Shaping the NYC Skyline

Seiden & Schein, P.C.
Shaping the NYC Skyline

In Shaping the NYC Skyline, hosts David Shamshovich and Brenda Slochowsky, attorneys at Seiden & Schein, a boutique New York real estate law firm, explore the complex and unpredictable world of real estate development in NYC, through stories, anecdotes and insights from experienced real estate professionals, developers, architects and attorneys who discuss the state of the New York real estate market, NY real property trends, the NY politics surrounding real estate in New York and the forever evolving issues that are at the heart of Shaping the New York City Skyline.

  1. DEC 15 · BONUS

    City of Yes: Mastering UAP & MIH to Boost Your Next Project

    About the Hosts David Shamshovich, Brenda Slochowsky, and Camila Almeida are seasoned real estate attorneys at Seiden & Schein, P.C., specializing in New York City’s affordable housing programs, including Inclusionary and Mandatory Inclusionary Housing, from initial applications and approvals to final project completion. They also handle HPD initiatives and real estate transactions like buy-sell agreements, loans, and joint ventures. As the team behind the Shaping the NYC Skyline podcast, launched in April 2023, they manage everything from guest booking and hosting to editing and promotion. City of Yes for Housing Opportunity This episode explores the City of Yes for Housing Opportunity zoning amendment (adopted Dec. 5, 2024), introducing the Universal Affordability Preference (UAP) program, replacing Voluntary Inclusionary Housing (VIH), and updates to Mandatory Inclusionary Housing (MIH). These changes aim to simplify processes, broaden eligibility, and promote affordable housing development in New York City. Key Takeaways 1. UAP Replaces and Expands VIH:  The UAP program replaces the now-defunct VIH framework, broadening eligibility and geographic scope. It introduces affordability requirements across a range of Area Median Income (AMI) levels, ensuring that the program accommodates the city’s diverse population. 2. UAP Offsite Option Area:  Under the UAP framework, affordable housing units can be located offsite (including via transfer of Inclusionary Air Rights generated under VIH), provided that the subject UAP development is located in a UAP Offsite Option Area (i.e., former Inclusionary Housing Designated Areas or R10 (or R10 equivalent) zoning districted). 3. Integration with Tax Incentives:  UAP is designed to work with existing tax exemption programs, such as 485-x and 467-m. The additional floor area provided under UAP can be utilized to for the affordable tax exemption units. 4. Streamlined Procedures:  UAP and MIH include streamlined and more flexible application and completion protocols, resulting in faster project approvals, earlier occupancy, and quicker cash flow. 5. Vesting Under VIH:  Projects seeking to vest under VIH must meet specific criteria, including filing an affordable housing application with the NYC Department of Buildings (DOB) by the adoption date, securing DOB approval within one year, and entering into a regulatory agreement with HPD within two years. 6. Enhanced Oversight by HPD:  HPD now wields greater discretion to approve or disapprove building configurations that may segregate affordable units or stigmatize residents. Additionally, HPD can mandate rental affordable housing over homeownership where it deems necessary. Conclusion The City of Yes initiative, featuring the new UAP and updated MIH programs, represents a major step toward citywide affordable housing. It promotes economic diversity, improves feasibility with increased FAR allowances, and streamlines approvals. Developers must adapt to these changes and upcoming HPD guidelines to maximize opportunities. For those navigating these shifts, the professionals at Seiden & Schein, P.C.—David, Brenda, and Camila—offer expert guidance from project concept to completion. Tune in to this episode for timely insights into the policies and regulations that are Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://www.seidenschein.com/podcast/ LinkedIn - https://www.linkedin.com/company/shaping-the-nyc-skyline/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Info Email - info@seidenschein.com Phone – (212) 935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, New York 10022

    37 min
  2. DEC 5

    Passive House, Active Impact: Redefining Sustainable Building with Deborah Moelis of Handel Architects

    Buckle up, Skyliners, for an illuminating episode with Deborah Moelis, AIA, a Principal and founding member of Handel Architects, whose pioneering work is pushing the boundaries of sustainable design in urban environments. Deborah's journey takes us into the intricate world of Passive House design, a standard that dramatically reduces energy consumption by creating airtight, thermally efficient structures. She shares her experience managing Cornell Tech’s residential tower—once the world's largest building constructed to Passive House standards—where she led a team that set new benchmarks for energy efficiency and sustainability. Deborah’s current project, Sendero Verde, is equally groundbreaking, poised to be the largest fully affordable Passive House in the world upon completion. In our conversation, she delves into the critical components of Passive House, emphasizing the importance of creating airtight facades and incorporating mechanical systems that ensure continuous ventilation while maintaining energy efficiency. We also explore Deborah’s thoughts on the evolving construction industry, particularly regarding modular construction, thermal breaks, and energy recovery systems. She discusses how effective design can mitigate common issues such as heat loss and pest intrusion, significantly enhancing the quality of life for residents. Throughout our discussion, Deborah passionately advocates for the integration of sustainable practices in architecture, underscoring the importance of meeting building codes and embracing new technologies. As cities face the challenges of climate change, her insights highlight the vital role that innovative design plays in shaping not just individual buildings but also the broader landscape of affordable housing and urban living. Join us for this in-depth exploration of how Deborah Moelis and her team are truly Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://www.seidenschein.com/podcast/ LinkedIn - https://www.linkedin.com/company/shaping-the-nyc-skyline/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Info Email - info@seidenschein.com Phone -  212-935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    46 min
  3. NOV 21

    Turning Challenges into Opportunities with James Nelson of Avison Young

    Get ready, Skyliners!  This week, we’re thrilled to bring you an episode spotlighting James Nelson, Principal and Head of Tri-State Investment Sales at Avison Young, WSJ bestselling author of The Insider’s Edge to Real Estate Investing, and host of a podcast by the same name. With over 25 years of experience and more than $5 billion in real estate transactions, James is an unparalleled source of expertise. From his early days as an English major at Colgate to becoming one of New York City’s most respected investment brokers, James shares his remarkable and hard-earned lessons, offering actionable and valuable insights for listeners. Inside the Episode James takes us behind the scenes of his innovative approach to real estate brokerage, detailing how his shift from a territorial system to specialization by asset class has transformed his team’s success. From multifamily and office properties to retail and development assets, James’s focused expertise delivers results across New York City’s ever-evolving real estate landscape. Key Highlights The State of NYC Real EstateExplore James’s expert take on current market trends, including: Challenges and opportunities in the multifamily market post-2019 rent reforms.The resurgence of retail.The potential of office-to-residential conversions to address NYC’s housing crisis. The Art of Deal-Making Learn James’s practical strategies for successful transactions, including:  The critical importance of reputation and transparency.How being upfront about challenges can lead to stronger outcomes.Creative ways to uncover hidden value in properties, through zoning insights and key relationships. Lessons for Aspiring Investors: James shares must-know advice for beginners, such as: Partnering with experienced professionals.Accurately assessing risks.Building the right team for long-term success.Why You Should ListenWhether you’re an aspiring investor, a seasoned professional, or simply curious about the world of real estate, this episode is packed with actionable takeaways. James’s inspiring career journey and deep industry knowledge provide a masterclass in transforming challenges into opportunities and gaining that insider’s edge in Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://www.seidenschein.com/podcast/  LinkedIn - https://www.linkedin.com/company/shaping-the-nyc-skyline/ Instagram - @shapingthenycskyline YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Phone -  212-935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    38 min
  4. NOV 7

    Title Forensics with Zoy Balaskas of Commonwealth Title Insurance Company

    Buckle up, Skyliners, for a fascinating deep dive into the world of title insurance with Zoy Balaskas, Senior Vice President and Chief Underwriting Counsel at Commonwealth Land Title Insurance Company’s New York National Commercial Services. With over 20 years of experience, Zoy takes us through her process of “title forensics”—a meticulous, investigative approach to uncovering and resolving the hidden complexities that go beyond basic title clearance. Zoy unpacks her methods for tackling intricate title issues, from untangling overlapping property boundaries to clearing old, unpaid mortgages and navigating tricky easements. Each problem demands a custom solution, blending legal expertise with an almost instinctual ability to detect red flags. In one standout story, Zoy describes how her title investigation led her to land records dating back to the 1800s. She even ventured into the “dungeon” archives of the New York Public Library to uncover historical maps—essential clues to solving the title puzzle. Reflecting on industry evolution, Zoy explains how New York’s traditional, in-person closings have shifted to remote escrow processes, accelerated by the COVID-19 pandemic. She shares how her team creatively adapted to pandemic challenges, from closed clerk’s offices to delayed records, ensuring that deals stayed on track. Technology, she notes, has reshaped the industry, introducing both efficiencies and new pressures for faster decision-making. Zoy also brings us up to speed on recent changes to the Title Insurance Rate Service Association (TIRSA) Rate Manual, which now offers New York buyers and lenders a broader array of endorsements, aligning the state more closely with national standards. And she unpacks the vital distinction between omitting exceptions from a policy and obtaining affirmative insurance, explaining how transparency and disclosure in title policies are essential for long-term marketability.  Methodical yet adaptive, Zoy tackles each transaction as a unique case, understanding that every property has its own history, quirks, and risks. This episode spotlights the essential, often behind-the-scenes work of title insurance professionals like Zoy, whose expertise plays a critical role in Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://seidenschein.com/ LinkedIn - https://www.linkedin.com/company/seiden-&-schein-p-c-/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) Facebook - https://www.facebook.com/SeidenSchein YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Info Email - info@seidenschein.com Phone -  212-935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com You can Reach our Guest by email: zoy.balaskas@cltic.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    36 min
  5. OCT 24

    When Common Sense Isn’t Common: Urban Planning and Housing Policy with Basha Gerhards of REBNY

    In this episode, we are thrilled to feature Basha Gerhards, Senior Vice President of Planning at the Real Estate Board of New York (REBNY). With her deep expertise and unique perspective, Basha sheds light on the intricate and ever-evolving landscape of real estate development in New York City. Drawing on her rich background in urban planning, land use, and zoning, she has successfully bridged the gap between government policy and community-driven urban initiatives. In this insightful conversation, Basha takes us through her career journey, which began with a Master’s in Urban Planning from Columbia University and led to impactful roles, including as Senior Land Use Advisor to former Manhattan Borough President Gale Brewer and Planner at the NYC Department of City Planning. Now at REBNY, Basha continues to be a driving force behind key initiatives shaping New York City's future—particularly in the areas of housing affordability, sustainable development, and land use policy. Her passion for community engagement is unmistakable, as she highlights the essential role of listening to communities and championing thoughtful, equitable solutions. From leading pivotal policy changes to tackling the complex challenges of housing production and office-to-residential conversions, Basha’s work is instrumental in creating a more resilient and inclusive NYC. Basha’s journey is not only informative but also deeply inspiring. She shares how her love for art, history, and design has fueled her dedication to improving the city she calls home. Her path reflects a profound commitment to making New York a more equitable place for all, and her insights into today’s challenges and opportunities in urban planning are truly invaluable. Join us as we explore Basha Gerhards' remarkable career, her hands-on experience in urban planning and development, and the groundbreaking policy solutions she is championing all in service of Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://seidenschein.com/ LinkedIn - https://www.linkedin.com/company/seiden-&-schein-p-c-/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) Facebook - https://www.facebook.com/SeidenSchein YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Info Email - info@seidenschein.com Phone -  212-935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    1h 4m
  6. OCT 10 · BONUS

    485-x and 467-m Proposed Rules: What Developers Need to Know with Jason Hershkowitz of Seiden & Schein

    In this bonus episode of Shaping the NYC Skyline, we’re once again joined by Jason Hershkowitz, Partner at Seiden & Schein, P.C., to analyze the newly proposed rules from the Department of Housing Preservation and Development (HPD) for the 485-x and 467-m tax exemption programs.  Jason walks us through the key differences between the proposed rules and those under the now-expired 421-a tax exemption program. With these rules still in the public comment phase, Jason emphasizes the importance of developers taking an active role in shaping the final rules before the November deadline. Key takeaways: New Filing Requirements: A significant shift under 485-x is the requirement for developers to file an applicant registration within six months of commencing construction, notifying HPD of their intent to apply for the exemption. Additionally, 25% of the application fee is now due when submitting the workbook, a departure from 421-a’s post-construction fee schedule​.MWBE Requirements: The 485-x program introduces a 25% Minority and Women-Owned Business Enterprise (MWBE) spending threshold for project design and construction contracts. While this provides a clear compliance path, questions remain for developers who do not meet the threshold and must demonstrate “reasonable efforts"—a standard still subject to HPD discretion​Construction Wage Thresholds: Jason highlights the expanded wage requirements, which now apply to projects in specific zones and of a certain size. Developers must notify HPD of wage compliance at least three months before construction starts. Penalties for non-compliance include significant fines and potential forfeiture of tax benefits​Permanent Affordability: A critical change in both 485-x and 467-m is the requirement for permanent affordability. Units that are affordable under those programs will remain affordable and rent-stabilized even after the tax benefit period ends, with HPD maintaining oversight, adding a layer of ongoing compliance that didn’t exist under 421-a.This episode provides essential insights into how developers can navigate the proposed regulations and the public comment process before the rules are finalized. Jason’s practical advice on compliance and avoiding costly penalties is invaluable. Be sure to also check out our earlier episode, The 485-x Tax Exemption Explained: A Deep Dive with Jason Hershkowitz, for a foundational overview of the 485-x tax exemption program. More on Shaping the NYC Skyline: Website - https://www.seidenschein.com LinkedIn - https://www.linkedin.com/company/shaping-the-nyc-skyline Instagram - Shaping the NYC Skyline (@shapingthenycskyline) Facebook - https://www.facebook.com/SeidenSchein YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Info Email - info@seidenschein.com Phone -  212-935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com You can also reach Jason Hershkowitz by email at:  jhershkowitz@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    18 min
  7. OCT 7

    Constructing Influence: 485X and Construction Wages with Kevin Elkins of the NYC Carpenters Union

    Get ready, Skyliners, for an eye-opening exploration into the heart of labor and advocacy with Kevin Elkins, Political Director of the New York City District Council of Carpenters (NYCDCC). In this episode, we dive into Kevin’s remarkable journey from running political campaigns to becoming a pivotal voice in the fight for construction workers in NYC.  Kevin takes us behind the scenes of the intense battles surrounding the inclusion of construction worker wage requirements as part of the new 485X statute, offering an insider’s perspective on the high-stakes negotiations that are reshaping the future of real estate development in NYC.  From his roots in Staten Island’s unique political landscape to his current role championing the needs of carpenters, Kevin’s story is one of resilience and unwavering dedication. He opens up about the union’s challenges, recounting the strategic moves and hard-fought victories that have marked his tenure. You’ll hear personal stories about the union’s relentless pursuit of fair treatment and how Kevin has leveraged his political experience to overcome legislative hurdles, with the goal of ensuring that real estate development programs in NYC prioritize the rights and wages of construction workers.  Join us for an insightful discussion that goes beyond the perspectives of NYC real estate developers, offering a rare and candid look at the union's relentless efforts and its ongoing battles. Gain a deeper understanding of the workers’ side and the critical role that labor unions play in Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://seidenschein.com/ LinkedIn - https://www.linkedin.com/company/seiden-&-schein-p-c-/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) Facebook - https://www.facebook.com/SeidenSchein YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Phone - (212) 935-1400 You can Reach our Hosts by email: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    44 min
  8. SEP 19

    Building Charter Schools and Harnessing the Power of a Growth Mindset With Andrew Esposito of Apex Development

    Get ready, Skyliners, for an inspiring episode featuring Andrew Esposito, Founder of Apex Development. Andrew's journey is a remarkable tale of strategic pivots and relentless ambition. His transition from a top law graduate to a trailblazer in real estate development is both inspiring and instructive. Despite his impressive academic achievements, graduating summa cum laude from Fordham University and St. John's University School of Law, Andrew chose a different path, one that led him to become a significant force in the real estate landscape of New York City. Our conversation uncovers Andrew’s unconventional shift from practicing law to mastering real estate development. After initially working at Barone Management, where he honed his skills and knowledge, Andrew launched Apex Development, which focuses on the development of charter schools, an asset class he became very familiar with during his tenure at Barone, and multi-family housing. His ability to navigate the complexities of zoning and his deep understanding of the economics surrounding development in New York City have been pivotal to his success. In this episode, Andrew provides a deep understanding of the intricacies of charter school development, including securing the ideal site based on considerations unique to an educational facility, negotiating the master lease with the charter school, and obtaining construction financing. Andrew's story highlights the importance of mentorship, a growth mindset, and seizing opportunities. Join us as we delve into Andrew Esposito's extraordinary journey, exploring his innovative approach to real estate development and how he harnessed the power of practical experience and strategic risk-taking all in service of Shaping the NYC Skyline. More on Shaping the NYC Skyline: Website - https://www.seidenschein.com/podcast/  LinkedIn - https://www.linkedin.com/company/shaping-the-nyc-skyline/ Instagram - Shaping the NYC Skyline (@shapingthenycskyline) YouTube - https://www.youtube.com/@ShapingtheNYCSkyline Email - shapingthenycskyline@seidenschein.com Reach our Hosts by phone, at (212) 935-1400, or by email, as follows: David Shamshovich dshamshovich@seidenschein.com Brenda Slochowsky - bslochowsky@seidenschein.com Camila Almeida - calmeida@seidenschein.com SEIDEN & SCHEIN, P.C. 570 Lexington Avenue, 14th Floor New York, NY 10022

    1h 3m
5
out of 5
20 Ratings

About

In Shaping the NYC Skyline, hosts David Shamshovich and Brenda Slochowsky, attorneys at Seiden & Schein, a boutique New York real estate law firm, explore the complex and unpredictable world of real estate development in NYC, through stories, anecdotes and insights from experienced real estate professionals, developers, architects and attorneys who discuss the state of the New York real estate market, NY real property trends, the NY politics surrounding real estate in New York and the forever evolving issues that are at the heart of Shaping the New York City Skyline.

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