Daniel M. Bernstein

Member | Administrative Law

733 Third Avenue
New York, New York 10017

New York
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court

Represented multiple NYC developers in closing Mandatory Inclusionary Housing Restrictive Declarations (with 421-a property exemptions) to build major residential projects in re-zoned areas.
Represented not-for-profit owners in obtaining and maintaining eligibility for 420-a property tax exemptions.
Formed fee and leasehold condominiums for developers of NYC properties, to allow their properties to optimize eligibility for property tax incentives (421-a, 420-c, Art. XI, ICAP, 420-a, etc.) and to align with business / financing goals.
Amended Regulatory Agreements for affordable rent stabilized NYC properties allowing them to utilize Private Housing Finance Law (PHFL) Section 610 to collect rent subsidies in excess of Legal Rents.
Represented developers including FRESH zoning benefits in their mixed-income predominantly residential projects, qualifying for Affordable New York Housing Program Benefits aka 421-a property tax benefits and creating a condominium structure to align property tax incentive and business / ownership / leasing objectives.
Represented developer making units affordable under both the 421-a program and Privately Financed Affordable Senior Housing to achieve both property tax and zoning benefits as well as deeper affordability of certain units.
Diligenced countless Regulatory Agreements and Property Tax Incentive programs for potential lenders and purchasers.
Represented purchasers of residential development rights generated via the Inclusionary Housing program.
Represented early adopters of the new “Affordable New York Housing Program” who switched to this program from the old 421-a tax exemption program.
Prepared and filed applications for development rights under the NYC Inclusionary Housing Program, including for projects qualifying for tax exemption under both the Affordable New York Housing Program and the “old” 421-a program.
Represented NY Affordable Housing developer in connection with 420-c property tax exemption program for project receiving low income housing tax credits.
Represented national residential developer on New York City residential and mixed-use rental projects in connection with applications for 421-a property tax exemptions, analyses of maximum allowable rents under the 421-a tax exemption program, and preparation of 421-a lease riders for market-rate and affordable units.
Represented national residential developer on New York City residential condominium and cooperative projects through property tax exemption and condominium offering plan work. This involved guiding the client through the 421-a property tax exemption program and including for sale affordable units in mixed-income projects.
Represented New York developer on several of their mixed-income mixed-use projects, which included market-rate residential condominium units and rentals, affordable rental units, and retail/commercial space consisting of hundreds of residential units. This involved managing property tax exemption and abatement applications (421-a property tax exemption, 420-c property tax exemption, and ICAP property tax abatement), refining Declaration of Condominium to maximize property tax exemption and abatement programs, coordinating with Offering Plan counsel, and more.
Represented New York developer of new-construction hotel and medical office property in connection with ICAP property tax abatement program and projection of property taxes with and without ICAP benefits.
Represented developer of new-construction retail property in connection with ICAP property tax abatement program and coordination with leasing counsel regarding tax escalation clauses for tenants.
Represented New York developer of existing hotel property in connection with ICAP property tax abatement program and projection of property taxes with and without ICAP benefits.
Represented purchaser of existing residential property and conducted due diligence regarding 421-a property tax exemption benefits and the potential value of the property tax benefits at issue.
Represented seller of hotel property with pending application for ICAP property tax abatement benefits. Coordinated with seller’s transactional counsel and with purchaser’s transactional counsel.
Represented developer of new-construction commercial property in request to have the New York City Department of Finance remove building assessed value under Administrative Code provisions.
Projected assessed value and net operating income of major residential projects with and without various property tax exemption (421-a) and abatement (ICAP) programs. Assisted developers in making determination whether to make residential units affordable under the 421-a program.

In-person CLE: “Current Issues in Affordable Housing in New York City,” Organizer, NYC Bar Association, May 2025
R&E Webinar: “J-51 Reform Program: April 30 Filing Deadline,” Co-Presented with R&E Member Benjamin M. Williams, March 2025
R&E Webinar: “Midtown South Mixed-Use Plan (MSMX),” Co-Presented with R&E NYC Development Group Member Adam R. Sanders and Counsel David J. Rosenberg, March 2025
R&E Webinar and In-person CLE: “NYC Property Tax Incentive and Regulatory Due Diligence 101: Important Updates for NYC Purchasers and Lenders,” December 2024
In-person CLE: “Introduction to NYC Property Tax Incentives for Affordable Housing”, Program Instructor, NYC Bar Association, November 2024
In-person CLE: “2024 Update: NYC Affordable Housing Property Tax Incentives”, Co-Presenter, Rosenberg & Estis, October 2024
“Investment Outlook: Strategies To Offset Smaller Margins On Affordable Housing,” Moderator, Bisnow, August 2024
R&E Webinar: “Meet the new New York Development Incentives: 421-a, 485-x and 467-m,” May 2024
In-Person CLE: “Current Issues in Affordable Housing in NYC: The Migrant Surge”, Organizer, NYC Bar Association, May 2024
R&E Webinar: “NYS PHFL Create Affordable Housing Opportunities,” December 2023
“Investment Outlook: Strategies To Offset Smaller Margins On Affordable Housing,” Moderator, Bisnow, August 2023
Inside R&E Podcast: “The Empire State Development Gowanus Program - Gov. Hochul’s Plan to Replace 421-a(16) for Residential Gowanus,” Speaker, July 2023
In-Person CLE: “Current Issues in Affordable Housing in NYC,” Organizer, NYC Bar Association, May 2023
R&E 421-a Webinar: “Affordability, Rent Stabilization, Deregulation and Recent Litigations,” March 2023
R&E Webinar: “Housing New York – Law Changes In Gov. Hochul’s Budget Proposals,” March 2023
R&E Webinar: “421-a Buildings: Wage Issues,” December 2022
“Affordable Housing Pipeline,” Bisnow’s Affordable Housing Summit, August 2022
“Affordable Housing Pipeline,” Moderator, Bisnow’s Affordable Housing Summit, August 2020
“NYC Residential Developer & Operator Lunch-and-Learn,” Speaker, March 2020
“Housing Stability and Tenant Protection Act of 2019 (‘HSTPA’) - What Owners and Tenants (And Their Counsel) Need to Know,” Speaker, October 2019
“Affordable Financing and Regulation Strategy,” NYC Affordable Housing Summit, Moderator, August 2019
CLE: “Current Issues in Affordable Housing in New York City,” Speaker, May 2019
“New Housing Tax Incentives,” Speaker, NYC Bar Association, 2017
“In the Zone: Updates on Mandatory Inclusionary Housing in NYC,” Speaker, Venable LLP, 2016
“Development in The Wake of 421-a,” Speaker, NYC Bar Association, 2016

Due Diligence in connection with Multifamily Purchases, Sales and Financing: Rent Regulation and Affordability Analysis and Risk Assessments
Filings and Analysis of Property Tax and Financial Incentive Programs (467-m/AHCC for commercial converstions, 485-x/ANNY for new developments, 421-a, ICAP/ICIP, 420-c, J-51, 420-a, PHFL Art. XI, IDA, PILOT, FRESH)
Rent Stabilization Issues: Coverage, Rent Overcharge, Substantial Rehabilitation and Regulatory Compliance
Affordable Housing Financing and Compliance
Wage Compliance Obligations under 421-a Tax Exemption and other Programs
Article 78 Proceedings and Appeals Challenging Agency Orders
Zoning Resolution Regulatory Agreements (Voluntary & Mandatory Inclusionary Housing, Senior Housing, FRESH)
Regulatory Agreements Generally, including Financing and Tax Benefits
No Action Condominium Formation and Filings, including as needed to Qualify Units for Property Tax Incentives
Certificates of No Harassment