Real Estate

Not-for-Profits

With our deep roots in New York City dating back to our inception in 1928, Herrick understands the important role not-for-profit institutions play in the City’s economy and daily life. Herrick attorneys have the experience and skill to advise not-for-profits on the range of issues they encounter on a regular basis whether in the areas of not-for-profit law, real estate, tax, trust and estates, employment and government relations. Houses of worship, higher education institutions, charter schools, health care institutions, foundations and public-private entities call on Herrick for guidance through the complex challenges they face.

Herrick’s breadth of real estate, land use and government relations expertise provide the strategic advice many not-for-profit organizations, including many houses of worship, need to address in dealing with the challenges posed by their aging facilities. When an organization determines that redevelopment of its real estate is optimal, Herrick attorneys can guide it through each step of the process, from zoning, to ground leasing, to joint ventures with developers, to financing and incentives to construction. In these transactions, we bring to bear a deep understanding of the needs of all parties and a strong track record of successfully closing deals. Additionally, our Real Estate group, including our Condominium and Cooperative Law practice, regularly advises not-for-profits, including charter schools, on condominium and leasehold condominium structures.

More broadly, we advise our not-for-profit clients on navigating the regularly evolving state and federal regulatory landscape so that they remain in compliance. We advise clients on governance and organizational matters, including conflicts of interest and fiduciary duties. Our Corporate, Tax and Trust and Estate groups are well versed in the specific needs of not-for-profits when it comes to tax guidance and planned giving. Our Employment group assists clients on a range of matters from executive contracts to employment practices.

Real Estate

Our lawyers regularly assist not-for-profit clients with everything from strategic planning to transaction closings. Our goal is to work with the organization to ensure it can further its charitable mission through the maximization of its real estate assets. Whether the matter involves assessing options, redeveloping property, ground leasing, entering into a joint venture, air rights transfers or condominium structuring, we are uniquely positioned to advise organizations on the path forward.

Land Use and Zoning

Our 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. We also regularly represent clients in large-scale development projects that fall under the New York City Uniform Land Use Review Procedure (ULURP).

Government Relations

Our government relations group provides clients with strategic political insight and advocacy. We have attorneys who have previously served in the New York City Department of City Planning, New York City Economic Development Corporation, the Board of Standards and Appeals and the Landmarks Preservation Commission. This significant public-sector experience helps us aid in government interactions and provide political advocacy, assist with obtaining approvals.

Corporate

Our Corporate group assists charitable organizations on matters including formation of not-for-profit entities, advising on organizational and governance issues, counseling board members on conflicts of interest and fiduciary duties and resolving disputes among board members.

Tax

Our tax attorneys advise on the full breadth of tax-related considerations that not-for-profits have, including compliance with federal and state tax laws, obtaining tax-exempt status, endowment formation and management and unrelated business income tax (UBIT) matters.

Trusts and Estates

We counsel our personal planning clients on the most tax effective methods of charitable giving and on various types of charitable gifts as well as on planned giving arrangements. We also advise charitable organizations seeking to promote their causes and meet their charitable goals.

Employment

Employers and executives look to Herrick for everything from risk management and executive compensation to employment litigation, arbitration and mediation. We provide employers of all sizes with valuable insights at every turn, helping navigate day-to-day personnel issues, update employment practices and comply with state and federal law. Companies and executives often turn to us to develop and negotiate executive employment contracts and severance agreements.