Since March 1, 2002, R.P.L. § 462(1) of the Property Condition Disclosure Act (Article 14) (PCDA)1 has provided that a seller of residential real property shall deliver to the buyer or the buyer’s agent a Property Condition Disclosure Statement (PCDS), making representations by the seller in answer to 48 questions, in a form set forth in … Continued

I. Introduction The New York State Department of Environmental Conservation (DEC) is responsible for regulating and maintaining a list of petroleum bulk storage (PBS) facilities within the state.1 State law requires facility owners to register with DEC and pay a requisite fee every five years or upon transfer of the property, whichever occurs first.2 PBS registration is … Continued

Recent numbers provided to me indicate that membership in the Real Property Law Section has risen to slightly above 3,500. What’s important about that number is that it means our section may continue to have four delegates in the House of Delegates of NYSBA. What’s perhaps more significant, however, is that the increase in our … Continued

Q: What sparked your interest in trusts and estates and real estate work? Please tell us how you entered these practice areas.  I became interested in real estate when I embarked on purchasing my first home in 1997. I was not an attorney at the time. After looking at several homes, my real estate attorney … Continued

This article discusses key considerations for developing Environmental, Social, and Governance (ESG) guidelines as they relate to real estate. Overview ESG is a hot topic these days for many corporate leaders (and their companies’ investors). ESG can be thought of as the conscience or character of a business; it is a framework to evaluate a … Continued

It is said that Athena, the Greek goddess of knowledge and war, sprang from the head of her father Zeus, fully grown, and fully armed. The ancient Greek poet Pindar told that a special axe was crafted to open Zeus’s head to relieve the pressure building there. So it might be said that the Corporate … Continued

Where were you on Friday, September 29, 2023? It’s probably not a question you’ve asked yourself, despite the fact that by some measurements, that was the rainiest date in New York City’s recorded history. The problem that is becoming increasingly apparent to everyone is that these record-breaking “1,000 year rainstorms” (as Governor Hochul recently described … Continued

That a judgment of foreclosure and sale is solidly final1 is one of the few protections left for the foreclosing party as the New York Legislature continues to legislate help to borrowers.2 It must be noted immediately that a defense of standing can resist the finality of the judgment.3 That aside, the general rule remains, as pointedly restated … Continued

Local Law 97: Compliance and Related Legal Issues I. Introduction Local Law 97 (LL97), which requires covered buildings to reduce their carbon emissions 40% by 2030 and 80% by 2050, is changing the landscape of New York City real estate as we know it. With nearly three-quarters of the city’s total carbon emissions produced by buildings, … Continued

My approach to assuming the role of chairperson of the Real Property Law Section has been to imitate, to the extent that I am able, the perspectives and approaches of those who preceded me. My immediate predecessor is Spencer Compton, who rose to the position during the tumultuous period when COVID-19 had begun to dominate … Continued