We assist our construction lending clients in their arrangements with the New York State Housing Trust Fund Corporation, the New York State Housing Finance Agency, the State of New York Mortgage Agency, and the New York City Department of Housing and Preservation and Development, among other financing agencies and housing authorities across the state of New York. In addition, we assist our lending clients with permanent take-out financing and insurance, and the conversion of construction loans to permanent financing. Our experience with our lending clients covers traditional construction loans, bond purchases, letter of credit issuances or a combination of the foregoing.

From the borrower/developer side, financing an affordable housing deal can be a complex process. Whether it is exploring and assessing the breadth of credit financing options, identifying and securing tax-exempt bond financing, creating and executing a real estate syndication, securing and structuring a joint venture agreement, or proposing and entering into a payments in lieu of property taxes (“PILOT”) agreement, Harris Beach attorneys possess deep experience helping developers finance their ventures.

Leveraging public incentives helps make affordable housing affordable for developers. Local, state, and federal government agencies also offer a number of incentives to assist with affordable housing development, including property tax exemptions, land grants, tax abatements, brownfield cleanup, permit fees, water and sewer fees and an expedited permit and entitlement process.

Harris Beach attorneys have extensive experience with the Low-Income Housing Tax Credit (LIHTC), as well as New Markets Tax Credit (NMTC) transactions including community development entities, Brownfield Tax Credits, Historic Preservation Tax Credits and various other tax credit programs.

Whether you’re revitalizing an affordable housing venture or launching a new one, Harris Beach will leverage its relationships, knowledge and experience with public organizations at the federal, state and local level to help guide your project through various applications and approval processes necessary for site plan and subdivision approvals and obtaining sales tax and/or property tax exemptions and PILOT agreements.

Harris Beach has a results-oriented approach with private developers, municipalities and public organizations based on our long experience, understanding of community dynamics and our work securing local, state and federal permit approvals. We help clients navigate the complex regulatory landscape to successfully complete their projects, including appearing before local legislative, zoning and planning boards, and assisting with permitting processes. We even have a specialized team to help with public communication focused on highlighting the community benefits of the project.

We work collaboratively with our clients and their engineers, architects, contractors and other real-estate professionals on overall project development to help keep projects moving, on schedule and on budget. Our integrated, end-to-end representation offers effective solutions in all areas of land use and zoning, including acquisition, design, regulatory compliance, approvals, construction and litigation.

Prepare to deal with an alphabet soup of regulatory agencies. Harris Beach attorneys have experience dealing with:

• U.S. Department of Housing and Urban Development (HUD)
• New York Department of Homes and Community Renewal (HCR)
• New York State Environmental Quality Review Act (SEQRA)
• National Environmental Policy Act
• New York City Environmental Quality Review Act
• New York City Uniform Land Use Review Procedures
• New York State Department of Environmental Conservation (DEC)
• New York State Office of Parks Recreation and Historic Preservation (OPRHP)
• New York State Department of Transportation (DOT)
• United States Environmental Protection Agency (EPA)
• United States Army Corps of Engineers

Harris Beach will leverage its relationships and knowledge to stay on top of regulatory guidance and provide counsel on each step needed to ensure your project’s success.

From brownfields to green buildings, Harris Beach attorneys advise and guide clients through sustainable projects that incorporate renewable energy. Our attorneys counsel on environmental impact review processes and regulations relating to environmental concerns.

Harris Beach takes a comprehensive, strategic and uniquely tailored approach to brownfield site acquisition, remediation and redevelopment. Whether the issues involve soil concerns, groundwater concerns, asbestos and PFAS, reporting obligations, site access, the balancing and allocating of remedial costs and potential liabilities, financing, public infrastructure needs, or marketing an economic or community development opportunity, we take pride in our ability to find proven brownfield site solutions for our private and public sector clients.

We blend the New York State Brownfield Cleanup Program (BCP), the Environmental Restoration Program site access component, the Brownfield Opportunity Areas (BOA) planning process and, often, municipal site acquisition and real property disposition strategies, with public finance incentive opportunities to help private parties and municipalities maximize redevelopment opportunities.

In today’s world, renewable energy is an important component of any development project. New York Department of Homes and Community Renewal (HCR) increasingly assesses projects for sustainability and with renewable energy as criteria for approval. By incorporating green initiatives, developers not only introduce energy efficiencies, but also can improve cash flow.

Once again, a multitude of federal and state programs with tax credits and grants exist. Harris Beach’s affordable housing and energy teams – including a LEED AP in building design and construction and an attorney with extensive experience in property-related issues in the emerging renewable energy sector in New York – understands “green” requirements, including LEED®, the green building acts, and other green building standards. We help you answer the call for renewable energy to be incorporated into new and existing developments. Whether dealing with HCR, submetering or New York City Law 97, we help with compliance that reduces your carbon footprint.

Our full-service team stands ready to meet your needs, legal and beyond. We have significant transactional, litigation, regulatory, public policy and development experience to help you navigate the complex affordable housing landscape.