Real Property Law Section

  • Real Property Law Section Annual Meeting
    Register Today: Real Property Law Section Annual Meeting: January 29, 2015
  • Businessman and Contractor Hand Shake
    Join the Real Property Law Section to Help Build Your Practice and Enhance Your Career!
  • Upcoming Events
    • Real Property Law Section Annual Meeting 2015: Thursday January 29

      Thursday, January 29, 2015
      Meeting 8:15 a.m. – 12:15 p.m.
      Reception/Luncheon
      Off-site: The 21 Club, 21 West 52nd Street
      12:45 p.m. – 2:15 p.m.

      Under New York’s MCLE rule, this program has been approved for 4.0 credit hours Professional Practice. This program is NOT a transitional program and will not qualify for newly admitted attorneys

      Title Agency Licensing Update; Commercial Leasing Tips; Review of Recent Cases; Protections Under the Building Loan Agreement; Adverse Possession Claims Following the 2008 Statutory Amendments and Current Condo/Coop Concerns.

      Register Online Now!  Or download Annual Meeting Registration Form and return with your payment by faxing to 518.463.5993

      Program Agenda

    • Committee on Condominiums and Cooperatives of the Real Property Law Section Annual Meeting 2015: Thursday, January 29

      Thursday, January 29, 2015
      Meeting 2:30 p.m. – 5:30 p.m.

      Advanced Topics in Condominium and Cooperative Law.

      Full Program Agenda

      Register Online Now!   Or download Annual Meeting Registration Form and return with your payment by faxing to 518.463.5993

    • Committee on Not-For-Profit of the Real Property Law Section Annual Meeting: Friday, January 30, 2015

      Friday, January 30, 2015

      Open MCLE Program 
      9:00 a.m. – 12:00 p.m.

      The Non-Profit Revitalization Act, which took effect on July 1, 2014, is the first major revision to New York’s nonprofit laws in more than 40 years. The Act imposes standards for enhanced governance processes, modernizes communication options for directors and streamlines certain approvals. Not-for-profits may need to amend their governance documents, policies, and procedures—and, in some cases, significantly overhaul their governance structure—to comply with the detailed requirements of the Act. This program will delve into the details of the Act, providing commentary, guidance, updates and complying forms of basic documents.

      Full program agenda and speakers

      Register Online Now!  Or download Annual Meeting Registration Form and return with your payment by faxing to 518.463.5993

    • Deadline Extended! January 12: Application deadline for law student scholarships

      Real Property Law Section Lorraine Power Tharp Scholarship

      Through a gift from the Real Property Law Section, The New York Bar Foundation established the Real Property Law Section Lorraine Power Tharp Scholarship in 2008. The $1,500 scholarship is awarded to a second- or third-year law school student who best exemplifies the core values important to Lorraine: academic excellence, a demonstrated interest in public service, high integrity and, if possible, an interest in real property law.

      The Scholarship was created to honor the memory of Lorraine Power Tharp, who served as President of the NYSBA and Chair of the Real Property Law Section.

      Efforts will be made to honor Lorraine's commitment to gender equity and diversity in the profession. To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the state will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial  need.

      The Real Property Law Section Lorraine Power Tharp Scholarship application form has details on eligibility, requirements and the deadline.

      Past Recipients of the Real Property Law Section Lorraine Power Tharp Scholarship

      2008 – Rufus Williams

      2009 – n/a

      2010 – Christopher R. Copeland

      2011 – Milana Khlebina

      2012 – Alissa Fortuna

      2013 – Leanne Monique Welds


      Real Property Law Section Melvyn Mitzner Scholarship

      Through a gift from the Real Property Law Section and Rosalyn Mitzner, The New York Bar Foundation established the Real Property Law Section Melvyn Mitzner Scholarship in 2013. The $1,500 scholarship is awarded to a full- or part-time student enrolled in a New York State law school. 

      The scholarship was created to honor the memory of Melvyn Mitzner, a legend in the New York real estate legal community. Mitzner is a former chair of the Real Property Law Section, and was an active and valued member of the Section for many years. 

      Efforts will be made to honor Mitzner’s commitment to professional achievement and to diversity in the profession.  To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the State will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial need.

      The Real Property Law Section Melvyn Mitzner Scholarship application form has details on eligibility, requirements and the deadline.

      Past Recipients of the Real Property Law Section Melvyn Mitzner Scholarship

      2013 - Edward Hyde Clarke 

    • July 16-19, 2015 Summer Meeting at Basin Harbor Club & Resort

      Real Property Law Section
      Summer Meeting
      July 16 – 19, 2015
      Basin Harbor Club & Resort on Lake Champlain Vermont

      Come to Vermont next summer with your family to enjoy this beautiful venue located on Lake Champlain and earn some MCLE credit.  This is a family & pet friendly resort.  Check out the save the date flyer to see all the fun things that you can do with your family at this resort.  

      EARLY BIRD REGISTRATION is available along with SPECIAL PRICING for first time RPLS summer attendees and attorneys admitted less than 10 years:  take advantage of the 75% discount for registration fees and hotel accommodations (see details on page 6 of the flyer).  You can make your reservations today by calling 800.622.4000 or 802.475.231.  (Accommodations will be assigned on a first come basis)

      For questions about this event contact Lori Nicoll at lnicoll@nysba.org or 518.487.5563



    • January 30: Joint Program on Gaming Casinos

      NYSBA ANNUAL MEETING

      JOINT OPEN MEETING OF THE REAL PROPERTY LAW SECTION
      MUNICIPAL LAW SECTION AND THE ENVIRONMENTAL LAW SECTION

      Gaming Casinos Coming to Upstate New York!   

      State Senator John Bonacic, Chair of the New York State Senate Committee on Racing Gaming and Wagering to Lead Panel on Legal Challenges For Real Estate, Environmental and Municipal Law Attorneys in Selecting Sites for Gaming Casinos

      Friday, January 30, 2015
      2:15 pm – 4:15 pm

      Gibson Suite, 2nd floor
      New York Hilton Midtown
      1335 Avenue of the Americas 
      (between 53rd and 54th Streets)
      NYC

      Real Property Law Section Chair
      David L. Berkey, Esq.
      Gallet Dreyer & Berkey LLP
      New York

      Environmental Law Section Chair
      Terresa M. Bakner, Esq.
      Whiteman Osterman & Hanna LLP
      Albany 

      Municipal Law Section Chair
      Mark Davies, Esq.
      Tarrytown 

      In 2013, the New York State Legislature, with the approval of the voters, enacted the Upstate New York Gaming Economic Development Act.  Pursuant to the Act, the New York State Gaming Commission created a Gaming Facility Location Board to entertain and evaluate proposals from various entities seeking to establish a limited number of full-fledged gaming casinos in upstate New York.  Article 2 of the Act, entitled “Facility Determination and Licensing” sets forth the comprehensive procedure that applicants had to follow in seeking to obtain a casino gaming license from the New York State Gaming Commission.  This statute, which appears to override local zoning and placed a strong emphasis on compliance with the New York State Environmental Quality Review Act (“SEQRA”) presents challenges and opportunities to real estate, environmental law and municipal law attorneys.  

      On December 17, 2014, the New York State Gaming Facility Location Board recommended the operators of three sites in the Hudson Valley/Catskill, Capital and Southern Tier/Finger Lakes Districts to be given gaming licenses from the New York State Gaming Commission.  The final decision will be made in early 2015 by the Commission itself.

      We are most pleased to have as our keynote speaker New  York State Senator John Bonacic, Esq., Chairman of the New York State Senate Committee on Racing, Gaming and Wagering.  There is no individual in New York State more knowledgeable and more forceful in regard to New York State’s efforts to approve gaming casinos than Senator Bonacic.  

      After Senator Bonisac’s keynote address, a knowledgeable panel of attorneys will outline the application process and the criteria utilized by the Gaming Facility Location Board in recommending appropriate sites for casino developments.  Attorneys who have represented gaming casino applicants will discuss the land use and environmental challenges faced by their clients in navigating the complex site selection process and in fending off local opposition to gaming casinos.  Further, a municipal attorney will discuss the “host benefit” packages which were proffered to Towns and Villages by gaming casino applicants.    

      The three initial sites for gaming casinos recommended by the Gaming Facility Location Board have already engendered either glee or disappointment among the applicants.  This program certainly is a “hot topic” which should be of widespread interest to members of the State Bar Association. 

      Faculty:

      • Keynote Speaker John Bonacic, Esq., Chairman of the New York State Senate Committee on Gaming, Racing and Wagering
      • Virginia C. Robbins, Bond Schoeneck & King, Syracuse, New York
      • Daniel A. Ruzow, Whiteman Osterman Hanna, Albany, New York
      • Joel H. Sachs, Keane & Beane, P.C., White Plains, New York.

      Please note this is a free program that does not offer CLE credit. 

      Preregistration is required; contact Amy Jasiewicz at: ajasiewicz@nysba.org, or (518) 487-5682.

  • Legislation
  • N.Y. Real Property Law Journal


    VIEW THE LATEST N.Y. REAL PROPERTY LAW JOURNAL

    The N.Y. Real Property Law Journal  features substantive articles relating to the practice of real property law on various topics including property transactions, leases, zoning, disclosure, and cooperatives and condominiums. Also included are a regular column entitled, "Bergman on Mortgage Foreclosures" as well as updates on Section news, programs and events. The N.Y. Real Property Law Journal is published by the Real Property Law Section and distributed to Section Members free of charge.
    Read Now>

  • Awards and Scholarships

    Real Property Law Section Awards and Scholarships

    Real Property Law Section Lorraine Power Tharp Scholarship

    Through a gift from the Real Property Law Section, The New York Bar Foundation established the Real Property Law Section Lorraine Power Tharp Scholarship in 2008. The $1,500 scholarship is awarded to a second- or third-year law school student who best exemplifies the core values important to Lorraine: academic excellence, a demonstrated interest in public service, high integrity and, if possible, an interest in real property law.

    The Scholarship was created to honor the memory of Lorraine Power Tharp, who served as President of the NYSBA and Chair of the Real Property Law Section.

    Efforts will be made to honor Lorraine's commitment to gender equity and diversity in the profession. To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the state will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial  need.

    The Real Property Law Section Lorraine Power Tharp Scholarship application form has details on eligibility, requirements and the deadline.

    Past Recipients of the Real Property Law Section Lorraine Power Tharp Scholarship

    2008 – Rufus Williams

    2009 – n/a

    2010 – Christopher R. Copeland

    2011 – Milana Khlebina

    2012 – Alissa Fortuna

    2013 – Leanne Monique Welds


    Real Property Law Section Melvyn Mitzner Scholarship

    Through a gift from the Real Property Law Section and Rosalyn Mitzner, The New York Bar Foundation established the Real Property Law Section Melvyn Mitzner Scholarship in 2013. The $1,500 scholarship is awarded to a full- or part-time student enrolled in a New York State law school. 

    The scholarship was created to honor the memory of Melvyn Mitzner, a legend in the New York real estate legal community. Mitzner is a former chair of the Real Property Law Section, and was an active and valued member of the Section for many years. 

    Efforts will be made to honor Mitzner’s commitment to professional achievement and to diversity in the profession.  To ensure geographic diversity, the Foundation will strive to select students attending New York State law schools in different counties each year, so that over time students from all areas of the State will be able to benefit from the scholarship. A preference will be given to students who demonstrate financial need.

    The Real Property Law Section Melvyn Mitzner Scholarship application form has details on eligibility, requirements and the deadline.

    Past Recipients of the Real Property Law Section Melvyn Mitzner Scholarship

    2013 - Edward Hyde Clarke 


    REAL PROPERTY LAW SECTION PROFESSIONALISM AWARD

    Each year, the Real Property Law Section presents its Professionalism Award during the NYSBA Annual Meeting in January.

    Some of the criteria used to identify a recipient include: 

    * The nominee possesses in her or his practice a continuing civility and appreciation for others.
    * The nominee possess an outstanding level of competence—legal ability—and achievement.
    * The nominee has in her or his practice made a strong contribution to the development of the practice of law, the improvement of the practice of law, particularly in the field of education—with frequent lectures in CLE programs, writings or publications. 
    * The nominee over the years has engaged in mentoring of younger attorneys.
    * The nominee has involved herself or himself in Bar activities, both on the local level and the State level, holding positions as an officer or chairing committees, etc.
    * The nominee has been a voice on legal issues. 
    * The nominee has throughout his or her career maintained the highest ethical standards.

    Please  note: The 2015 Award recipient has been selected, but the Committee is accepting nominations for next year's award.
    There is no nomination form. Please send a letter of recommendation to:

    Peter Coffey, Award Committee Chair
    pcoffey@ecmlaw.com

    Past Recipients of the Real Property Law Section Professionalism Award

    2000 – Eugene Morris

    2001 – James M. Pedowitz

    2003 – Bernard Rifkin

    2004 – John E. Blyth

    2005 – Harold A. Lubell

    2006 – John Hall

    2007 – Prof. Robert Zinman

    2008 – Mel Mitzner

    2009 – Lorraine Power Tharp (posthumus

    2010 -  Bill Colavito

    2011 – Joshua Stein

    2012 – Karl Holtzschue

    2013 – no award presented

    2014 – Michael J. Berey