Russell, Charles (Chip) W.

Chip focuses his practice on real estate financing, corporate financing, commercial real estate sales and acquisitions, leasing, zoning, land use, municipal law and public authorities law. He represents numerous lenders, developers and corporations in such areas as commercial lending, borrowing, real estate development and leasing.

Representative Matters

Served as counsel to a pharmaceutical company in a $26 million sale and leaseback transaction.
Represented a client in the acquisition of vacant land and the development of a 135,000 square foot industrial agricultural facility. Later, represented the same client in a sale and leaseback transaction involving the same facility. Also assisted the same client with leasing five distribution locations across New York State.
Acted as borrower’s counsel in connection with mortgage loans in excess of $500 million secured by mineral rights.
Represented a Fortune 500 company in connection with its purchase of an approximately 570,000 square foot manufacturing facility in Monroe County.
Served as borrower’s counsel in connection with a $210 million CMBS refinancing of a regional mall.
Represented a retail client in connection with a $20,000,000 construction and project loan for redevelopment of an existing retail mall.
Represented a lender in connection with a $5.85 million leasehold construction loan for the development of a limited service hotel.
Served as New York counsel to a lender in excess of $20 million for development of a mixed use development at a college campus.
Served as local counsel to a Real Estate Investment Trust in giving New York enforceability opinions on loan transactions, some in excess of $200 million.
Assisted large national real estate holding company in the refinancing and sale of a substantial industrial and office park with a purchase price of approximately $55 million.
Represented regional bank in the sale and leaseback of a portfolio of its bank branches.
Represented a local lending institution in the acquisition and development of both fee and leasehold properties for use as branch banking locations.
Acted as lender’s counsel in connection with the financing and refinancing of various aircraft for business purposes, including filings with the FAA and International Registry.
Represented a state agency in the acquisition and condemnation of an entire city block in Western New York consisting of commercial, municipal and residential property.
Served as counsel to numerous landlords and tenants in a variety of lease transactions for office and industrial space.

Professional and Civic

Monroe County Bar Association, member, past chair of the Real Estate Council
New York State Bar Association, member, serves on the Executive Committee of the Real Estate Section, co-chairs the Attorney Opinion Letter Committee
BOMA (Building Owners and Managers Association), member
ICSC (International Council of Shopping Centers), member
NYSCAR (New York State Commercial Association of Realtors), member
Boy Scouts of America Seneca Waterways Council, Board of Directors, previously served as treasurer for three years
Palmer Food Group, member of Board of Directors

Recognition

Best Lawyers, Banking and Finance Law; Land Use and Zoning Law, since 2021
Chambers USA, Band 2, Upstate New York – Real Estate, since 2017
Best Lawyers, Real Estate Law, since 2011
Super Lawyers, Real Estate Law, 2008 – 2012, and 2017 – 2021
Power 20 Real Estate Law, Rochester Business Journal, 2022 and 2023
The Daily Record, selected as an Up and Coming Attorney, 2004

Legal Practices

Leader for:

Commercial Real Estate

Industry Teams

Member of:

Cannabis

Financial Institutions and Capital Markets

Food and Beverage

Real Estate Developers

Sectors

Capital Market Transactions

State University of New York at Buffalo School of Law

1995

State University of New York at Buffalo School of Law

Cert

1995

Syracuse University

1989

cum laude

July 24, 2023

New Executive Order Incentivizes Municipalities to Support Housing Growth

Governor Kathy Hochul signed Executive Order to establish a certification process to rank localities who prioritize housing development

June 22, 2023

“Affordable Housing Rehabilitation Program” Expected to Replace J-51 Property Tax Abatement

New York lawmakers passed the Affordable Housing Rehabilitation Program (the “Program”) to replace the lapsed J-51 tax break.

April 18, 2023

New York Considering Additional Emergency Assistance for Subsidized and Public Housing

New York State Senators are calling to include $389 million in funding for the Emergency Rental Assistance Program (“ERAP”).

March 9, 2023

Federal Reserve Bank of New York Releases Study on Multifamily Affordable Housing Private Investment Vehicles

Federal Reserve Bank of New York analyzed a survey of managers of private investment vehicles in multifamily affordable housing.

January 12, 2023

New York Governor Hochul Announces Aggressive, Statewide New Housing Strategy

New York Governor Kathy Hochul announced an ambitious, strategic plan to address New York’s statewide housing shortage.

June 21, 2022

Expiration of Tax Exemption Creates Uncertainties for Affordable Housing Construction in New York City

The 421-a tax exemption and rent stabilization program, also known as the affordable housing tax break, which affords real estate developers

October 12, 2021

New York State Eviction Moratorium Extended through 1/15/2022

In order to address the August 31, 2021 expiration of various New York State eviction and foreclosure moratoria, and in light of the United

October 10, 2021

Additional Eviction Obstacles For New York Landlords

A federal eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) that was scheduled to expire on July 31, 2021,

July 2, 2021

New York Emergency Rental Assistance Program Provides Relief for Tenants, Landlords

On June 1, 2021, New York State began accepting applications for the Emergency Rental Assistance Program (ERAP), the newest state economic r

May 6, 2021

New York Extends the Moratorium on COVID-related Commercial Residential Evictions and Foreclosure Proceedings Until August 31, 2021

On Tuesday May 4, 2021, Governor Cuomo signed an extension of the “COVID-19 Emergency Protect Our Small Businesses Act of 2021” (collectivel

May 3, 2021

Applications Open for Restaurant Revitalization Fund through Coronavirus Relief Package

U.S. restaurants are among the businesses hardest hit by the pandemic over the past 14 months. According to the National Restaurant Associat

March 11, 2021

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evicti

March 1, 2021

United States District Court Finds CDC Order Exceeds Constitutional Power Granted to Federal Government

In a February 25, 2021 decision, U.S. District Judge J. Campbell Barker found that the nationwide eviction moratorium issued by the Centers

December 29, 2020

New York State Adopts COVID-19 Emergency Eviction and Foreclosure Prevention Act

The New York State Legislature has adopted legislation (S.9114 / A.11181) which extends the moratorium on residential evictions to more than

July 6, 2020

Yet Another Change to COVID-era Residential Eviction Regulations in New York

While attorneys are still learning to navigate the changing landscape of evictions in New York as a result of certain Executive Orders and r

June 26, 2020

Changing Landscape of Evictions in Light of New Administrative Law Order in New York

First the Governor and now the Courts have moved the goal posts with respect to bringing and enforcing eviction actions against delinquent r

April 8, 2020

Temporary Bank Forbearance on Loans Due to COVID-19 Hardships

On March 21, 2020, New York Gov. Andrew Cuomo issued New York Executive Order 202.9, “Continuing Temporary Suspension and Modification of La

March 24, 2020

Executive Order Temporarily Authorizes “Virtual Notarization” in New York State

Governor Andrew Cuomo signed Executive Order 202.7 authorizing “virtual notarization” through April 18, 2020. Subject to the limitation outl

March 23, 2020

Commercial Landlords and Tenants Face Contractual Questions in Wake of COVID-19 Pandemic

The social and economic impacts of COVID-19 have been sudden, pervasive and severe. With executive action by New York State’s Governor forc

September 20, 2019

Disclosures for LLC Entities Now Required for 1-to-4 Family Residential Real Estate Transactions

A limited liability company (“LLC”) involved in either the sale or purchase of a one-to-four family dwelling in New York state must now disc

May 13, 2019

Recent Decision Narrows Commercial Tenants’ Recourse to Yellowstone Injunctions

Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the righ

December 27, 2018

White House Opportunity and Revitalization Council to Facilitate Investment in Opportunity Zones

President Trump has established the White House Opportunity and Revitalization Council (the “Council”) by Executive Order 13853 (“Order”) is

March 30, 2023

Partner Chip Russell Named to Power 20 in Real Estate Law

Partner Charles “Chip” Russell, leader of our Commercial Real Estate Practice Group, has been named to Power 20 List for Real Estate Law.

March 21, 2022

Chip Russell Named Power 20 Real Estate Lawyer

The Western New York Daily Record is recognizing commercial real estate attorneys in the region, including Rochester partner Charles “Chip”

October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,

July 8, 2020

Subleases a Viable Alternative Following COVID

With work-from-home arrangements now squarely in the mainstream due to COVID-19, the market for office space is likely changed forever as co

November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes

August 15, 2018

63 Harris Beach Attorneys Named to Best Lawyers® List

A total of 63 attorneys from Harris Beach PLLC have made the 2019 edition of The Best Lawyers in America, the oldest guide of its kind in th

Harris Beach is a Proud Sponsor of Foodlink Fundraiser Forks and Skis

March 1, 2019

The Forks and Skis event raises money for Foodlink, to end hunger in the community. The event has raised more than $130,000. This event is p

Harris Beach Sponsor of Building Owners & Managers Association (BOMA) with Bob Duffy

November 8, 2018

BOMA Rochester is pleased to announce an interactive presentation with Rochester Chamber President Robert Duffy on the state of Rochester’s

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Charles (Chip) W. Russell

Member

State University of New York at Buffalo School of Law

State University of New York at Buffalo School of Law

Syracuse University

Charles (Chip) W. Russell

■ Areas of Expertise

Industry Teams

Sectors

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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