Tax Incentives & Affordable Housing

Rosenberg & Estis' Tax Incentives & Affordable Housing Department was established under the leadership of member Daniel M. Bernstein. Mr. 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. Mr. Bernstein also has extensive experience helping real estate developers obtain economic incentives for their residential, commercial, or mixed-use projects.

The Tax Incentives & Affordable Housing Department focuses on matters related to property tax exemptions and abatements for residential new construction projects and for commercial new construction and renovation projects. The department's attorneys represent property owners with inclusionary housing applications for both the voluntary and new mandatory inclusionary housing programs. The department also provides due diligence reviews for prospective lenders and purchasers of property, either completed or under construction, that are seeking tax exemptions. The firm advises lenders and buyers on project eligibility.

Rosenberg & Estis attorneys also are among the first in New York to represent clients on construction wage requirements under the new 421-a program. The firm also assists clients on the combination of the benefits from the 421-a program and the inclusionary housing program, enabling developers to secure tax exemptions and additional development rights through the same affordable units, aligning financing with clients' business interests.

Rosenberg & Estis assists developers seeking to work within the senior housing zoning program - the Affordable Independent Residences for Seniors, and the ICAP program, or Industrial & Commercial Abatement Program. The firm also structures condominium declarations that enable properties to maximize tax-related programs, and represents projects with property owners, such as churches and non-profits, that are seeking to partner with a developer to monetize assets.