Tax Incentives & Affordable Housing

The Tax Incentives & Affordable Housing Department focuses on matters related to property tax exemptions and abatements and zoning incentives and requirements for residential new construction projects and for commercial new construction and renovation projects. The department's attorneys represent property owners in inclusionary housing (IH) 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 property tax exemptions or abatements and/or zoning benefits or requirements from the IH or Food Retail Expansion to Support Health (FRESH) programs.

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 property 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 (AIRS) now known as Privately Financed Affordable Senior Housing (PFASH), and the ICAP program, or Industrial & Commercial Abatement Program. The firm also structures condominium declarations that enable properties to maximize property tax-related programs, and represents projects with property owners, such as religious organizations and non-profits, that are seeking to partner with a developer to monetize assets and also serve their organizational purposes.

Rosenberg & Estis also incorporates cutting edge knowledge of major legal and regulatory changes applicable to NYC properties, including the Housing Stability and Tenant Protection Act of 2019 (HSTPA), the Climate Mobilization Act and various regulations about prevailing wages for building service employees.