Inside R&E

In this episode of Inside R&E, Zachary J. Rothken, Member and Head of the firm’s Administrative Law Department, discusses the critical need for legal regulatory due diligence from the perspective of purchasers, lenders, property owners and management companies. Bridging R&E’s administrative, transactional and litigation expertise, Zachary provides a comprehensive overview of the rent stabilization scheme in New York and examines the challenges following the passage of the Housing Stability and Tenant Protection Act of 2019. This episode provides a high-level framework of the regulatory due diligence process for prospective purchasers and lenders with an analysis of some of the most complex areas of administrative law, including rent stabilization coverage, deregulation, substantial rehabilitation, the interplay of 421-a, 421-g and J-51 tax benefits and compliance with DHCR rules and regulations. 

Zachary’s practice focuses on complex rent regulatory issues concerning rent stabilization and rent control. He represents property owners in administrative proceedings before DHCR and other administrative agencies, including claims alleging rent overcharge, TPU audits, petitions for administrative review and reduction of services. Zachary counsels prospective purchasers, sellers and lenders in performing due diligence on properties subject to rent regulation. His practice also includes representing property owners in a wide variety of litigation matters, including: Article 78 proceedings, Supreme Court actions and landlord-tenant summary proceedings. Zachary is frequently invited to speak on webinars, podcasts and in-person panels addressing rent stabilization and related legislative developments. 

For any questions related to this episode, please contact Zachary J. Rothken at [email protected] or (212) 551-8453.

In this episode of Inside R&E, Member Adam Lindenbaum continues his Happy Buildings segment with Patricia Dunphy, Senior Vice President of Rockrose Development. Revealing the "secret sauce" to success in New York City's real estate world, this podcast introduces listeners to some of the major industry players Adam has met or represented during his nearly 20-year career. Though a native New Yorker, Patricia's real estate career began in San Francisco where she sold homes for almost seven years before ultimately returning to the East Coast. As Senior VP, Patricia Dunphy heads Rockrose Development's commercial acquisitions and leasing for their residential and mixed-use developments in Manhattan, Brooklyn and Long Island City. She is also the Chair of the Long Island City Partnership. Patricia was a selected winner of The Moth Radio Hour in February of 2022 and January of 2023. 

Adam represents real estate firms, developers and tenants in connection with their use, management and operation of commercial real estate. He focuses his practice on handling disputes involving complex landlord-tenant matters, real estate ownership and commercial litigation. Adam also has extensive experience involving residential real estate and landlord-tenant matters including those involving cooperative and condominium boards, rent control, rent stabilization and the loft law.

For any questions related to this episode, contact Adam Lindenbaum at [email protected] or (212) 551-8405.

In this episode of Inside R&E, Matthew E. Eiben, R&E Of Counsel, debuts his Coop-Condo Corner segment with Matthew Mannion, COO & Auctioneer, for an exclusive look at the auctioning process. Together they offer a high-level explanation of the major steps involved in auctioning an apartment, including the legal process (rent demand, notice of termination, summary proceeding and eviction), service of a notice of sale, and the auction itself. 

Matthew Eiben's practice is concentrated in representation of landlords, developers, boards of directors and managers of cooperatives and condominiums, in connection with complex residential and commercial real estate litigation, and construction litigation. He brings a result-oriented approach to litigation by blending aggressive advocacy for his clients with creative and pragmatic litigation strategies.

For any questions related to this episode, contact Matthew at [email protected] or (212) 551-1233. 

In this episode of Inside R&E, Member Adam Lindenbaum debuts his Happy Buildings segment with Brian Milberg, Co-Founder and Senior Partner with Sitex Group. Adam has been a real estate litigator in New York and New Jersey for almost 19 years. His practice has introduced him to clients, colleagues, adversaries and strategic partners across all sectors of real estate and real estate law. This episode reveals some of the key real estate players, charts their individual paths to success in their businesses and unlocks some of the secrets they have uncovered along the way.

Brian Milberg is the co-founder and senior partner of Sitex Group, a leader in the industrial real estate sector. Brian has done billions of real estate deals nationwide during his career, but Sitex’s current focus is the acquisition and development of industrial real estate in New Jersey, New York City and Long Island.

For any questions related to this episode, contact Adam Lindenbaum at [email protected] or (212) 551-8405.

In this episode of Inside R&E, Member Cori A. Rosen discusses housing discrimination as governed by the Fair Housing Act (FHA), the New York State Human Rights Law and the New York City Human Rights Law. While sharing some of the most common discriminatory practices encountered in her practice, Cori offers proactive measures that can be taken by real estate professionals to prevent discriminatory housing practices, and adverse findings in administrative proceedings and litigations.

Cori is the firm’s top resource on all issues related to Federal, State and City Human Rights Laws as they pertain to the real estate industry. For any questions related to this episode, please contact Cori A. Rosen at [email protected] or (212) 551-8401.

In this episode of Inside R&E, Daniel M. Bernstein, Member and Head of Tax Incentives & Affordable Housing, discusses the future of affordable housing in New York City in light of Governor Hochul’s recent budget proposals along with the current issues facing the industry such as the state of incomplete construction projects under the expired 421-a program and the increasing housing shortage.

Daniel recently presented a series of affordable housing webinars addressing the law changes in Gov. Hochul’s budget proposals as well as 421-a topics including affordability, rent stabilization and deregulation. He closely monitors all issues related to affordable housing in New York and frequently issues critical email alerts on these fronts.

If you have any questions related to this episode or would like to receive real estate updates from Daniel, please contact him directly at [email protected] or (212) 551-1257.