Association News Rochester Chapter

The Upstate NY CCIM Chapter and the Rochester Area Chapter of NYSCAR are sponsoring our Fall Education event. "Commercial Real Estate Negotiations" will be a held at the DoubleTree by Hilton Rochester on September 26, 2017. REGISTER HERE  Download Detailed Flyer

CCIM Institute’s Ward Center for Real Estate Studies provides leading education about commercial real estate topics and trends. Negotiation is a vital skill for all business professionals who deal with residential and commercial real estate on a regular basis. CCIM’s three-step interest-based negotiations model prevents the use of tactics that can derail a successful transaction. After completing this course, students will know how to:

  • Satisfy the interests of parties involved in the negotiation (without sacrificing yours)
  • Develop strategies for addressing challenges in a principled, transparent manner
  • Maintain a collaborative approach to negotiations
  • Effectively communicate the consequences of not reaching an agreement

This workshop satisfies the Institute’s eight-hour negotiation education requirement for earning the CCIM designation. This course will provide seven (7) NYS CE Credits.

LEGAL ALERT FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC: New York State Department of Environmental Conservation Accepting Comments on Proposed Amendments to the State Environmental Quality Review Regulations.
Update:  NYSDEC SEQR Public Comment to Close on May 19, 2017

The Legal Alert below, issued last week, stated the public comment period for the proposed amendments to the State Environmental Quality Review Act (SEQR) regulations closed on March 19, 2017.  However, the correct date for the close of the public comment period is May 19, 2017.

As an additional reminder, this Friday, March 31, 2017 at 1:00 p.m., the New York State Department of Environmental Conservation (DEC) is hosting a public hearing regarding the proposed SEQR amendments at DEC's Albany office located at 625 Broadway, Albany, NY 12233 in Assembly Room 129.

Stakeholders from both the commercial and environmental sectors have voiced concerns about the proposed amendments. Developers and other commercial interests have stated that the proposed amendments still do not provide adequate timetables or certainty during the SEQR review process that would provide project sponsors with some needed certainty as to when the SEQR review process is deemed complete. While on the other hand, environmental groups are concerned the changes proposed by the amendments may weaken SEQR  by making numerous additions to the list of Type II actions, thereby exempting additional actions from SEQR review. 

We will keep you apprised of DEC's responses to opinions and comments as formal responses are released.  Continue Reading


Because you are an RAC NYSCAR member, you are also a member of NYSAR.  Perks available to NYSAR members include access to cost-effective, comprehensive dental and vision plans designed exclusively for NYSAR members.  CLICK HERE FOR MORE INFORMATION

LEGAL ALERT FROM HARRIS BEACH PLLC:  Amendments to New York's Petroleum and Chemical Bulk Storage Regulations

On October 11, 2015, the New York State Department of Environmental Conservation's ("DEC") amended petroleum bulk storage and chemical bulk storage regulations became effective.  Although the amendments are a year old, owners, operators, consultants and contractors, among others, are still struggling with the question of who must report spills of petroleum or hazardous substances.  More recently on September 16, 2016, an emergency rule became effective which added certain chemicals to the list of hazardous substances in 6 NYCRR § 597.3. This Alert addresses the issues which have been raised by owners and operators regarding reporting under the October 2015 amendments, as well as reviewing the latest amendments to bulk storage regulations that have more recently gone into effect. Continue Reading

LEGAL ALERT FROM HARRIS BEACH PLLC:  Department of Environmental Conservation Adopts Sewage Pollution Right To Know Regulations

On November 9, 2016, the New York State Department of Environmental Conservation ("DEC") published a new regulation implementing the Sewage Pollution Right to Know Act ("SPRK"), which took effect on May 1, 2013.  Before the SPRK was enacted, notification of a discharge by publicly owned treatment works ("POTW") was only provided to DEC and the Department of Health within two hours if the discharge was near a public drinking water in-take, a bathing beach or shellfish beds. All untreated or partially treated sewage discharges from POTWs were required to be reported to DEC within 24 hours. Under the SPRK, notification requirements are ratcheted up, mandating reporting within two hours for all discharges by POTWs as well as publicly owned sewer systems ("POSSs").  Continue Reading

LEGAL ALERT FROM HARRIS BEACH PLLC: Department of Environmental Conservation Proposes Regulations Addressing Generators Used For Back-Up Power

On November 1, 2016, the New York State Department of Environmental Conservation (DEC) announced proposed regulations setting limits on distributed generation (DG) sources, such as diesel generators and natural gas-fired engines used generally to provide back-up power at large buildings and institutions such as hospitals and office buildings. The proposed regulation will not address larger units that qualify as major sources under the DEC's regulations at 6 NYCRR Subpart 227-2 or smaller units typically found in homes and other smaller buildings. 
The regulation will be promulgated as Part 222 and may be viewed online at Reading

New Education Requirements
Effective January 1, 2017

Any real estate licensee who renews their license must have completed 22.5 hours of approved continuing education, three hours of which must include Fair Housing and/or discrimination in the sale or rental of real property or an interest in real property along with the new required Agency-related coursework. Licensees making their first renewal are required to complete two hours of Agency-related coursework while all other licensees are required to complete one hour of Agency-related coursework. This change does not apply to those Brokers that are exempt from continuing education requirements.
The law of Agency is one of the most important duties for a real estate licensee. Many Department of State enforcement actions against licensees relate to violations of Agency law. This new education requirement will help you serve your customers and clients better, and reduce your risk for prosecution by the DOS.
Specifically, the coursework will help better your understanding of the relationships created between buyers/sellers, landlords/tenants and the real estate professional representing them during the real estate transaction. Understanding what fiduciary duties are owed, the proper use of the Agency disclosure form, and the ability to properly represent clients in various forms of Agency are critical for all individuals involved in the transaction.
View a list of approved courses which meet the Agency requirement. Any approved course that contains the topic of Agency within the coursework will satisfy either the one or two hour requirement.
Real estate licensees have the option to renew their licenses up to 90 days prior to expiration. Therefore, if your license expires between January 1 and March 30, 2017 and you renew prior to January 1, 2017, this CE requirement will not apply until your next two-year license period.

LEGAL ALERT FROM HARRIS BEACH PLLC:  New York State Department of Environmental Conservation  Amends Brownfield Cleanup Program

The New York State Department of Environmental Conservation ("DEC") recently amended the regulations pertaining to the New York State Brownfield Cleanup Program (the "BCP"). In a previous Legal Alert -"New York State Department of Environmental Conservation Announces Proposed Rulemaking to Brownfield Cleanup Program" - we provided an overview of the proposed amendments. The finalized amendments are codified at 6 NYCRR Part 375 and became effective on August 12, 2016. Following the state's 2015 amendments to the program in relation to the state's budget, DEC was required to amend the BCP regulations including defining and redefining certain terms. As enacted, the amendments revise the definition of "brownfield site," which is now defined as "any real property where a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or environmental standards, criteria or guidance adopted by the [DEC] that are applicable based on the reasonably anticipated use of the property, in accordance with applicable regulations."  Continue Reading

LEGAL ALERT FROM HARRIS BEACH PLLC:  Proposed Affordable Housing Legislation Would Expand the Low-Income Housing Tax Credit

Proposed affordable housing legislation in the United States Senate would expand the Low-Income Housing Tax Credit (LIHTC), America's main tool for creating and preserving affordable rental housing.  America is facing what many believe is a housing affordability crisis, leaving lower-income households in every state struggling to afford stable places to live. At the same time, many federal, state and local affordable housing resources remain stagnate or are in decline. The proposed legislation Continue Reading