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Advanced Techniques in Transfer Development Rights

SKU: REL5400
Total Credits
1 - 1.5
  • Online Access
  • Smartphone
  • iPad/iPod/Tablets
  • CDs/DVDs


The transfer of development rights in the City of New York usually involves an as-of-right transaction between two adjacent properties with a contiguous lot line. Circumstances sometimes require the use of advanced techniques utilizing an air parcel to store development rights for use at a later date. Depending on the location, development rights generated through the Inclusionary Housing program or in Special Districts (e.g., Highline Transfer Corridor, Southstreet Seaport) may also be transferred.

This CLE course by a top New York City land use lawyer will familiarize attorneys with the language of zoning and development rights transfers, the due diligence necessary to determine if transfers have occurred, and the documentation and approvals required to implement both as-of-right and advanced transfers.

Lecturer Bio

Paul J. Proulx, Esq.

Paul J. Proulx is senior counsel in Holland & Knight's New York office, where he focuses on land use, zoning and development matters as well as general real estate transactions. Mr. Proulx represents clients before New York City agencies, such as the Board of Standards and Appeals, City Planning Commission, Economic Development Corporation, Department of Housing Preservation and Development, Landmarks Preservation Commission, Office of the Mayor and New York City Council.

Mr. Proulx has extensive experience drafting and prosecuting land use applications as well as negotiating and drafting restrictive declarations. He also drafts purchase and sale agreements, zoning lot development agreements (ZLDAs), declarations, licenses, and easements for development rights transactions involving private developers as well as city, state and public authorities. In addition, Mr. Proulx advises clients in connection with zoning and construction code issues.

Before he entered private practice, Mr. Proulx spent time in government, as land use and economic development counsel to the supervisor of Babylon, N.Y., and worked in-house with a hotelier and real estate development firm.

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