Herrick lawyers have guided clients through many of New York’s most prominent public-private transactions. If you are partnering or transacting with city or state government, you can rely on our significant depth and time-tested relationships in every area affecting the deal, including real estate, land use and zoning, government relations, environmental law and tax.
Our clients include real estate developers, investors, governmental entities, not-for-profits, lenders and contractors, whom we guide through every phase of the public-private partnership (P3) process. We frequently advise on the structuring, negotiation, financing, construction, leasing and operation of P3 projects, and our lawyers often develop and quarterback requests for proposals (RFPs) involving the New York City Economic Development Corporation (NYCEDC), Empire State Development Corporation, Port Authority of New York and New Jersey, Metropolitan Transportation Authority and other agencies.
In doing so, we provide valuable insight regarding the political and regulatory landscape, gleaned from our significant public sector experience. Our P3 team is led by Patrick O’Sullivan, a former head of real estate transactions for the NYCEDC, who led New York City’s acquisition of Brooklyn Bridge Park and Governors Island from New York State, and subsequently oversaw the negotiations for two prominent Brooklyn Bridge Park development sites. Patrick also directed the city’s negotiations for NYU’s development of the Center for Urban Science & Progress in Downtown Brooklyn, Howard Hughes Corporation’s redevelopment of South Street Seaport’s Pier 17, and the Empire Outlets and New York Wheel developments in Staten Island.
Our real estate lawyers regularly assist public and private sector clients with everything from feasibility analyses to transaction closings. We have tackled some of the most competitive requests for proposals involving redevelopment projects and property acquisitions with city and state agencies, and our expertise in each relevant discipline that touches real estate allows us to handle any issue that arises. Whether it’s debt or equity financing, leasing, condominium structuring, bankruptcy or restructuring issues or litigation, we are in a unique position to advise clients on the path forward.
Land Use and Zoning
Our Land Use and Zoning Group’s capabilities span the entire development process — from zoning changes, special permits, variances and related entitlements to development rights transfers and matters involving historic and landmark preservation issues. Members of our group have previously served in the New York City Department of City Planning, Board of Standards and Appeals, City Council and Landmarks Preservation Commission. This significant public sector experience helps us aid clients in their government interactions, provide political advocacy, assist with obtaining government approvals, and represent clients in large-scale development projects that fall under the New York City Uniform Land Use Review Procedure (ULURP).
Herrick’s Government Relations Group, led by former U.S. Congresswoman and New York City Comptroller Elizabeth Holtzman, provides our clients with strategic political insights and advocacy. Whether you are dealing with complex procurement issues or need advice regarding government action or inaction – we are poised to help and have a long track record of success.
Real estate owners, developers, lenders and other commercial interests rely on our significant experience in environmental counseling, enforcement and litigation. Our work often involves distressed sites with complex issues, such as abandoned or underutilized state and federal Superfund sites. We are known for our ability to efficiently resolve environmental impediments that can stand in the way of completing a transaction. Beyond the legal and regulatory issues, we understand the concerns of all public and private stakeholders at the deal table, and maintain productive relationships with governmental regulators, which help us effectively move deals forward.
Our tax attorneys advise on the full breadth of tax-related considerations, including issues stemming from real property transfer taxes, 1031 exchanges and other tax-deferred disposition strategies. We also provide tax services for real estate joint ventures, real estate funds, project financings, property development and conversion, commercial foreclosures, construction loans and commercial leasing.