The Do’s & Don’ts of Zoning Lot Mergers & Development Rights Transfers in New York City

Tuesday, January 23, 2024 | 9:30 am –12:30 pm)

Format: Webinar

Register for the Live Webinar

Program Co-Chair: Program Co-Chair:

Sheila M. Pozon
Kramer Levin Naftalis & Frankel LLP 
Leigh Whitman
Fried, Frank, Harris, Shriver & Jacobson LLP
  • Receive an overview of current New York City law governing zoning lot mergers and the transfer of unused development rights, known as “air rights,” between contiguous and non-contiguous lots, as well as the mechanics and practical considerations involved in such matters. Speakers will review relevant provisions of the NYC Zoning Resolution, explain core concepts and explore title issues unique to zoning lot mergers and the transfer of development rights, and review each form required for zoning lot merger transfers. The program will include a case study highlighting many of the common issues, and some rarer ones as well, that come up during development rights transfers.  Other topics to be covered include special zoning districts with incentives for development rights transfers.

    Program Fee:
    $399 for Members | $499 for Nonmembers
    In House Counsel: $299 Member | $399 Nonmember
    Small Law Firm: $249 Member
  • Deborah Kerzhner
    Senior Land Use CounselNew York City CouncilJohn Mangin
    Assistant Counsel
    New York City Department of City Planning

    Michael J. Roberts
    Chief Operating Officer & General Counsel
    Royal Abstract

  • 9:30 am – 9:35 am
    Introductory Remarks & Program Overview
    Sheila M. Pozon

    9:35 am – 9:55 am
    Fundamentals of Zoning Lot Mergers & Development Rights Transfers
    · An overview of basic zoning fundamentals
    Deborah Kerzhner & Leigh Whitman

    9:55 am – 10:10 am
    Title Issues: Development Rights Transfer versus Typical Dirt Conveyance
    · A discussion regarding title underwriting and other unique issues arising in development rights transfers
    Michael J. Roberts

    10:10 am – 10:50 am
    Mechanics of a Zoning Lot Merger
    · How to document a development rights transfer & important due diligence considerations
    Sheila M. Pozon

    10:50 am – 11:05 am
    Break

    11:05 am – 11:35 am
    “TDR” Programs: Development Rights Transfers Between Non- Contiguous Parcels
    John Mangin

    11:35 am – 12:20 pm
    Practice Points Panel (Case Study)
    Deborah Kerzhner, Sheila M. Pozon, & Leigh Whitman

    12:20 pm – 12:30 pm
    Questions & Answers

  • New York:  3.0 Skills
    New Jersey: 3.3 General
    California: 3.0 General
    Pennsylvania: 2.5 General

  • Sponsoring Association Committee:
    Land Use Planning & Zoning, Kurt M. Steinhouse, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org

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