due diligence where there are rent regulated tenants. Instructions will be provided on which agencies to contact, which records the seller should be required to provide, and what to look for during the review process (HCR records, DOB records, leases and renewal leases, tenant files, etc.).

    OnDemand: $69 for Members | $169 for Nonmembers
    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges, or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Randi Beth Gilbert
    Horing Welikson Rosen & Digrugilliers P. C.

    Peter A. Schwartz
    Graubard Miller

  • 6:00 p.m. – 6:05 p.m. Opening Remarks, Introductions & Program Overview

    Richard T. Walsh

    6:05 p.m. – 6:55 p.m. Rent Stabilized & Rent Controlled Properties-Reviewing DHCR Records:

    • What to Ask For/What to Look For
    • Effect of the Housing Stability and Tenant Protection Act of 2019 on Due –Diligence
    • Case Status Report By Building
    • Apartment Registrations
    • Building Registrations and Rent Roll
    • MCI Orders
    • Rent Reduction Orders
    • MBR/MCR Orders
    • “Deregulated” Apartments

    Randi Beth Gilbert

    6:55 p.m. – 7:40 p.m. Reviewing Leases/Tenant Files:

    • What to Ask for/What to Look For Initial leases (DHCR riders);
    • Renewal leases (timely tender, return, and countersignatures of renewal leases);
    • Comparison of leases to DHCR records;
    • Proof of rent increases, including back up for any claimed Individual Apartment Improvements;
    • Tenant correspondence/complaint records/repairs
      HPD Online

    Peter A. Schwartz

    7:40 p.m. – 7:45 p.m. Break
    7:45 p.m. – 8:00 p.m. Tax Abatements or Benefits

    • J-51
    • 421-a
    • LIHTC
    • Regulatory Agreements

    Peter A. Schwartz

    8:00 p.m. – 8:50 p.m. HUD Regulated Properties

    • FHA Mortgages
    • Project Based Section 8

    Richard T. Walsh

    8:50 p.m. – 9:00 p.m. Question & Answer Session

    Panel

  • CLE Credit
    New York:
    3.0 Skills
    New Jersey:
    3.2 General
    California:
    2.5 General
    Pennsylvania:
    2.5 General

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • Sponsoring Association Committees:
    Cooperative & Condominium Law, Margery N. Weinstein, Chair
    Housing Court, Sara Wagner , Chair
    Housing & Urban Development, Daniel M. Bernstein, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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