Green Real Estate Committee



July 1, 2009


General Mission

The Green Real Estate Committee has been established to educate members of the Real Property Law Section, the New York State Bar Association and the public in general as to the emerging field of Green Real Estate.  There has been a growing recognition in the Real Estate Industry  that  “Green  Construction”  has  a  benefit  not  only  to  the  environment,  but  to  the marketing of property, the prestige of a building to future owners and tenants, resale value and also on reducing operating costs.  Green Construction is being encouraged by federal and state governments by the use of tax credits and local governments are considering ways to encourage or  mandate  “Green  Construction”  for  new  construction  and  refurbishment  or  expansion  of existing buildings.


It is the goal of this Committee to educate its membership as to the definition and types of Green Construction, potential deficiencies in local regulation of Green Construction and related issues.  The Committee also recognizes that with the onset of Green Building legislation, there will undoubtedly be “Green Litigation.”  Such litigation may arise when a contractor has failed to comply with Green construction standards resulting in an owner not being entitled to tax credits or when an architect, mechanical engineer or other design professional has not designed a building to the correct Green standards.  There is also the potential for a prospective tenant or owner who has purchased a home or signed a lease based upon the prospect of residing in a Green Building to sue for failure to deliver a Green Building.

To these ends, the general goals of the Committee are as follows:


1.   To educate  the  Bar  regarding  current  and  prospective developments of interest in the area of Green Real Estate;


2.   To   monitor   and   recommend   changes   in   law   and regulations;


3.   To prepare reports, forms and proposed legislation on areas of interest for presentation to the Committee and the Real Property Law Section generally;


4.   To coordinate with other groups, mostly those comprised of lawyers, for education or towards other common goals;


5.   To  communicate  the  activities  and  view  points  of  the Committee to this Section and the Bar Association and to communicate  the  activities  and  view  points  of  the  Real

Property  Law  Section  and  the  Bar  Association  to  the Members of the Committee;


6.   To provide continuing legal education courses and  credit for Committee members and all interested members of the Bar; and


7.   To educate the public.




All members of the Real Property Law Section are welcome to join the Committee.


Organization and Meetings:


The Committee has two (2) Co-Chairs.


The Committee meets at least twice a year at the time of the Section’s Annual Meeting and its Summer Meeting.  Upon notice from the Co-Chairs, the Committee may meet at other times  as  circumstances  warrant,  either  in  person,  via  telephone  conference  call,  via  video conference call or via webinar.


To the best of its ability, the Committee will take minutes of its meeting, summarizing the  discussions  held,  identification  of  substantive  comments  from  members  and  including documents made available to and discussed by the Committee members at such meeting.


At this time, the Committee has not established subcommittees, but is anticipated that as the  Committee’s  membership  grows,  subcommittees will  be  established  as  necessary.    The Committee notes that presently it identifies the need to establish a subcommittee with respect to (a) LEED Accreditation for professionals, including attorneys; (b) reporting on “Green Real Estate” legislation at the federal, state and local level; and (c) identification of Green Building projects of substantial interest.


It is also the intent of the Committee to review and modify its Mission Statement at the time of each Annual Meeting to ensure that the goals of this Committee and the interest of its memberships are being served.