Association News Rochester Chapter

The Under One Roof coalition needs responsible individual landlords, brokers and property management companies statewide to join them this Monday, January 13th in Albany to urge our state lawmakers to address the unintended consequences of the Housing Stability & Tenant Protection Act of 2019 on both landlords and tenants and advocate for changes to this law.

Please join us as we meet with our leaders and make YOUR voice heard in New York!    REGISTER AT UNDERONEROOFNY.ORG.

Pre-registration is requested!

Cost is $25 and includes lunch, t-shirt and materials for the day.


•          9:00 am - Registration

•          10:00 am - Welcome

•          10:00 - 1:00 pm – LOBBYING MEETINGS-  Show them how many strong we are as part of this mission! Interested members who wish to join one of our task forces to speak with legislators contact

•          1:00 pm - Lunch (approximate time)

•          2:00 pm - Conclusion

•          * All times are subject to change

PARKING: Parking may be found below the concourse in the P3 area. From there you will need to make your way to the Legislative Office Building (LOB) where the Well is located. Everyone will have to go through security in either the LOB or Capitol. Please be sure to leave pen knives and the like at home, they will be confiscated. Also, be sure to bring ID. Entry can be from the LOB as well, if you find parking on the street.  If entering from LOB you will be on the LOB 3d floor – the Well is on the first floor LOB.

AMTRAK Train (Click to go to Amtrak Website to make reservation):

•          January 13 Schedule to Albany for Arrival at 9:41am (Train #280)

•          From Buffalo – Departs 4:46am

•          From Rochester – Departs 5:41am

•          From Syracuse – Departs 7:01am

•          Depart Albany 4:00pm (Train #281)

MOTORCOACH TRAVEL: A motorcoach holds 55 passengers. If you are interested in hopping on the bus from Rochester to Albany, please contact Lisa Baumgartner at (585) 232-5300 x279. CALL ASAP ON THIS IF INTERESTED.

OVERNIGHT ACCOMMODATIONS: For hotel reservations please contact the Renaissance Hotel, 144 State Street, Albany for the evening of Sunday, January 12 at a rate of $179 plus tax at (518) 922-2500.

For more updates on the Under One Roof coalition’s efforts in Albany, follow the local attorney who is leading the charge, Jaime Cain of Boylan Code, on Twitter @JaimeMichelle6.

Update! November 15, 2019 -- We will let you know when this is back up and running!

October 10, 2019

From the Desk of Mercedes R. Brien, State NYSCAR Technology Committee Chair:

Affiliate Email Blast 

NYSCAR is pleased to offer a broadcast email service to the Affiliate members of the association. The intent of the service is to provide networking opportunities between the members in offering services and opportunities from our Affiliate members. Please note that a specific service or opportunity should be sent no more than once a month, unless there is a change in the information, such as a reduction in price, added benefits, etc. We appreciate your cooperation in this matter. 

The Affiliate Email Blast went live today!
*Recipients will have the ability to opt out within the email settings on the website. 
*The brokers email was changed to look different form the affiliates email blast. 

NYSERDA Commercial Brokers Referral Program  (See Below)

Program Opportunity Notice (PON) 4209

New York State Energy Research and Development Authority

Brokers are an integral part of a tenant’s journey when moving into a new space or renewing a lease. Brokers who understand their customers’ sustainability and energy management strategies are better positioned to ensure the space selection process aligns with these goals and directly improves occupant experience. By considering energy efficiency at the onset of a new lease, brokers can help their customers benefit from significant energy cost savings over the lease term (between 30 and 50% within a 3-5 year payback.) Landlords can also see increased Net Operating Income and higher ENERGY STAR® scores when energy conscious tenants move into their buildings. The offer is valid until December 31, 2020, or until all funds are disbursed, whichever comes first.

All commercial brokers are eligible, including tenant and landlord brokers. To be eligible, the broker must present a valid broker license. The broker can decide how the incentive is disbursed: directly to them or through their brokerage firm. The broker can receive $5,000 for every customer that submits a successful application to the program. The new tenant space must be 10,000 square feet or more.

Applications accepted on a first-come, first-served basis dependent on funding availability, until December 31, 2020 by 3:00 p.m. ET.

For Additional Details and Associated Documents Visit:
PON 4209 Solicitation Detail Page

Have Questions or Want to Learn More?
Our staff is here to help you throughout the entire application process. Get in touch with

NYSERDA, a public benefit corporation, offers objective information and analysis, innovative programs, technical expertise, and support to help New Yorkers increase energy efficiency, save money, use renewable energy, and reduce reliance on fossil fuels. NYSERDA professionals work to protect the environment and create clean energy jobs. NYSERDA has been developing partnerships to advance innovative energy solutions in New York State since 1975. To learn more about NYSERDA's programs, visit or follow us on TwitterFacebookYouTube, or Instagram.

1-866-NYSERDA |  | 17 Columbia Circle, Albany, NY 12203

LEGAL ALERT FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  Appeal Court: City's Funding of Neighboring Property Restoration Did Not 'Condemn' Restaurant

In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that property owners cannot assert a lawsuit alleging inverse condemnation and other damages against the government based solely on government action directed at a neighboring property.  Read Full Article


The Act is a Sweeping and Comprehensive Collection of New Provisions that Strengthen Tenant Protections for all New Yorkers.

New York State Secretary of State Rossana Rosado announced today that the Department of State’s Division of Licensing has issued guidance for Real Estate Professionals concerning the Statewide Security and Tenant Protection Act of 2019 (Act).

“The new laws are a broad collection of provisions that increase tenant protections for all New Yorkers,” said Secretary Rosado. “The Guidance will help the real estate industry and other interested parties understand the new law and apply it correctly for the benefit of current and prospective tenants.”  Read more …

Guidance for Real Estate Professionals Concerning the Statewide Housing Security & Tenant Protection Act of 2019

LEGAL ADVISORY FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Both cases present ammunition to dismiss a case at the early stages of the litigation based on the allegations in a complaint.  Read Full Article

FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  13 Things to Know: Expansion of Rent Regulation and Tenant Protections

BACKGROUND: On June 14, 2019, the Governor enacted sweeping legislation expanding certain rent provisions statewide and altering the relationship between landlords and tenants in residential real estate.

NEED TO KNOW: EXPANSION OF RENT REGULATION: The Emergency Tenant Protection Act of 1974 (“Act”) was expanded as part of this sweeping legislation. This Act established the system of rent stabilization and regulated rent as seen in New York City, and could be expanded to any village, town, or city if the local legislative body passes a resolution upon adequate public notice declaring an “emergency” after a finding that vacancy rates for any or all classes of housing are 5% or less.

TENANT PROTECTIONS: The legislation also strengthened the substantive rights of residential tenants against landlords while bolstering tenants’ procedural rights in the face of an eviction. Notable provisions include: Continue Reading

From the Desk of Mercedes R. Brien, RAC NYSCAR Awards & Scholarships Chair:

All nominations are due to me no later than end of day Monday, September 23, 2019.  Please email me with your nominee(s) at or call at 585-330-4890 (cell) or 585-348-9170 (office).

Download the form to nominate members of RAC NYSCAR for the Allan D. Moore Lifetime Achievement, Deal of the Year (Sale and Lease), Commercial Realtor of the Year, Meritorious Service, Best New Talent and Affiliate of the Year.  Awards will be presented at RAC NYSCAR’s November 14 Annual President’s Dinner and Awards Ceremony being held at Casa Larga Vineyards and Winery.

Education Scholarship funds are available through the Glazer Memorial Foundation and RAC NYSCAR for RAC NYSCAR members in good standing.  If you plan on registering for the CCIM courses in Rochester on October 28, 29 and 30, applying for an education scholarship can defer some of your costs.  Download information on eligibility and the application process.

June 10, 2019

From Joseph F. Rowley, Jr., RAC NYSCAR Governmental Affairs Chair:

Below is an email with a link to our Legislature and Senate.  We have only 4 days (June 14) until a vote.  Please help to stop rent control in Upstate New York.  If New York City wants rent control, let them have it.  We don't want this to happen here as it will greatly impact development in our region.  Read more below.

Act Now: Oppose Burdensome Rent Restrictions! 

The New York State Legislature is poised to enact legislation expanding rent controls and limitations on evictions. Contact your state legislators today and urge them to oppose this misguided legislation.


One of the most harmful effects of rent control is the downward pressure placed on development. According to a survey of the American Economic Association economists, 93% agreed that rent control has a negative effect on development.

When rent control is implemented, building development tends to move to more appealing cities. This leaves rent controlled areas with a stagnant, or more likely, decreasing housing stock. And with less supply, the cost goes up. The impact of less development goes beyond the quantity of available housing. 

Similarly, the limitations that S2892A/A5030A would put on evictions will make residential real estate a less attractive investment by lowering the value of properties and increasing the risk to the owner. De-incentivizing development will only serve to exacerbate the affordable housing crisis by halting the growth of new housing and reducing the quality of existing housing.

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LEGAL ADVISORY FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  Recent Decision Narrows Commercial Tenants’ Recourse to Yellowstone Injunctions

Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the rights of commercial tenants to obtain Yellowstone injunctions.  Read Full Article

From the Desk of Ginny Squire, RAC NYSCAR 2019 President:

I am absolutely thrilled to announce that our own Mercedes Brien, RAC NYSCAR Past President, has been named the New York State Commercial Association of REALTORS® Realtor of the Year!! The NYSCAR Realtor of the Year recognizes and honors those who have served not only in the Commercial Real Estate profession but also within their community. Mercedes' award was presented to her at the Board of Governors General Session, held on Tuesday, February 12, 2019, in the King Street Ballroom at the Desmond Hotel and Conference Center in Albany, NY. Congratulations, Mercedes!! Mercedes is also serving as this year's Secretary on the NYSCAR Board of Governors.