Committee on Not-for-Profit Entities and Concerns was formed to address the
legal issues faced by not-for-profits in acquiring, operating and disposing of
entities receive special benefits as owners of real property, but are also
subject to greater scrutiny.
Not-for-profits buy, sell, lease and operate property in the same manner
as business entities and the representation of these entities in real estate
matters requires, above all, knowledge of real estate transactions generally.
However, not-for-profit entities operate under special statutory rules with
respect to real estate. The Committee focuses on the intersection of real
property and land use law with the laws governing not-for-profit, tax-exempt
entities, including charities, social service organizations, associations,
religious corporations, cultural institutions and other not-for-profits. Some
examples of the issues the Committee addresses are transfers and financing of
real property by not-for-profits, the availability of real property tax
exemptions and other public support for the real estate and capital needs of
not-for-profit entities, siting and alteration of nonprofit facilities,
regulation and enforcement by the State Attorney General, and not-for-profit
governance and decision making related to the above.
Committee meets three times a year, in January, April and October, offering CLE
programs (for credit) and the opportunity for discussion with professionals
practicing in this arena. The January meeting is typically a 3-hour CLE program
offered as part of NYSBA’s Annual Meeting. This program is available to all
attorneys. The April and October meetings are shorter business meetings at
which free CLE programs are sometimes offered. These meetings are open to
Committee members only. The Committee also has published articles in the NY
Real Property Law Journal, including an “Outline of Real Estate Issues
Affecting New York Not-for-Profit Entities,” which was created and is
periodically updated by the Committee.
The Committee is actively looking for additional topics and special
project ideas from members.
Committee is for real estate attorneys representing not-for-profit entities; whether
as in-house counsel, outside counsel representing only one or two
not-for-profits, outside counsel primarily representing not-for-profits, a
public sector attorney with oversight of not-for-profit entities and/or their
real estate matters, or an attorney who simply wants to learn about real estate
Committee membership is open to members of the Real Property Law Section.