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Development Rights Transactions

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


In the City of New York, development rights can be sold and moved –even the air above a property is subject to transfer and sale. But how do the skyscrapers get so tall? The answer often involves the as-of-right transfer of development rights between two adjacent properties sharing a lot line. Such transactions are mapped out and executed with precision requiring substantial due diligence and no small amount of documentation.

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 steps necessary to determine if transfers have occurred and all the documentation required to implement 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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