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

Originally held on Friday, February 17, 2023 | 9:30 am – 12:30 pm

Program Co-Chair:
Sheila M. Pozon
Kramer Levin Naftalis & Frankel LLP

Program Co-Chair:
Benjamin Stark
Hirschen Singer & Epstein 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 using real life examples, explore title issues unique to zoning lot mergers and the transfer of development rights, and review each form required for zoning lot merger transfers. Other topics to be covered include special zoning districts with incentives for development rights transfers.

    Program Fee:
    $229 Members | $329 Nonmembers

  • Deborah Kerzhner
    Senior Counsel, New York City Law Department

    John Mangin, Esq.
    Assistant Counsel, New York City Department of City Planning

    Michael J. Roberts, Esq.
    Chief Operating Officer & General Counsel

    Leigh Whitman
    Fried, Frank, Harris, Shriver & Jacobson LLP

    Christopher E. Wright, Esq.
    Lasser Law Group

  • 9:30 am – 9:35 am
    Introductory Remarks & Program Overview
    Benjamin Stark

    9:35 am – 10:00 am
    Fundamentals of Zoning Lot Mergers & Development Rights Transfers

    • A discussion of basic concepts & history

    Deborah Kerzhner, Benjamin Stark & Chris Wright

     10:00 am – 10:15 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

    10:15 am – 10:55 am
    Mechanics of a Zoning Lot Merger 

    • How to document a development rights transfer & important due diligence considerations

    Sheila M. Pozon

    10:55 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 – 12:15 pm
    Practice Points Panel (Case Study)
    Leigh Whitman and Sheila M. Pozon

     12:15 pm – 12:30 pm
    Questions & Answers

  • New York: 3.0 Skills
    California: 2.5 General
    New Jersey: 3.4 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